PRA Group - Letter Of Claim - Halifax Loan £20k+

[shakeyshark]

Hello everyone,

 

I've been an avid reader of this forum for the past year and think after reading an abundance of information,  I'm finally at the stage to ask a few questions.

 

Thankyou in advance for any advise and support.

 

Just to summarise:

I defaulted on a Halifax unsecured loan in January 2019, never really heard anything until the last 6 months when started getting letters from PRA Group.

I just ignored them until they sent a letter of claim back in March, I promptly responded back with a CCA request and have today received their response.

They have provided a copy of the CCA agreement, but not of any of the statements or payments made, even though they state this in their letter.

If you could also look at page 11 "under next steps" I believe these are internal notes of the claim handler that he's accidently printed and posted to me,  as it doesn't make sense why this would be here.

Also page 12 and 13 were sent to me printed like that, ive tried to decipher what was written, I believe its just generic debt charity advise.

 

I'd like to know what my next move is now, do I just wait for an actual court summons or respond saying they haven't provided all the information requested?

 

Many thanks

Halifax loan - pra group 11_7_23edited-compressed.pdf

[HaroldLloyd]

Hi, I've no advice to offer unfortunately, but I'm in a similar position with Halifax myself.

So will be watching this thread if you don't mind.

If I hear anything which might help you too, I'll post here. 

 

[dx100uk]

the bank DD is NOT proof of you signing the agreement. cant see a sig, was this an online application?

why did you cease payment to halifax and did you contact them at the time of problems?

for a loan of that size at that date, it's very rare for an OC to sell it on...unless there is something wrong with it's enforceability....

 

[Bazooka Boo]

I would say IMHO that what you have there doesn't satisfy your CCA request, all you have there are the T&C's and not the actual agreement.

As DX says, where's the signatures or tick boxes if it was taken out online?

Is that definitely everything they sent you?

Go radio silence if it is.

[shakeyshark]

Hello Harold, Dx and Bazooka,

Thankyou for taking the time to post.

 

I believe the loan was taken out online via their app

I stopped paying the loan as my business wasn't making enough money to cover the repayments and my mortgage. Foolishly I buried my head in the sand and didn't make contact with them.

 

I have just double checked the uploaded document I attached on the first post. The signed agreement was on the back of a page so my scanner didn't pick it up. Please find it attached to this post.

halifax loan signed edited.pdf

[HaroldLloyd]

It's pretty much all done online now. I know mine was. They had a box for me to tick saying "electronic signature", so I imagine that covers them in proving I have "signed" and accepted their T&Cs.

 

[dx100uk]

your sig does not blindly accept T&C's as being enforceable, else how were £100m's in bank charges and £B's in PPI ever reclaimed...?

its solely for the execution of the agreement under the Consumer Credit Act rules each of the parties must abide by.

dx

 

[dx100uk]

@shakeyshark

that is a physical signature or your typed name?

 

[shakeyshark]

@dx100uk

It appears to be a physical signature, it was from 2018 and i thought id done it online, perhaps they sent it through the post for me to sign.

 

What would you advise my next move to be?

[dx100uk]

yours is not the next moved.

can you expand a bit about this and it being for your business?

were you a ltd co or sole trader? were halifax aware it was for business purposes?

im trying to workout why HBOS sols this on as its very large, they could have easily crushed you in court themselves rather than sell it on for 10p=£1.

dx

 

[shakeyshark]

I was employed when I initially took the loan, circa 6 months later I left my job and started a business venture. A few months into this is when the financial troubles started and I stopped paying the loan.

 

From what I can recall I would have stated to them the loan for was home improvements/car purchase neither of which is true.

 

Hope this helps.

[dx100uk]

ok so forget any business links

std pers loan.

23 hours ago, dx100uk said:

yours is not the next moved.

im trying to workout why HBOS sols this on as its very large, they could have easily crushed you in court themselves rather than sell it on for 10p=£1.

dx

weird.

 

dx

 

[shakeyshark]

Hello all,

 

Just to give an update, ive had a letter from PRA Group today, saying they are taking my account off hold.

I assume now is when they'll make their next move. The ball is in their court so to speak.

 

[shakeyshark]

*update*
 

Received a letter today from PRA Group, stating they are looking to start court proceedings in the next 15 days, as per their pre actual protocol.

 

I have attached the letter to this email. Any advise on what to do would be greatly appreciated.

 

Thank you in advance.

PRA.pdf

[dx100uk]

On 13/07/2023 at 14:32, dx100uk said:

yours is not the next move