PRA and Old Cap1 Card Debt - Now A Letter Of Claim

[finaldj]

Thanks for opening the thread.

 

It's been a while since I updated this. So just a catch up.

 

I had a number of debts some are still outstanding and just gone into default and handed over to LCS who as been trying to contact me.

 

PRA group has 2 debts and had them since last year although they have only been emailing me they decided to start writing to me.

 

The 2.5k debt I'm just getting emails at the moment.

 

The capital one debt they threatend litigation in writing so I shot off a CCA request last week and they've come back with some information.

 

A copy of the original agreement which has my first address on where I lived in 2010 and a list of statements dating back to 2010 - 2015 ending in 2015 when I got into debt with the card.

 

They have given me 10 days to respond so at this stage should I offer a form of affordable month payments?

 

The total debt is £1100

 

 

 

 

[dx100uk]

no scan up their supposed CCa response

 

dx

 

[finaldj]

I've taken out my name and address and blanked where my name was on the digital signature.

 

The other stuff they sent was statements on what was spent on the card from 2010-2015.

 

Which seems to tally up on stuff I recognise using the card for.

 

I followed the guide thanks

 

CCa return.pdf

[dx100uk]

thats not an enforceable CCA return as there are pages of T&C's referred too on the 1st sheet that they've not sent.

 

dx

 

[dx100uk]

urm interesting

the right to cancel box should be part of the CCA that you signed and they cant omit it..

 

i wonder if them say its not invalidates the whole agreement.

as its not part of the prescribed terms and it should be under the act.

 

cap1 have you screwed up here for arrows...that's a shame.

 

 

[finaldj]

Really? So the bit that says "additional information" this does not form part your credit agreement should form part of it?

 

OR have I missed something? it looks legit to me but you'll know better.

 

What should I do I this stage?

the statement they have sent shows what has been spent on the card so look pretty legit would be hard to argue?

 

Should I just ignore them,

 

Offer an affordable payment

 

or

 

Wait and see if they take it to court and stand my ground there?

 

I appreciate the help

 

The right to cancel as shown in the PDF document is there but it's on an additional piece of paper should this look different?

 

Does everything else I've shown look legit?

 

Edited July 22, 2020 by finaldj

[dx100uk]

docs already merged to your CCA response pdf above.

 

it the wording that puzzles me..

this information does not form part of the CCA...but it must under the act

and must be on and within the 4 corners of the agreement you signed,,, its not  .

 

what any statements say is immaterial. Throw the morality card out the window.

 

pers i think arrows are flying a kite.

[London1971]

Having dealt with PRA, I’d just ignore it, as long as they have your current address. Unless of course they send a letter before action.

[finaldj]

Hi London,

 

I got a letter from PRA group on the 5th June stating that they bought the account on the 23/5/2019 and have been trying to resolve the matter since then.

Further down the letter it states that they have now passed the account to the investigation and litigation department to look at your outstanding debt and possible Litigation recovery.

They gave me 30 days to contact them to resolve the matter or they would consider the next stage in putting me on notice for court proceedings.

So I shot off a CCA request hence the top posts you've seen.

 

The letter is signed their legal team/solicitor

 

They have given me 10 days to respond to the CCA request they sent.

 

DX100,

 

I'm not familiar with the terms you use "pers i think arrows are flying a kite"

am I right in thinking it's not a proper T&C agreement they have sent?

 

it has my old address on it when I first took the card out and have moved another 2 addresses since then.

Do I hang fire at this point and just ignore them or get in contact now and offer some form of monthly payments?

Do you think at this stage they will probably start with court proceedings as per the letter dated 5th June or is that some made up scare tactics letter?

 

[dx100uk]

99% of dca letters dont say WILL anything

read them properly 

 

not sure why you keep wanting to be fleeced by powerless dca's.................

[London1971]

Agree with @dx100uk.

 

It’s all hot air, until if /when you get a letter before action. Put it to the back of your mind and make sure you open all your mail.

[finaldj]

I've had a pack delivered today from Intrum 8 months later responding further to my CCA request.

