Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

by Shinybee Fri Jun 25, 2021 2:58 pm

Hi,
I have recently received LOC from PRA that assigned the alleged cc debt in December 2020. The account was originally defaulted in 2016 and i sent BOS three letters and Moorcroft got involved to which i sent 3 letters. Since, various dcc have been involved. I ceased sending three letters after a while and just ignored until now have this LoC from PRA.

Its been a few years since being more clued on what to do,(even forgot my old user name so had to re register) so I'm bit rusty on what to do and trying to get myself up to speed on which procedure to take now

my intention is to ;

1) send out a SAR to BoS
2) return pre-action form with my attached requirements

Is that correct for now?

by **Mrblue2015** Fri Jun 25, 2021 3:09 pm

Hi and welcome. Yes, 1) and 2) are correct. Give me a few mins and I shall post very clear instructions as to how to respond to a LoC Smile

by **Mrblue2015** Fri Jun 25, 2021 3:21 pm

HERE FOLLOWS HOW TO RESPOND TO A LETTER OF CLAIM

You must reply within 30 days from the date shown in the Letter of Claim.

You must follow ALL 4 steps below and NEVER use / refer to the word "debt" when you write to them:

1. Filling out the 'Reply Form':
From the 'Reply Form' that accompanies their 'Letter of Claim' form, under 'SECTION 4' tick BOX I 'I need more documents or information'. Where BOX I goes on to say "I need a copy of" enter the following text that I have highlighted in bold:

As per the Practice Direction Pre-Action Conduct Protocol, please find enclosed TWO letters:
a) A formal demand for you to supply a true copy of any original, signed agreement along with a copy of the original Terms and Conditions upon inception of the agreement, as well as any subsequent changes.
b) A Request for Information demanding that you provide specific, additional documents in order to evidence your claim.

(DO NOT fill in any income and expenditure form if they also supply one of these. Find your nearest bin...)

2. Letters a) and b) - the 'enclosed letters'

For letter a) write a headed etc letter (i.e. your address / the date / the solicitor's address) and state the following text that I have highlighted in bold:

This is an official demand for you to supply a true copy of any original, signed agreement along with a copy of the original Terms and Conditions upon inception of the agreement, as well as any subsequent changes, to be provided to me within SEVEN days of the date of this letter AND NO LATER. A fee is no longer required as per the DPA 2018 / the EU GDPR.

For Letter b) again write a headed etc letter and state the following in bold:

This an official demand requiring you to supply me with true, legible copies of ALL of the following documents in order for your client to evidence their claim. To be provided to me within forty days of the date of this letter and no later: -

i) Any Default Notice served
ii) Any Notice of Assignment served
iii) Any Statements of account showing how exactly the alleged sums have become due
iv) The Termination Notice
v) The Sale Agreement / Deed of Assignment evidencing your clients title to bring a claim

3. Now photocopy all of your above letters/forms
i.e. the completed 'Reply Form' and your two enclosed letters a) and b). These copies are for YOU to keep.

4. Send an A5 or A4 envelope containing the 'Reply Form' you have now completed and your two letters
Post using the Royal Mail Signed For delivery. Or better still, using their tracked service, ensuring the envelope gets to the solicitor BEFORE the 30 day deadline. I recommend you send off your envelope with one week to go at the very latest (don't risk leaving it too late!).

If you do NOT carry out the instructions above - and in time - they will likely issue a claim and then it gets harder (but not impossible) to fight...

by **Mrblue2015** Fri Jun 25, 2021 3:25 pm

Also and as soon as you completed the above.

Please now answer the following questions as concisely and clearly as you can, making sure it is clear which number your answer goes against. If we do not understand your answers, it is unlikely we will be able to help you, as we are sure you will agree.

