PRA GROUP

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ianhere
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Joined: 10 Nov 2016 00:45

#1 PRA GROUP

Post by ianhere » 10 Nov 2016 00:55

IVE JUST RECEIVED A LETTER FROM THESE FOR SUM OF £1550 , THAT THEY HAVE TAKEN OVER FROM ANOTHER COMPANY , IT SEAMS THEY TOOK OVER THIS LOAN ( THAT I CANT REMEMBER) 0N THE 01/11/2015 , IVE NOT HAD OR HEARD OFF THESE BEFORE THIS WEEK, THE STATEMENT SHOWS NOTHING HAS EVER BEEN PAID OFF IT, BUT THE THING I FIND CONFUSING IS THE DATE OF THE AGREEMENT WITH THE COMPANY THEY TOOK IT FROM.
THE DATE OF THE ORIGINAL AGREEMENT IS DECEMBER 1999 IVE NOT HAD ANY CALLS OR LETTERS FROM EITHER COMPANY IN THE 17 YEARS , ANY ADVICE WOULD BE HELPFUL , NOT SURE IF I SHOULD JUST IGNORE IT OR WHAT, I DONT WANT TO CALL THEM AS THEY WILL REQUEST OR FIND MY PHONE NUMBER

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Pote Snitkin
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#2 Re: PRA GROUP

Post by Pote Snitkin » 10 Nov 2016 07:19

PRA are debt buyers and collectors, not bailiffs, so they have no powers. Send them the following:
  • I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

    Dear Sir/Madam

    Account No: xxxxxxxx

    You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

    I would point out that under the Limitation Act 1980 Section 5:

    “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

    The Financial Conduct Authority states the following rules:

    "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

    "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

    The last payment or acknowledgement of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

    I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. If you continue to pursue this debt after this email has been received, the fee schedule stated below will be charged by myself to you.


    Yours faithfully,

    xxxxx
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ianhere
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Joined: 10 Nov 2016 00:45

#3 Re: PRA GROUP

Post by ianhere » 14 Nov 2016 18:50

thanks, i thought it was six years but just thought i would ask to make sure

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Michelle
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#4 Re: PRA GROUP

Post by Michelle » 14 Nov 2016 21:02

ianhere wrote:thanks, i thought it was six years but just thought i would ask to make sure
Yes, statute barred is six years for most debts. Do bear in mind a claim can still be issued for SBd debts, although SBd is an absolute defence the claim still has to be defended to avoid a default judgment. If PRA only bought the debt last year, they probably don't even know it themselves, debts are sold in bulk with very little info.
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delta157
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#5 Re: PRA GROUP

Post by delta157 » 02 Sep 2017 14:44

There is a blog regarding the way some debt purchasers continue to issue claims regardless of the time limit.

Most are appealed and set aside or discontinued at the last moment....

The blogger is well known for the work that they do but I won't advertise the address. But if you Google the right question it's easy to find. The information is well worth reading...

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Michelle
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#6 Re: PRA GROUP

Post by Michelle » 03 Sep 2017 12:49

delta157 wrote:
02 Sep 2017 14:44
There is a blog regarding the way some debt purchasers continue to issue claims regardless of the time limit.

Most are appealed and set aside or discontinued at the last moment....

The blogger is well known for the work that they do but I won't advertise the address. But if you Google the right question it's easy to find. The information is well worth reading...
I, for one, would love to see the blog in question...

There are many issues here, first of all, debt purchasers don't have the information required to know whether a debt is SBd or not, not unless they've had it in their books for the full six years. Debts are purchased in job lots, without any paperwork, and it wouldn't be in the original creditors' best interests to provide the paperwork, would it?

It is a common misconception amongst consumers that a claim cannot be issued for a statute barred debt. They obviously think there must be a secret database lurking somewhere in the shadows, that the court system can somehow plug into and reject a claim. No idea how that would work, since claims are not verified by the court when they are issued, but then many people have a very poor understanding of how the whole system works.

