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Good bye Debt - Hooker Acc's

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  • #31
    Capital one do not play fair, they even phoned my workplace, however their "agreement" turned out to be unenforceable and has now gone away, statute barred. But Cap1 & Barclaycard were Bar Stewards to deal with, hold your nerve you will come out fine.

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    • #32
      Latest update just posted in B'card thread ..
      1. 27/11/18 - Letter from Barclaycard - No longer hold a copy of the executed agreement BUT Regulation 9 of CNC Reg's confirms that for acc's opened before 1985 ( as mine) the copy agreement may comprise an easily legible statement of current terms.......... Due to the current status of your account the full outstanding balance is due.
      2. PRA Group letter 29th November 2018 - Encloses the B'card letter 27/11/18. We are awaiting further documents & currently deem your debt unenforceable . Please be advised that debt is not written off & we are legally entitled to ...Contact you and ask that you pay ... Pass details on to 3rd part collection agency ... Continue to report account to credit reference bureaux.

      Mixed messages ??

      ​​​​​​​H

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      • #33
        Updates added to Mint account & 3 x MBNA accounts following correspondence received

        Happy new year

        H

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        • #34
          Good news from Cabot -keep that letter

          Have you had cca responses for the MBNA accounts?

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          • #35
            Nothing from MBNA ... summary of correspondence as follows ..
            1. SAR letter sent to GP - 15/10/2018
            2. Email response from GP - 03/11/2018 including summary of debt ie Owner , balance & reference
            3. Email to GP 03/11/2018 - SAR letter attached and request for release of all information held
            4. 77-79 CCA letter sent 6/11/18
            5. 12/11/18 - Letter from Link confirming Gregory Pennington not acting any more. Please contact us to discuss future repayments .
            6. 16/11/18 - Letter from Link advising account due for an affordability review . Three options to proceed & number for assistance. Assume I ignore
            7. 26/11/18 - Letter from Link - monthly payment overdue . If not paid immediately plan will be cancelled (!) and full outstanding balance due
            8. 17-12-18 Letter advising I am due for affordability review. If we don't hear from you we will continue with repayment plan set up with DMP
            9. 08/01/2019 Letter from Link.. " You have failed to make regular payments in accordance with agreed schedule ( with DAL ) ... and we have cancelled the agreement. Please contact us to discuss

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            • #36
              Well st the moment I would ignore. If something more serious arrives send a dispute letter as in, this is in dispute because of non compliance with s77-79 request

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              • #37
                Things had gone quiet from all of my lenders until yesterday when I received a two page letter from PRA which I am not confident in responding to without advice..

                Basically they are confirming that they sent me 2 letters which contradicted each other in that one said my account was unenforceable and the other providing terms & conditions from BCard demonstrating it was enforceable sighting the fact that the agreement is pre 1985 and they do not have to send a copy of the original agreement etc

                In the past I have been pointed to an 'admin' person who will receive and review documents but I cannot find that message.

                Help ...I would appreciate someone reviewing my letter or point me in the right direction please.

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                • #38
                  webmaster@all-about-debt.co.uk if asked to send a document it is up to you to send it or not = but ignore as time could be fatal

                  example a CCA for checking ,
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #39
                    Originally posted by Hooker View Post
                    Barclaycard Credit Card ****099
                    • Date commenced - 22/07/1981
                    • Approx balance at default - £16,429
                    • Default - 13/06/2015
                    • DMP commenced with Debt Advisory Line 01/08/2015
                    • DMP transferred to Gregory Pennington ( DAL take over) December 2017
                    • Last payment to GP - September 2018
                    • Account owner - PRA Group (UK) Ltd
                    • Balance - £11,594
                    • Status - Default

                    CORRESPONDENCE
                    1. SAR letter sent to GP - 15/10/2018
                    2. Email response from GP - 03/11/2018 including summary of debt ie Owner , balance & reference
                    3. Email to GP 03/11/2018 - SAR letter attached and request for release of all information held
                    4. 77-79 CCA letter sent 6/11/18
                    5. 09/11/2018 Letter from PRA advising they have requested information & put account on hold.
                    6. 27/11/18 - Letter from Barclaycard - No longer hold a copy of the executed agreement BUT Regulation 9 of CNC Reg's confirms that for acc's opened before 1985 ( as mine) the copy agreement may comprise an easily legible statement of current terms.......... Due to the current status of your account the full outstanding balance is due.
                    7. PRA Group letter 29th November 2018 - Encloses the B'card letter 27/11/18. We are awaiting further documents & currently deem your debt unenforceable . Please be advised that debt is not written off & we are legally entitled to ...Contact you and ask that you pay ... Pass details on to 3rd part collection agency ... Continue to report account to credit reference bureaux.
                    8. 11/01/19 PRA letter - ' We are currently awaiting further information to enable us to resolve the dispute ......
                    9. 21/02/2019 - Letter from PRA - Apologising that two letters had be sent , one saying account was unenforceable & the other providing copy of updated terms & conditions which demonstrate account is enforceable. Also states that as the agreement is pre 1985 the creditor does not have to send copy of agreement and terms .
                    What do I do now


                    I don't think you need to do anything.

                    PRA have sent you a letter which appears to be an explanation of why they originally said the debt was unenforceable (presumably while they waited for documents from Barclaycard) and then said it was enforceable later (when they received documentation from Barclaycard).

                    It doesn't really matter what they think, the only thing that matters is what a court would make of their evidence if things ever got that far.

                    Section 77-79 CCA is for 'information' purposes not 'proof' purposes. A debt owner can send you 'something' in response to your CCA Request but whether that 'something' complies with other sections of the Consumer Credit Act is a different matter entirely.

                    PRA are litigious. If they intend to issue a claim they will. However under Pre-Action Protocol they should first send you a Letter Before Claim which gives you 30 days to respond. If they send you one of those then post on your thread for suggestions on what to do, or not do.

                    Just because PRA have sent you a letter that doesn't mean you have to reply. Not every letter needs or deserves a response

                    The important thing is not to engage in correspondence that could harm your legal position especially if it helps them to correct any flaws in their argument - and then they issue a claim when they've got all their ducks in a row.

                    If you've been sent documents in response to your CCA Request you can email them to Niddy for his opinion on whether they are unenforceable using webmaster@all-about-debt.co.uk

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at
                    Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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                    • #40
                      Thank you both . I will send to Niddy for review

                      Regards

                      H

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                      • #41
                        Just to try and help so donít take this as meaning PRA will do anything.

                        If they do issue a claim , the case could be taken by a solicitor such as Joanna Connolly (who Diana works for) on a conditional fee arrangement . This is often called no win no fee and if you did win, PRA would have to pay costs. Certainly worth talking to Di if they send a Letter if claim

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                        • #42
                          Originally posted by Hooker View Post
                          Things had gone quiet from all of my lenders until yesterday when I received a two page letter from PRA which I am not confident in responding to without advice.

                          Has there been total silence from all the current owners of these debts since February ?

                          Di
                          Legal Disclaimer

                          I am a Litigation Executive at
                          Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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