PRA Group

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slartibartfast
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Joined: 23 Oct 2017 13:16

#1 PRA Group

Post by slartibartfast » 23 Oct 2017 14:18

Hi, I'm new here, being hassled by PRA Group, I'm at my wits ends and I only hope I'm posting this in the right place?

I have recently received a letter, a 'notice of issue of warrant of control', from a local court, stating PRA Group as the creditor and myself as the debtor. The letter claims that I owe PRA Group £14,655.63!!

Now, this came as quite a shock as I've no debt, no credit cards, nothing on finance and I've been this way since 2007. Back in March 2007, I borrowed £25,000 from my parents (I spent seven years paying them back) and paid off my three credit cards, Goldfish, Barclaycard and MBNA. The cards, now with £0 on all three, were promptly cut up, disposed of and, as I've said, I've been debt free ever since. You can imagine my shock then on receipt of warrant of control letter?

At first, I thought it was a scam. I looked up PRA Group on google and eventually found my way to this forum. Just to reassure myself that I was simply being pestered by a firm of chancers, I looked up the enquiry line number of my local court, via google, phoned them and quoted them my case number. Their advisor explained to my horror that this warrant was in fact genuine and MBNA were the original creditors and that an original debt of £13,775 had now risen to £14.655.63! I phoned MBNA, went through all the security checks and they confirmed that my bank statements from 2007 were correct and that I'd paid £13,650 off my credit card in March 2007, making the balance total zero and the card has never been used since. I was very relieved and asked for that confirmation in writing. At this point I was transferred to another department. The operator there said that while she could confirm all of the above and that I did not owe MBNA a penny, 'the debt', some £11,327.48, was sold to Experto Credite in September 2010, then to Activ Capital and subsequently to PRA Group. I asked, quite simply, how does a balance of zero in 2007 become a debt of £11,327.48 in 2010 on a card/account that was never used after the balance was cleared in full? Her response was, "I've no idea, our archive screen don't allow us such specific detail checks. I suggest you take this up with PRA Group in person." And that is where I find myself today!

In short, I paid off an MBNA card in 2007, destroyed it and never used it again. In 2010, MBNA, for some reason that nobody at MBNA could explain, sold a debt of £11327.48 from that card/account to a debt collecting firm. I do not owe this money. Are the bailiffs legally allowed to enter my property and remove goods, vehicles, etc, to cover the cost of this warrant even though I'm in possession of statements from 2007 (bank statements only) that clarify that I paid this debt off in full?

If there is anyone out there who could advise me, I'd be very, very grateful?

Many thanks,

K

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Amy
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#2 Re: PRA Group

Post by Amy » 23 Oct 2017 14:49

slartibartfast wrote:
23 Oct 2017 14:18
In short, I paid off an MBNA card in 2007, destroyed it and never used it again. In 2010, MBNA, for some reason that nobody at MBNA could explain, sold a debt of £11327.48 from that card/account to a debt collecting firm. I do not owe this money. Are the bailiffs legally allowed to enter my property and remove goods, vehicles, etc, to cover the cost of this warrant even though I'm in possession of statements from 2007 (bank statements only) that clarify that I paid this debt off in full?

If there is anyone out there who could advise me, I'd be very, very grateful?

Many thanks,

K
Of course they are not allowed to enter your property for a debt you do not owe, that would be madness.

If I were you, I would be writing formally to both MBNA and PRA Group. The letter to MBNA should insist that they confirm back to you and in writing that there has been a massive error here and that they will inform PRA Group (in writing) to stop contacting you at once since there is no debt to repay.

While this is upsetting, it is clearly just an administrative error, but MBNA need to apologise.

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Michelle
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#3 Re: PRA Group

Post by Michelle » 23 Oct 2017 14:56

slartibartfast wrote:
23 Oct 2017 14:18
Hi, I'm new here, being hassled by PRA Group, I'm at my wits ends and I only hope I'm posting this in the right place?

