PRA group PAP letter of Claim - OH's Barclaycard debt

[gwebstech]

Hi all

 

My OH has today received a letter from PRA group saying they are considering court action.

Theyve sent the letter i attach here, and an income/expend form and another form with some basic questions on.

 

She did have some debts from a while ago, but she says now that her credit file is all clean so do you think this is a serious letter or are they just trying it on?

 

She thinks that as she hasnt paid for a few years.

Shes under the impression that soon this will be over 6 years since she paid anything but i dont think its anything like that length of time.

Its form an old Barclaycard debt, we thought all these were sorted/passed now but obv not!

 

Were due to get a new mortgage deal in July so we dont want another CCJ on her file (she had one from when all these debts started but thats gone now)

 

Should see apply for copy of CCA?

thanks

[brassnecked]

Could you post the documents as pdf with personal details redacted, and have they given you 30 days to respond and will issue a claim after that?

[gwebstech]

Hi, yes it says got 30 days to reply, and theyre going to issue a court claim

 

but surely if its not on her credit file it must be over 6 years old, or does that only matter if payments have been made in last 6 years?

 

thanks

20190521_164451.pdf 20190521_164350.pdf

[brassnecked]

If deffo over 6 years, send the SB letter from CAG libray as a reply and don't fill in and send anything else back, check credit files to make sure first.  What was date of default and when was last payment made?

[gwebstech]

Hi

 

Dont know date of default, or last payment made but its def not on her Experian file

Can they just take her to court after this letter with no other warning?

 

Can they just take her to court with no other notice?

[brassnecked]

If that is  Letter before Action, yes they will issue a claim all addresses are up to date?  They love it where they can send stuff to an old address to get a naught Default.  If you are sure it is 6 years even if it will be 6 years just before the 30 days up, send SB letter as it should be Statute barred

 

They will have to prove it isn't if they make a Claim.It should be possible to rebut, as you would ask for sight of all documents they rely on including a signed Agreemewnt if pre 2007 cannot be a reconstituted Agreement.  When was the Card taken out?

 

[gwebstech]

Not sure when it was taken out, it says on the letter the agreement started in 2002 but that must have been when the

card was taken out

Can you email this SB instead of posting it?

 

one more question - if we ask for SAR or is it CCA? they have to comply and cant take court action in the meantime? im assuming this is nearly up to 6 years since a payment was made and theyre trying to get to her befroe time runs out

 

thanks for the help

[brassnecked]

 Best Post,  You don't want to email anything as it gives them another way to harass or send stuff at last minute 2002 they need an original agreement with the original T & C's.  Sure other Caggers will be along soon also with advice.

[dx100uk]

use 1st class and free proof of posting from any PO counter

do not ever use email to any DCA.

 

 

retitled and moved to the BC forum

[gwebstech]

Hi

 

thanks for that

 

Id already emailed from my email address before i saw these replied, they just responded and said as below:

 

Thanks for getting in touch.

Our records indicate that your account defaulted on 30 November 2010 and the last payment made to the account was on 30 September 2016. 

This means your account is not ‘Statute Barred’; under the Limitations Act 1980, we have six years from the date the debt was last acknowledged to collect the outstanding balance, after this time the debt becomes unenforceable; this means that we are unable to pursue this through the Courts but the balance is still due.

Your account has been selected as being potentially suitable for litigation as we believe you may be in a position to resolve. We would like to work with you to prevent any litigation.

We are committed to working with you to come to an appropriate resolution and have put your account on hold for 14 days to give you time to consider how you would like to move forward.

If you don’t contact us by 5 June 2019, your account will reopen and we will contact you to discuss how we can help you. 

Questions? 

We’re happy to help, contact us by:

• responding to this email;
• visiting our website (pragroup.co.uk); where you can make a payment, find answers to commonly asked questions and complete a budget form; or
• calling us on 0800 877 2772.

Yours sincerely

 

Customer Solutions Agent

PRA Group (UK) Limited

 

What are her next steps? to ask for a copy of the CCA?

 

Has the law changed recently that debt collectors can take people to court on behalf of the creditor? i assumed that creditors only pass debts on if they cant lititgate themselves?

 

thanks

 

[dx100uk]

the debt has been sold to the debt collector/debt buyer [PRA] .. they now own it

BC sold the debt, so pra are not operating on behalf of BC

 

how come she forgot she paid this less than 3yrs ago?

 

respond to the PAP letter by following post 2 here

and STOP ever using email about debts to a any DCA.

 

 

 

 

 

[gwebstech]

Dunno how she forgot, shes under the impression she hasnt paid it for 6 years or so, but i know myself how easily these things get forgotten

 

It says to send the PAP form to their solicitors - there is no mention of solicitors yet so just send it to PRA??

 

thank you

[dx100uk]

Yes pra

[AndyOrch]

" the last payment made to the account was on 30 September 2016." 

 

You only have their word for this...check the assignment date...did PRA own the debt at this date or was it still with the OC ?

 

Do you still have access to your statements....can you check if there was a payment ?

 

Andy

[gwebstech]

Exactly what we thought, her online banking doesnt go that far back i tihnk she'll have to request statements and check herself

[AndyOrch]

If you could find out the date of assignment.....that will help you because if the assignment was pre  30 September 2016...Im sure you would recall making a Payment to PRA if ata all

[gwebstech]

wont the date of assignment be part of this CCA request?

[AndyOrch]

No...thats just a request for a copy of the agreement

[gwebstech]

ok

 

ive printed out the CCA and the PAP letters as on those posts, ill get a postal order and get it sent off

 

i love getting those "we dont have this information at present..." letters, lets hope this is another of them

 

thanks

[AndyOrch]

Did you never receive a Notice of Assignment ?

[gwebstech]

Honestly dunno, shes worse than me for chucking stuff. She was going to ignore this as she thought they were just trying it on but  i still get those "try it on" letters and they arent like this one

 

i save every bit of paperwok now but that was after getting my fingers burned but she needs to start saving hers too

[AndyOrch]

You can always ring them and ask for a copy or ask BC

[gwebstech]

surely better to write? dont want them to get her on the phone and give em a captive audience

[AndyOrch]

If you ring Barclays makes no odds......or attach a letter to your CCA request...its not acknowledging the debt

[gwebstech]

Ive just checked, its asked for in the list in the PAP