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.

@shakeyshark

that is a physical signature or your typed name?

 

[shakeyshark]

 

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 sold 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.

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

yours is not the next moved.

im trying to workout why HBOS sold 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

 

[FTMDave]

Open.

We too hate it when people don't finish off the story!

Thanks for coming back.

[shakeyshark]

Hello everyone,

Just wanted to post an update on my story.

the 15 days PRA group gave me to settle have long been and gone and still as of yet no court action has been started. It will be 6 years since default in January 2025, I'm still keeping my fingers and toes crossed I can get there!

Just a question, do they have to start the court proceedings before 6 years of default, or does the case need to get to court in front of a judge before that time.

For instance if they issued proceeds in a few months time but I kept stalling them till after January would it then be unenforceable?

Thankyou in advance for any advice or guidance

[AndyOrch]

3 minutes ago, shakeyshark said:

do they have to start the court proceedings before 6 years of default

yes if after then the debt is statute barred

[dx100uk]

once a claimform is issued it halts the sb clock , you cant stall them once one is issued.

until/unless they lose the claim or it's discontinued, then the clock resumes as if it never stopped.

[shakeyshark]

Thankyou for your prompt responses.

I guess I'm still just playing the waiting game to see what their next move is.

I'd imagine now is when they will start ramping up the pressure, the last thing id want now is a ccj and then another 6 years of waiting for it to get removed.

I will of course keep updating the story as it progresses.

Thankyou for reading and your contributions!

[shakeyshark]

Hello everyone,

As expected I have received some letters from PRA Group, not sure if they read these forums but received my first letter a week after my post! 

The first letter I received stated:

PRA Group (UK) Limited recently transferred your accounts to PRA Group UK Portfolios Ltd.

There is no change to how you normally talk to us, your accounts will continue to be managed by PRA Group (UK) Limited, but the benefits, rights, title and interest in these accounts are now owned by PRA Group UK Portfolios Ltd.

I then a couple of days after received another letter before claim.

I will of course send off the PAP request along with a CCA request. I just find it unusual that they have sent another one. Is this normal? Any advice would be great.

Please find attached their letter.

Many thanks in advance for any advice 

 

 

2024-02-01 PRA Letter of claim.pdf

Edited February 26 by Nicky Boy
PDF redacted properly. Original redactions could be "moved"

[dx100uk]

they've sent it because they've shuffled your debt to their new UK wing.

nothing nasty.

dx

[shakeyshark]

Hello everyone,

I have today received a response from PRA group in regards to my PAP and CCA request.

I only sent it off to them on 28th Feb and their letter is dated 4th March.

They unfortunately seem to be a lot more on the ball this time. 

I have attached the correspondence here and believe they have complied with everything that was required.

From checking the statement the last payment made was in August 2018, am I right in assuming the debt is statue barred from August 2024?

I'm getting a bit nervous/anxious now as were so close to the debt coming off my file, the last thing I want is to get a CCJ and have bad credit for another 6 years.

Any advice as always is much appreciated.

Many thanks

 

2024-03-04 PRA PAPLOC REPLY.pdf

[dx100uk]

well they've been going on about this for almost a year now and still not gone nuclear..

it takes a good few months for most DCA's to contact their sols and ask them to raise a claim thru northants bulk robo court, and that court process alone is not very quick at all as they are going thru major changes at present.

we are currently only just seeing stuff from last December being processed so...

bottom line is

IF they ever get the DN and send it to you....

IF they do manage to raise a court claim in time

IF they could poss win in court ....

....is a whole other matter.

which we will deal with and carefully analyse at the appropriate time 

should the very very worst happen, you could always do a tomlin order for a very small £pcm and that would prevent any CJJ 

let it run.

please be careful with you uploads

lots in the PDF was unredacted. only use JPG page picture to do the redacting not a PDF editor as i could remove everything you'd done

dx

 

[shakeyshark]

Hey Dx,

Thankyou for your speedy reply and thankyou for editing my upload!

I feel a lot more at ease now from your response.

I am a little confused from PRA Groups response as at the bottom of page one it says:

"I am currently waiting on Halifax confirming if a copy of the Default Notice letter is available.

The Halifax has provided a copy of their electronic reacted copy of the "screen shot" from their systems which shows that the Default Notice was sent to the you on 6 November 2018 and the Final Demand was sent to you on 26 November 2018.

…Based on the above information and documentation, I am satisfied that you remain liable for this account and balance owed."

They have then put the account on hold until 18th March.

Do I want to be responding to them asking for the default notice? Or do I just do nothing now and wait?

Can they issue court proceedings without a copy of the Default notice? Will their screenshot suffice?  

Once again thanks for all your help and support.

SS

[dx100uk]

they know full well without producing a copy of the DN  or proof one was sent they dont have a claim.

no harm in you reading up upon how important a DN is to a court claim

default notice claimform

use our enhance google searchbox