PRA - Letter before Claim - old barclaycard debt

[KarenLilly]

Hey... I was defaulted in 2012 for 4 separate credit cards.  I made agreements to pay a certain amount each month with them all (albeit not a lot).  One is with Capital One, I continue to pay directly to them as they never transferred the debt. 

The others was transferred to PRA; 2 x MNBA these was defaulted in 2012 so no longer show on my credit file. 

The 3rd one originally with Barclays was defaulted in 2016, so is still on my credit file. 

I have never missed a payment in the 6+ years the agreements was made.

My husband has been made redundant, he will be entitled to a little bit of redundancy via the government scheme around 4k, so not a lot. 

I phoned PRA to see if I could settle the 3 accounts with the redundancy money. 

On the Barclay's card as the balance is now only £1800.00 I have to pay the amount in full. 

With the two MNBS they are both around the 4k mark each - they said they would settle with a 5% reduction. 

Far more that the redundancy money will be.

Is this debt classed as Statue Barred?

if not, if I no longer pay what could be the consequences (if any)? 

I obviously will not be able to afford the payments but don't want to get into any legal trouble or my credit file be marked for another 6 years.

Any advice will be very much appreciated. 

[AndyOrch]

Hi and Welcome to the forum.

 

A debt can only become statute barred if there is no acknowledgment or payment for a period of 6 years (5 Scotland) from the cause of action or issuance of a valid default notice.

 

you can only be defaulted once on your credit files.....save your redundancy money

 

Andy

[dx100uk]

Hope you sent everyone you are blindly paying a cca request first?.....

[KarenLilly]

No, didn't know I could ask for one, but I will now, unless it's too late?

Thanks Andy - is it wise (can I) just stop paying then without any consequences court action etc...?? 

 

 

[dx100uk]

get some CCA request s running tomorrow.

without enforceable paperwork no-one is going near a courtroom door.

wait and see what toilet paper each one returns with.

they have 12+2 days else one of your options is too cease payment until they do.

 

 

[dx100uk]

and?

 

[London1971]

Oh please to holy God did she not throw her husband's redundancy at these bloodsuckers.

[KarenLilly]

 I requested a CCA for all 3 accounts. 

As you predicted, they took longer than the 12 days to respond. 

They have now provided the information for 2 of the accounts and I'm still waiting for the 3rd. 

They're all copies of the documents and not originals.

PRA have written to me stating "they have deemed the debt unenforceable" 

I have therefore stopped paying any monies to them, I will not be using any redundancy monies to paying them off... and although I'm receiving emails/letters regularly; I'm refraining from answering them and hoping they will eventually stop!!

Thank you for your advice.

  

 

PRA Barclaycard CCa return.pdf

[dx100uk]

one fleecers gone...see!

 

read our upload guide carefully

and scan up to ONE multipage PDF ONLY

the 2 CCA returns 

[KarenLilly]

 I complained directly  to PRA over one of my accounts (Barclays) as I had previously requested for CCA;

they had originally deemed the debt unenforceable due to them being unable to provide ALL the relevant documentation within 12 days. 

On their response to the original complaint; they confirmed that they stated that the Barclays debt is now actually enforceable as I have now received all the relevant documentation! 

I wrote a response stating why there was a contradiction and the debt should remain unenforceable as they originally stated.

Their response is also attached!

Where do I now stand?

although they have stated in the letter they have no intention of enforcing the debt; I am concerned they can change their mind at any time.

The documentation I received was  all copies of the documents and not originals; does this make a difference?.  

I have not paid any monies to them for all the 3 accounts I requested CCA since Feb 21 - they have classed the other two an unenforceable, I cannot understand why this one is different?

Hope this makes sense!!

 

complaint letter tennis.pdf

[dx100uk]

1st please stop entering into pointless letter tennis with a powerless DCA, NEVER do that, if they fail the CCA request, end of, you go radio silent until/unless they latterly comply (with documents that we deem enforceable..NOT them!)  or until/unless you get a letter of claim.

 

no-one told you to write and this 'can't enforce after 12+2 days', even if they do later, where did you get that twaddle from? 

