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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31747
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Ive asked PRA Group ( debt reclaim) to send documents of

Customer Question

Ive asked PRA Group ( debt reclaim) to send documents of evidence of a debt which they have not sent with 12 working days, under Limitation Act and the Consumer Credit Act. I dispute the alleged debt and have asked them to take it off my credit report as it is preventing me from getting a mortgage. Not sure where to go from here.
JA: Because real estate law varies from place to place, can you tell me what location this is in?
Customer: Surrey, UK
JA: Have you contacted the seller or manufacturer?
Customer: Barclays have sold them the alleged debt, and they have said they will ask Barclays for the documents, which clearly they do not have. No I have not contacted Barclays as i stopped banking with them in 2012 and PRA have since been contacting me about what i owe them.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i asked them 12 days ago ( ending today) to comply with CCAct to send me docs, they replied couple days later to say they were contacting Barclays, but doesn't that still fall under the 12 days regardless whether they let me know or not. I have asked them to take debt off credit which they have ignored, i said it was infringement of Data protection Act. There is no evidnece of this debt and if there were it was in 2012 as that is when i stopped banking, however i do not recall this debt.
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 15 days ago.

  1. I am very sorry to read of the above. May I clarify which company precisely has registered a default against your credit file please? A debt collector would not have the right to do so and as such, I assume the default has been registered by the original credit provider?
  2. on what basis broadly do you dispute the debt is owed?

Customer: replied 15 days ago.
PRA group - registered by them I think though Barclays are mentioned in there. They say I owe them /PRA
Customer: replied 15 days ago.
I don’t acknowledge it or recall it and it was 2012 I last banked with Barclays and PRA got in contact with me years after that / it’s recorded on credit file the date oct 2017.
Expert:  Joshua replied 15 days ago.

  1. thank you. Do you even know what the debt relates to? ie is it claimed to be an overdraft, or loan for example?
  2. from what you say, the default has likely been registered by Barclays. Is that correct?
  3. Is the date of the default Oct 2017?

Customer: replied 15 days ago.
Overdraft yes. Not sure registered by Barclays I think have sold it . The date on credit report is 10/2017 but that’s 5 yrs after I had anything to do with Barclays. Sorry not clear
Expert:  Joshua replied 15 days ago.

thank you. Finally, from what you say, you ceased your relationship with Barclays in or around 2012 is that correct? In any event, can you confidently say that you have not acknowledged the alleged debt to Barclays or any third-party debt collector nor made any payments towards the alleged debt within the last six years?

Customer: replied 15 days ago.
Yez ceased relationship opened new account elsewhere. Not acknowledged or paid. It shocked me when PRA group rang out of blue to say I had a debt. It was so long after I banked with Barclays.
Customer: replied 15 days ago.
I served them notice for alleged debt docs that 12 day notice is up today
Expert:  Joshua replied 15 days ago.

thank you. From our point of view of liability of the debt, it is important that you do not acknowledge the debt nor make any payments towards the debt as I'm sure you would not in any event. This is because that if the debt has not been claimed against you in court within six years of you doing either of the above, it will become stale under the limitation act and should not be able to be claimed. If you carry out either of the above, then this will reset the 6 year clock making the debt recoverable again potentially.

there is a separate matter of the default which is determined on different grounds. When you apply for an overdraft or indeed a number of other credit products, you give permission to the lender in most cases to record entries in relation to the performance of the debt against your credit file including registering a default if you default on the credit product. As such, if you did obtain an overdraft and breach the terms-I do not suggest you did-then it is likely that the lender would have a right to register the default in question.

Expert:  Joshua replied 15 days ago.

as such, it would be necessary to write to the organisation that registered the default in order to ask them for evidence of the original debt and evidence of your agreement to allow them record entries against your credit file and finally, for evidence that you are in default of your agreement with the organisation. This can be raised in the form of a formal complaint which the bank must respond to within eight weeks.

If they are not able to evidence the above, then it follows that they must remove the default. If they can, then the course you will need to consider the evidence they provide and it may be that if they can evidence all of the above, that the default will stand there it will automatically drop off your credit file after six years.

If you are not satisfied with the response of the bank or they do not respond within eight weeks, you can escalate your complaint to the financial ombudsman for independent determination:

https://www.financial-ombudsman.org.uk/consumers/how-to-complain

Customer: replied 15 days ago.
I have asked pRa for docs which they have not sent. Credit file: no payment recorded. Default recorded oct 2017 which was 5 yes after I stopped banking with Barclays. They bought the debt and have been pursuing me lightly for another 5 years. Surely limitations act comes in?
Expert:  Joshua replied 15 days ago.

as above, the limitation act is likely to apply in respect of the debt itself but the default notice is a separate matter which would need to be resolved as discussed above

Customer: replied 15 days ago.
How can you default on a debt which doesn’t exist or is unscknowledged? What is a default other than not paying ? Not clear on terms here.
Expert:  Joshua replied 15 days ago.

it is not necessary for a debt to be acknowledged by a debtor for a default to be registered. If that were so, then very few defaults would ever be possible. Plainly it is not possible for a default to be registered against a debt that does not exist but the lender in this case would no doubt assert that the debt does exist. As above, the way in which you go about challenging a default is precisely as you suggest to put the creditor to proof on the above points one of which is to show that the debt was properly incurred by you in the first place. If it was not, then through the above dispute process, the default will have to be removed and if it is referred to the ombudsman, you can also claim compensation for loss and inconvenience if you are able to show the default should not have been registered

Customer: replied 15 days ago.
Teaching now! Thanks for your time and advice.
Expert:  Joshua replied 15 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 15 days ago.
Ok thanks
Expert:  Joshua replied 15 days ago.
I'm glad the above was of some assitance.
Expert:  Joshua replied 15 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.