The biggest problem is with default judgments, which many people only find out about years later, when they are turned down for a mortgage, or get a bailiff letter or an AoE notice. Not everyone know how to apply for set aside, or even that it can be done, and the £255 application fee, along with lack of legal knowledge, is a barrier.
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Schedule 12
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#7 Re: PRA GROUP

Post by Schedule 12 » 03 Sep 2017 13:26

Michelle wrote:
03 Sep 2017 12:49

The biggest problem is with default judgments, which many people only find out about years later, when they are turned down for a mortgage, or get a bailiff letter or an AoE notice. Not everyone know how to apply for set aside, or even that it can be done, and the £255 application fee, along with lack of legal knowledge, is a barrier.
I find it easier for clients to do an N244 without notice and only give informal notice to the bailiff company and the fee is £100. Many clients are EX160 qualified, so it's nothing. Otherwise, the application can specify to seek costs.
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delta157
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#8 Re: PRA GROUP

Post by delta157 » 03 Sep 2017 18:55

PRA are notorious for failing at Court, they often don't have the correct paperwork nor willing to do basic checks. BMW v Hart is a great case:
Our case was simple, the Creditor had failed to ensure that the Claim was issued inside limitation. The Default notice was simply a procedural step, and one that didn't stop limitation from running, and in any event the Court of Appeal in Swansea City Council v Glass gave some helpful guidance on the need for statutory notices.

Just very interesting reading, many Debt Purchasers will fail if you are prepared to do some good homework..... Especially the CONC rules and more...

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Michelle
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#9 Re: PRA GROUP

Post by Michelle » 03 Sep 2017 19:27

delta157 wrote:
03 Sep 2017 18:55
PRA are notorious for failing at Court, they often don't have the correct paperwork nor willing to do basic checks. BMW v Hart is a great case:
Our case was simple, the Creditor had failed to ensure that the Claim was issued inside limitation. The Default notice was simply a procedural step, and one that didn't stop limitation from running, and in any event the Court of Appeal in Swansea City Council v Glass gave some helpful guidance on the need for statutory notices.

Just very interesting reading, many Debt Purchasers will fail if you are prepared to do some good homework..... Especially the CONC rules and more...
I know someone who had two claims issued by PRA, one was rather large (multi-track), they lost both...
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Tony72
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Joined: 11 Sep 2016 21:13

#10 Re: PRA GROUP

Post by Tony72 » 05 Sep 2017 17:32

Schedule 12 wrote:
03 Sep 2017 13:26
Michelle wrote:
03 Sep 2017 12:49

The biggest problem is with default judgments, which many people only find out about years later, when they are turned down for a mortgage, or get a bailiff letter or an AoE notice. Not everyone know how to apply for set aside, or even that it can be done, and the £255 application fee, along with lack of legal knowledge, is a barrier.
I find it easier for clients to do an N244 without notice and only give informal notice to the bailiff company and the fee is £100. Many clients are EX160 qualified, so it's nothing. Otherwise, the application can specify to seek costs.
We are not talking about bailiffs or even CCjs here at the moment - just a letter
However in the case of set aside applications, the ones I have seen have followed procedure and had costs awarded. It is rather sad that the threshold for fee remission is rather high so many people do have to pay some if not all of the fee. It is also rather frightening to have to take on the might of big companies who talk legalese or pseudo legal speak to try and scare you.

The problem with statute barred defences are two fold
1) there is often a payment that has been made but forgotten about
2) The creditor ( and i use that in the S189 description) has somehow added a payment to the account - sometimes a CCA request fee, sometimes a genuine mistake and I hate to think of the other reason. These can often be successfully challenged though

Personally i would not send a SB letter unless you were 100% certain it was SB. The first step might be a CCA request
Of course PRA have lots of problems at the moment with assignment issues

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