 

we asked long ago to scan to one multipage PDF any CCA returns you get so that we can see them and decide not you or them decide.

 

we need to see the barclays CCa return please one multipage PDF read upload carefully

i've had to hide your last post as your uploads contain pers info. please redact them properly and i'll put the post back up.

 

 

 

 

 

[KarenLilly]

I want some advice please on an outstanding debt of £1,757.97.

 

The credit card was originally taken out with Barclays around 2009; we ran into trouble with a few credit cards and was therefore defaulted in 2012, for the card and others.

 

We paid an agreed amount to Barclays until the debt was transferred to PRA Group a few years ago.  We were paying PRA £5.00 per month, then after a post on this site we were advised to write to PRA in January 2021 asking for a copy of my agreement and a full breakdown of the account including any interest or charges.  I understood that they had to supply these details within 12 working days or the debt became unenforceable.

 

They responded with some details and they confirmed in their letter that a copy of the agreement was not yet available, and they had enclosed a copy of statements. These statements were not enclosed with the letter. The letter also confirmed that the debt at this time was unenforceable.  I received another letter in April 2021 with the remaining details and they stated that the debt was now "enforceable" I wrote a complaint letter in April 2021 asking for an explanation on why the debt is now enforceable.  Their response and details are all attached.

 

I have not paid anything towards the debt since Dec 2020; I have received a few letters over the last year requesting to set up an agreement, to which I did not respond. I have now received a letter stating they have defaulted my account, although it has been defaulted in the past and 6 years have elapsed; they are also demanding an agreement/payment or they will take me to court.  Letters are also attached.

 

I have checked my credit file, at it does not yet have a new default listed. 

Can they default my file and can they enforce a court order?

 

Can you please advise where I stand and the best course of action I can/should take? 

I have until 11th January to write back to them.

 

I appreciate any help and advice you can provide, as I do not understand the legal details.

 

PRA Letter 7th Dec 23.pdf

[dx100uk]

old and new threads merged

as andy mentioned before a debt cant be defaulted twice so it cant comeback on your filer no.

hit letter of claim

follow post 2

dx

 

[KarenLilly]

Hi, thank you for the response.

I read on the Internet that you could be defaulted twice;

If Barclay is the original defaulter and they passed the debt to PRA, PRA could default me if I have not kept to the agreement "

Quote

You cannot have two defaults for the same debt.

What sometimes happens in these cases is that the original creditor defaults your account and passes the debt on to a debt collection agency.

if you fail to meet the criteria set out for you by the debt collection agency, they might default your account as well.

Could this be the reason why they are threatening to default?

Shall I continue to ignore them?

 

Thanks

[dx100uk]

you cannot have 2 default notices issued on the same debt, end of, unless you of course you met the criteria of paying what was required on the 1st one. 

typically it still gets registered regardless as the defaulted date, and thus on the DN's 6th B'day the whole account is removed from your credit file, never to return. regardless to you meeting the criteria stated on it. so how can someone issue a new DN if theres no account showing and it can't comeback on!

trouble with the internet is muppets get confused between calendar D(1-6)  markers and a registered default following a default notice letter, they are NOT the samething and cal markers can be totally ignored. no-one bar you and the debt owner can ever see them.

1 hour ago, KarenLilly said:

Shall I continue to ignore them?

NO!! you've had a letter of claim

 

13 hours ago, dx100uk said:

hit letter of claim

follow post 2

 

[KarenLilly]

Thanks, it's clearer now for the default.  Next steps?

You just mentioned "No" to ignoring them as I have a letter of claim...

Do I have to fill the letter of claim and send it off to avoid Court Action, or if I just start paying them a small monthly amount of £5pm would this stop them from being able to take me to court?

 

Thanks again, I do appreciate your advice, just trying to understand it

 

[dx100uk]

i cant keep saying the same things..again and again

read my posts CAREFULLY

 

[AndyOrch]

1 hour ago, KarenLilly said:

Do I have to fill the letter of claim and send it off to avoid Court Action, Yes if you wish to challenge the debt  or if I just start paying them a small monthly amount of £5pm would this stop them from being able to take me to court? Possibly buts that's your decision if you wish for it not to escalate any further.

Andy