I have recently received a letter, a 'notice of issue of warrant of control', from a local court, stating PRA Group as the creditor and myself as the debtor. The letter claims that I owe PRA Group £14,655.63!!
In order to obtain a warrant of control, PRA Group would have to have a judgment against you. You say the notice was from the court, that means it wasn't just an attempt to mislead you into thinking there was a judgment. Looks like MBNA sold your account to PRA Group and they issued a claim that you either didn't receive, or didn't respond to, and they obtained a default judgment.
slartibartfast wrote:
23 Oct 2017 14:18
At first, I thought it was a scam. I looked up PRA Group on google and eventually found my way to this forum. Just to reassure myself that I was simply being pestered by a firm of chancers, I looked up the enquiry line number of my local court, via google, phoned them and quoted them my case number. Their advisor explained to my horror that this warrant was in fact genuine and MBNA were the original creditors and that an original debt of £13,775 had now risen to £14.655.63! I phoned MBNA, went through all the security checks and they confirmed that my bank statements from 2007 were correct and that I'd paid £13,650 off my credit card in March 2007, making the balance total zero and the card has never been used since. I was very relieved and asked for that confirmation in writing. At this point I was transferred to another department. The operator there said that while she could confirm all of the above and that I did not owe MBNA a penny, 'the debt', some £11,327.48, was sold to Experto Credite in September 2010, then to Activ Capital and subsequently to PRA Group. I asked, quite simply, how does a balance of zero in 2007 become a debt of £11,327.48 in 2010 on a card/account that was never used after the balance was cleared in full? Her response was, "I've no idea, our archive screen don't allow us such specific detail checks. I suggest you take this up with PRA Group in person." And that is where I find myself today!

In short, I paid off an MBNA card in 2007, destroyed it and never used it again. In 2010, MBNA, for some reason that nobody at MBNA could explain, sold a debt of £11327.48 from that card/account to a debt collecting firm. I do not owe this money. Are the bailiffs legally allowed to enter my property and remove goods, vehicles, etc, to cover the cost of this warrant even though I'm in possession of statements from 2007 (bank statements only) that clarify that I paid this debt off in full?
You need to apply to get the judgment set aside, on the grounds you set out above.
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.

Knowledge is Power.

slartibartfast
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Joined: 23 Oct 2017 13:16

#4 Re: PRA Group

Post by slartibartfast » 23 Oct 2017 16:06

Thank you for your responses. Can I also ask, if statute barred (I think I've got that right?) applies to my problem? I was wondering if the actual age of the alleged debt would have an bearing on its validity??

K

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Schedule 12
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#5 Re: PRA Group

Post by Schedule 12 » 23 Oct 2017 18:39

6 years. Section 24 of the Limitation Act 1980.

If no judgment, then its section 2 of the Limitation Act 1980.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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Michelle
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#6 Re: PRA Group

Post by Michelle » 23 Oct 2017 20:56

slartibartfast wrote:
23 Oct 2017 16:06
Thank you for your responses. Can I also ask, if statute barred (I think I've got that right?) applies to my problem? I was wondering if the actual age of the alleged debt would have an bearing on its validity??

K
Yes, statute barred is an absolute defence if there have been more than six years without a payment or written acknowledgment of the debt, however, the Limitation Act only applies to debts that do exist, if the debt was paid off, then that would be your first argument. In your defence, you could say that it was your understanding that the debt had been paid off in full, and, had there been any balance left outstanding, it would now be statute barred.

See attached documents for a set aside application:
N244SetAsideApplication.doc
DraftSetAsideOrder.docx
WSSetAside.docx
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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.

Knowledge is Power.

slartibartfast
Posts: 3
Joined: 23 Oct 2017 13:16

#7 Re: PRA Group

Post by slartibartfast » 24 Oct 2017 18:35

Once again, thanks for all the help/advice/docs.

To clarify, my understand of my situation according to your advice is, I'm in the clear, right? My original debt to MBNA was paid off in 2007, balance zero, verbally confirmed by MBNA. Any other, subsequent debt (from a card that was destroyed and confirmed by MBNA as never used again???) whether real or existing would be over ten years old, I've never be notified of it (until PRA group began bullying me some weeks ago) and I've never acknowledged it. But, if it exists, it is now statute barred, right?

So, in short, I've nothing to worry about hopefully? God, I hope I've got this right?

K.

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Michelle
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#8 Re: PRA Group

Post by Michelle » 24 Oct 2017 20:09

You need to submit your application and use those points in your witness statement and attach a draft defence. A hearing will be scheduled.
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.

Knowledge is Power.

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