(These are standard questions, so apologies if you have already answered but please do answer again below)

1) How much is the alleged debt for? Please do not state the exact amount and only round UP to the nearest £1K to protect your identity)
Enter your answer HERE:

2) What type of account is the alleged debt for? loan, credit card, overdraft etc?
Enter your answer HERE:

3) What is the name of the Debt Purchaser ('DP') or Debt Collection Agent ('DCA') who is writing to you?
DP: Either the Original Creditor ('OC' e.g. a bank) or the DP would have told you something along the lines of "<name of OC> has sold your account to <name of DP>" OR "name of DP> have bought your account from <name of OC>". This would confirm that you are dealing with a DP.
OR
DCA: Usually a DP or even an OC will say something along the lines of "<name of DCA> will be acting on our behalf / please direct your correspondence to <name of DCA>". This will help you determine if you are currently dealing with a DCA rather than a DP.

Enter your answer HERE

4) List ALL documents (if any) that you have ever received from the claimant (i.e. the DP or DCA) that they say evidences their claim.
Enter your answer HERE:

5) Once the alleged debt defaulted (i.e. when you received a Default Notice from the credit card or loan provider) have you EVER made a payment for as little as a penny since?
Enter your answer HERE:

6) Have you ever, in writing, acknowledged that the (alleged) debt exists / that you owe a debt?
Enter your answer HERE:

7) On what date was the (ORIGINAL) Default Notice issued? ONLY state the month and year NOT the DAY. If you don't have this information, check a credit reference agency e.g. Clear Score (which is free) and locate the account against either the OC or Debt Purchaser and on there you'll find the 'Default End Date' e.g. January 2019.
Enter your answer HERE:

by Shinybee Fri Jun 25, 2021 4:19 pm

Thank you Mrblue for such prompt and precise reply. Much appreciated. I will get to task.

by **Mrblue2015** Fri Jun 25, 2021 4:40 pm

You’re welcome Shinybee, keep us posted.

by Shinybee Sat Jun 26, 2021 12:45 am

1) How much is the alleged debt for? Please do not state the exact amount and only round UP to the nearest £1K to protect your identity)
Enter your answer HERE: £5k

2) What type of account is the alleged debt for? loan, credit card, overdraft etc?
Enter your answer HERE: CC

3) What is the name of the Debt Purchaser ('DP') or Debt Collection Agent ('DCA') who is writing to you?
DP: Either the Original Creditor ('OC' e.g. a bank) or the DP would have told you something along the lines of "<name of OC> has sold your account to <name of DP>" OR "name of DP> have bought your account from <name of OC>". This would confirm that you are dealing with a DP.
OR
DCA: Usually a DP or even an OC will say something along the lines of "<name of DCA> will be acting on our behalf / please direct your correspondence to <name of DCA>". This will help you determine if you are currently dealing with a DCA rather than a DP.

Enter your answer HERE: PRA Group(UK) Ltd. DP

4) List ALL documents (if any) that you have ever received from the claimant (i.e. the DP or DCA) that they say evidences their claim.
Enter your answer HERE: NONE

5) Once the alleged debt defaulted (i.e. when you received a Default Notice from the credit card or loan provider) have you EVER made a payment for as little as a penny since?
Enter your answer HERE: NO

6) Have you ever, in writing, acknowledged that the (alleged) debt exists / that you owe a debt?
Enter your answer HERE: NO

7) On what date was the (ORIGINAL) Default Notice issued? ONLY state the month and year NOT the DAY. If you don't have this information, check a credit reference agency e.g. Clear Score (which is free) and locate the account against either the OC or Debt Purchaser and on there you'll find the 'Default End Date' e.g. January 2019.
Enter your answer HERE: April 2016

by **Mrblue2015** Sat Jun 26, 2021 6:49 am

Good morning Shinybee,

Thank you for your answers. Let’s now see what PRA come back with. Going by your answers above, it doesn’t seem like they have a leg to stand on without having provided any documents (evidence) thus far.

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Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

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Re: Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

Re: Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

Re: Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

Re: Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

Re: Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

Re: Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland

Re: Letter of Claim from PRA re. alleged £4.5k cc debt with Bank of Scotland