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PRA CCA Help

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  • #31
    Re: PRA CCA Help

    [QUOTE=gwkerr;572845]
    Originally posted by nemesis45 View Post

    On noddle it shows that payments were made to the OC with DA. Which could explain? I did send £1 for cca request.
    That's exactly what has happened I suspect a common trick with some creditors, did you get any response to the CCA request?
    If you can get or have prove that a £1 statutory fee has been allocated to the account it cannot be said to affect the Limitation Act 1980 relevant 6 year period.

    nem

    Comment


    • #32
      Re: PRA CCA Help

      [QUOTE=nemesis45;572860]
      Originally posted by gwkerr View Post

      That's exactly what has happened I suspect a common trick with some creditors, did you get any response to the CCA request?
      If you can get or have prove that a £1 statutory fee has been allocated to the account it cannot be said to affect the Limitation Act 1980 relevant 6 year period.

      nem
      [MENTION=1937]nemisis[/MENTION] I did not receive anything at the time. They got in contact again a few years later and provided what Kati put up after disputing debt. Is the above enforceable?

      Comment


      • #33
        Re: PRA CCA Help

        [QUOTE=gwkerr;572871]
        Originally posted by nemesis45 View Post

        @nemisis I did not receive anything at the time. They got in contact again a few years later and provided what Kati put up after disputing debt. Is the above enforceable?
        It seems complete as far as I can see, does it have your name and address as it was when the account was opened?

        nem

        Comment


        • #34
          Re: PRA CCA Help

          [QUOTE=nemesis45;572872]
          Originally posted by gwkerr View Post
          It seems complete as far as I can see, does it have your name and address as it was when the account was opened?

          nem

          I am afraid it does :tinysmile_cry_t:.

          Comment


          • #35
            Re: PRA CCA Help

            [QUOTE=gwkerr;572890]
            Originally posted by nemesis45 View Post


            I am afraid it does :tinysmile_cry_t:.
            I looked at it again this morning I can't find anything to dispute I'm afraid perhaps [MENTION=6]Amethyst[/MENTION] made have a view on this.

            nem

            Comment


            • #36
              Re: PRA CCA Help

              A few days ago I received a letter from PRA Group for Pre Action Protocol prior to court proceedings. With them having provided all the documentation is it worth responding with letter of payment?

              Comment


              • #37
                Re: PRA CCA Help

                Originally posted by gwkerr View Post
                A few days ago I received a letter from PRA Group for Pre Action Protocol prior to court proceedings. With them having provided all the documentation is it worth responding with letter of payment?
                I've peeked back at your thread.

                There's a lot of focus on the fact you applied online. You've been sent a recon of your online application. You've been told it's enforceable.

                There's more to enforcing a debt in court then just a credit agreement.

                Did MBNA assign this debt directly to Aktiv Kapital before they were taken over by PRA? Or did MBNA assign it to Varde/Experto Credite who assigned it to AK (then PRA)?

                Do you recall getting a DN from MBNA?

                Do you recall getting a NOA from MBNA/AK (or MBNA/Varde/Exerto Credite if it went that route)? You've not said if they've sent you any NOA (recon or otherwise).

                Send a SAR to MBNA to get the full history of this account. The Transaction Log will tell you what did and didn't get sent and on what dates (if at all). You will then be able to cross-check this with any 'recons' which you are sent by PRA (and that includes the CCA sent to you).

                Does that recent letter from PRA set a deadline for response after which they will issue legal proceedings without further notice?

                Di

                Comment


                • #38
                  Re: PRA CCA Help

                  Originally posted by Diana M View Post
                  I've peeked back at your thread.

                  There's a lot of focus on the fact you applied online. You've been sent a recon of your online application. You've been told it's enforceable.

                  There's more to enforcing a debt in court then just a credit agreement.

                  Did MBNA assign this debt directly to Aktiv Kapital before they were taken over by PRA? Or did MBNA assign it to Varde/Experto Credite who assigned it to AK (then PRA)?

                  Do you recall getting a DN from MBNA?

                  Do you recall getting a NOA from MBNA/AK (or MBNA/Varde/Exerto Credite if it went that route)? You've not said if they've sent you any NOA (recon or otherwise).

                  Send a SAR to MBNA to get the full history of this account. The Transaction Log will tell you what did and didn't get sent and on what dates (if at all). You will then be able to cross-check this with any 'recons' which you are sent by PRA (and that includes the CCA sent to you).

                  Does that recent letter from PRA set a deadline for response after which they will issue legal proceedings without further notice?

                  Di
                  This debt was assigned to AK and I did receive the NOA from MBNA/AK and also from PRA

                  I did not receive a default notice from MBNA. I asked MBNA to provide a copy but they were unable to provide this information but PRA have created this.

                  I also requested MBNA to provide a copy of my pre 2007 credit agreement and default notice but they were unable to provide me with a copy instead they told me that AK will provide me a copy which I have already posted.

                  I have been set a deadline 2nd December 2016

                  I will do SAR with MBNA for further information but this will take around 6 weeks. Would a reconstituted default and agreement be enforceable for a pre 2007 debt? I am very concerned at the moment as I will struggle to pay.

                  Comment


                  • #39
                    Re: PRA CCA Help

                    Originally posted by gwkerr View Post
                    Would a reconstituted default and agreement be enforceable
                    Only if they are "honest and accurate" reconstituted documents.

                    Does the letter say that they will issue legal proceedings without further notice unless you reply to their letter by 2nd December?

                    Post up a redacted copy of the letter.

                    Di

                    Comment


                    • #40
                      Re: PRA CCA Help

                      Originally posted by Diana M View Post
                      Only if they are "honest and accurate" reconstituted documents.

                      Does the letter say that they will issue legal proceedings without further notice unless you reply to their letter by 2nd December?

                      Post up a redacted copy of the letter.

                      Di
                      Please see below
                      Last edited by gwkerr; 25th November 2016, 19:47:PM.

                      Comment


                      • #41
                        Re: PRA CCA Help

                        letter:
                        Attached Files
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #42
                          Re: PRA CCA Help

                          XXXXX
                          Last edited by gwkerr; 28th November 2016, 15:59:PM. Reason: f

                          Comment


                          • #43
                            Re: PRA CCA Help

                            Originally posted by Kati View Post
                            letter:
                            [MENTION=1937]nemisis[/MENTION]45

                            Can you assist?

                            Comment


                            • #44
                              Re: PRA CCA Help

                              tagging [MENTION=55034]nemesis45[/MENTION] xx
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment


                              • #45
                                Re: PRA CCA Help

                                It clearly states on the letter that it is a letter before claim.
                                CAVEAT LECTOR

                                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                                You and I do not see things as they are. We see things as we are.
                                Cohen, Herb


                                There is danger when a man throws his tongue into high gear before he
                                gets his brain a-going.
                                Phelps, C. C.


                                "They couldn't hit an elephant at this distance!"
                                The last words of John Sedgwick

                                Comment

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