They've included something similar to the last CCA request as above

I'll upload some of the documentation tomorrow to cast your eyes on if you can please.

I won't post all the credit agreement as it's 22 pages but I''ll show the relevant bits.

 

2 things I'm wondering

if a company produces a CCA are they more then likely to take court action?

if just ignored knowing they have this as evidence?

 

The other

I've had a company sell a loan on but with interest

it was double

are they allowed to sell on the interest along with the original loan amount?

 

Thanks

[dx100uk]

1.depends on the enforceability of the CCA return.

 

2. as for int, if that's what you signed up too ..

 

[London1971]

I’ll just give you my experience. I’ve had many CCA requests back, and I still never paid them a penny. Not one of them took court action. They are all statute barred long ago. 
 

In fact the only DCA’s that took action against me were one’s Who I didn’t keep updated with my current address, and were able to gain a default judgment without my knowledge.

[finaldj]

Thanks for the reply back London.

 

Just to follow up on PRA group and the threat of court they have sent me a letter today "Letter before claim"

 

they've sent a pack with the letter that has some tick boxes that say things like, "I owe the debt" "I owe part of the debt" "I don't know whether I owe the debt"

 

They have given me 30 days notice and they've also sent a financial sheet to fill in.

 

The tick box form says I have 30 days to fill in the returns form if I dont it could result in court proceedings

 

This is a new kind of letter I have seen from a debt company is this something I need to take action on now or continue to ignore?

 

if need be I can upload picture of the written letter?

 

 

 

 

 

 

 

Edited August 3, 2020 by finaldj

[AndyOrch]

 

[dx100uk]

click letter of claim and read up!

 

whats the debt type and the OC?

 

have they complied with a CCa request yet?

 

 

[finaldj]

Hi DX100

 

The debt is related to a capital one CC for just over 1k

 

 the other day I posted up copies of the CCA they sent back, you had a look at them?

 

I have had a look at the link for before claim.

 

As above they sent documentation already for the CCA and the letter they have sent today has a letter attached detailing the debt how much it is with zero interest and fees. there is also the PAP form and a financial sheet.

 

other than the CCA requested documents they sent last week it's just the above letters today.

 

The link of letter before claim states they should have sent copies of everything inc the default notice they sent?

 

do I still dispute the debt at this point or offer a form a payment now?

[dx100uk]

you read and follow post 2 of the link andyorch posted

but ofcourse omitting the CCa request again and mention of it in the list of required documentation along with anything else they have already supplied

 

you could mention that the CCA return is not fully compliant with your prevoius CCa request

but not give the game away as to what is missing upon its prescribed terms.(no right to cancellation box etc )

 

dx

 

 

 

 

 

[finaldj]

I will be sending off the LBA forms on Monday.

 

Just wanted to double check to make sure I'm getting this right I read on another forum that someone else posted about a LBA that when they ask for further documentation this is what they should ask for

 

• A Copy of the written contract for the debt
• A full statement of account, including details of all interest and charges on the outstanding balance of the debt explaining how theyve been calculated, and any payments already made towards the debt.
• A calculation of interest claimed
• The annual or daily rate of interest
• A description of the nature and amount of any administration charges included in the debt.
• A copy of Notice(s) of assignment(s)
• A copy of the Default Notice

The bits I showed you DX100 didn't have any of that just a copy of statements and some odd looking credit agreement so should I ask for the above listed as per the other forums suggestion?

 

If I do suggest the CCA didn't have all information do I need to do a new CCA letter and send it in with the LBA or can I just write in the box provided?

 

the LBA also asks for my name, date and signiture do I still stick to not putting my signiture down? just print my name still?

 

If this did end up in court and I lost how does this usually go in terms of asking me for the whole amount in say 30 days notice or do the courts likely agree to a payment plan?

[dx100uk]

you follow post 2 in that related thread............

 

all of that list and what to do regarding cca request is already there...

 

 

[finaldj]

Thanks for that DX I must be going mad I looked through that thread about 6 times now and didn't even see that

[dx100uk]

sorry but i know you too well.

that's why i specifically pointed it out earlier.

 

you always make silly schoolboy errors.

 

dx