PRA PAP Letter received - old Barclaycard Debt

[VitSea 1]

Hello

I received a PAP letter from PRA Grp today in relation to a Barclaycard debt that was defaulted in 2015. There was no reply form enclosed.

I have previously requested 77-79 information from them.

 

The last letter I have had from them, apart from account summaries, was in 2017 and stated 'we are awaiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court action against you.'

 

Any advice on what I should do/reply would be appreciated.

Thanks

[dx100uk 9,543]

follow post 2 

 

[VitSea 1]

Thanks - the letter I received today is actually titled 'Re: Pre Action Protocol Letter' which suggests they have previously sent a pap? which they haven't. Should I treat this letter as the pap and reply accordingly?

[dx100uk 9,543]

have you moved since taking this card out?

 

[VitSea 1]

Yes, several times but have always updated them of my address.

[dx100uk 9,543]

cant hurt to send it

 

dx

[VitSea 1]

ok thanks, should I also send another cca request? sent one a few years ago, they replied with some but not all documents and deemed the debt as unenforceable

 

[Will Goodfellow 13]

Why would you have previously sent a CCA request if you didn't receive a PAP letter?

[VitSea 1]

I had a 'letter before claim' in 2016, the advice given was that I send a CCA request

[Will Goodfellow 13]

Okay, the letter before claim is a PAP letter hence the titled 'Re: Pre Action Protocol Letter'

[VitSea 1]

Understood - thanks for clarity on that, so should I send another CCA request with the reply form?

[Will Goodfellow 13]

Yes, submit another CCA request. Unless they have now dug up the CCA, the debt is still unenforceable.

 

Also, you don't need to bother with the reply form, just the CCA request. Be careful not to admit to ever having owed the debt, depending on how the form is worded, you may inadvertently do so. It makes no difference to enforceability if the CCA can't be produced, but can reset the statute barring period providing more time for PRA to obtain the CCA agreement.

Edited September 5, 2020 by Will Goodfellow

[VitSea 1]

Thanks, I've looked back through my files and it looks like they actually did supply with a copy of the agreement a few years ago. I also have a letter of assignment and a default notice from the bank. I'm not sure which documents they are referring to have not supplied to make the debt unenforceable. Also unsure why they've sat on it for two years. 

 

Edit - Actually, looked again and it just seems to be the T&Cs of the agreement.

Edited September 5, 2020 by VitSea

[Will Goodfellow 13]

It is likely that they are attempting to obtain a default judgment before the debt is statute barred and are testing the water. If you were to receive a money claim and did not respond, even without a CCA, PRA would obtain a CCJ against you.

[dx100uk 9,543]

follow post 2 of that thread.

 

use the attachment there.

 

send a new cca too

 

dx

[VitSea 1]

I'm a bit worried I may have missed some letters. I know they were still sending letters to my former address despite me notifying them of a change of address. Today's letter says' if we do not hear from you within the next 30 days, your account may be submitted to the CC to obtain a CCJ'

I will follow post 2 and also send a new cca.

Thanks for the input.

[dx100uk 9,543]

[VitSea 1]

Reply from PRA (letter):

 

It has come to our attention that we have recently sent you a letter in error. We sincerely apologise for this mistake.
Due to a system error, a letter regarding legal activity was sent to you by mistake. I can assure you all steps have been taken to resolve this error and no legal action will be taken on your account at this time......

[dx100uk 9,543]

i want compensation for the distress this has caused me.

 

 

[VitSea 1]

Do you think there's any mileage in that?

 

[dx100uk 9,543]

yes we've seen it before.

 

they think they've gotten away with it otherwise

 

 

[VitSea 1]

And in reply to my CCA request, they have returned my £1 cheque together with a copy of the default notice! not sure what's going on there.

[dx100uk 9,543]

oh well

until/unless they comply to the CCA request

cant see this going anywhere.

 

dx

 

[VitSea 1]

PRA have now sent me pages of statements, default notice, letter of assignment, an agreement which doesn't contain my signature) and informed me that this debt is now enforceable. They have also sent me a financial questionnaire and asked me to complete it and send it back. Do I need to do this?

[Andyorch 10,507]

Scan redact and upload what they have sent for opinion.Do not complete any financial questionnaire.

 

Andy