Good bye Debt - Hooker Acc's

[Hooker]

? MBNA Credit Card ****424

• Date commenced - 02/08/2007
• Approx balance at default - £10,500
• Default - 31/01/2013
• DMP commenced with Debt Advisory Line 01/04/2013
• DMP transferred to Gregory Pennington ( DAL take over) December 2017
• Last payment to GP - September 2018
• Account owner - Link Financial Outsourcing Ltd
• Balance - £6,235
• 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. 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
10. 05/04/2019 Statement of Account - Current balance £6,142.02 . Shows £1 Recoverable charge of £1 & Credit of £1 ..
11. 28/08/2019 Letter from Link enclosing documents reference Sect 77/78 request. The . States accounts are enforceable and requests monthly payment plan agreed. Appears not to be any signed docs
12. 04/10/2019 Ditto . No £1 charges
13. 13/01/2020 Letter ..."We would like to contact you to confirm your intentions regarding outstanding balance .."
14. Regular phone calls & messages
15. 20/01/2020 Called them back & mentioned paying 40% of debt & they confirmed amounts outstanding as above in email after

[Hooker]

MBNA Credit Card ****423

• Date commenced - 23/01/2006
• Approx balance at default - £9,379
• Default - 31/01/2013
• DMP commenced with Debt Advisory Line 01/04/2013
• DMP transferred to Gregory Pennington ( DAL take over) December 2017
• Last payment to GP - September 2018
• Account owner - Link Financial Outsourcing Ltd
• Balance - £5,573
• 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. 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
10. 05/04/2019 Statement of Account - Current balance £5,489.16 . Shows £1 Recoverable charge of £1 & Credit of £1 ..
11. 28/08/2019 Letter from Link enclosing documents reference Sect 77/78 request. The . States accounts are enforceable and requests monthly payment plan agreed. Appears not to be any signed docs
12. 04/10/2019 Ditto . No £1 charges
13. 13/01/2020 Letter ..."We would like to contact you to confirm your intentions regarding outstanding balance .."
14. Regular phone calls & messages
15. 20/01/2020 Called them back & mentioned paying 40% of debt & they confirmed amounts outstanding as above in email after

[Hooker]

MBNA Credit Card ****817

• Date commenced - 07/07/2004
• Approx balance at default - £11,499
• Default - 30/11/2012
• DMP commenced with Debt Advisory Line 01/04/2013
• DMP transferred to Gregory Pennington ( DAL take over) December 2017
• Last payment to GP - September 2018
• Account owner - Link Financial Outsourcing Ltd
• Balance - £6,832
• 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. 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
10. 05/04/2019 Statement of Account - Current balance £6729.05 . Shows £1 Recoverable charge of £1 & Credit of £1 ..
11. 28/08/2019 Letter from Link enclosing documents reference Sect 77/78 request. The . States accounts are enforceable and requests monthly payment plan agreed. Appears not to be any signed docs
12. 04/10/2019 Ditto . No £1 charges
13. 13/01/2020 Letter ..."We would like to contact you to confirm your intentions regarding outstanding balance .."
14. Regular phone calls & messages
15. 20/01/2020 Called them back & mentioned paying 40% of debt & they confirmed amounts outstanding as above in email after

[Hooker]

Capital One (Europe) Ltd Credit Card ****770

• Date commenced - 16/02/2005
• Approx balance at default - £11,344
• Default - 22/01/2013
• DMP commenced with Debt Advisory Line 01/04/2013
• DMP transferred to Gregory Pennington ( DAL take over) December 2017
• Last payment to GP - September 2018
• Account owner - Capital One (Europe) Ltd
• Balance - £6,764
• 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. 13/11/2018 - Letter from Cap' One - "Thank you for telling us about your financial situation " ..." We can help get you on track with one of our payment plans..". " Please return completed form". Assume I ignore ?
6. 20-11-18 Letter from Capital enclosing ' reconstituted copy' of original agreement & scanned copy of signed page .Statement that my agreement is enforceable & that it will be treated as such . Account is in default.
7. 02-12-18 - Advice from Niddy following review of Cap' 1 document - "Looks UE to me. Just some random terms. Should be easy enough to find more faults on this"
8. 14-12-2018 Letter - ' As you have been issued previously with a default etc etc . It is important you a0 contact us , b) pay balance , c)contact independent
9. 27/08/2019 - Letter advising account sold to Lowell Portfolio ltd
10. 27/8/2019 Letter from Lowell advising debt amount £6662.21

[Hooker]

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
10. 19//09/2019 Account summary £10,805.78 owed
11. 25/10/2019 Letter " Could you settle account if one-off discount offered . Pay £9725.20 to settle
12. 28/11/2019 Ditto

[Hooker]

Nat West Credit Card ****086

• Date commenced - 11/12/2007
• Approx balance at default - £1,791
• Default - 25/02/2013
• DMP commenced with Debt Advisory Line ??? 2013
• DMP transferred to Gregory Pennington ( DAL take over) December 2017
• Last payment to GP - September 2018
• Account owner - Westcot Credit Services Ltd / Cabot Credit Management Group
• Balance - £1,045
• 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 Wescot ( on behalf Cabot) recording that Gregory Pennington no longer acting on my account. Request that I contact them urgently to agree how best to proceed.
6. 12/11/18 Letter from Wescot noting request for copy of credit agreement. Account placed on hold
7. 20/11/18 Letter from Cabot - Thank you for your 77-79 request , unfortunately we currently do not have info' on file so we will be requesting from original lender. We will write in next 12 days with an update.
8. 03/12/18 - Letter from Cabot - " We are still processing your request & contacted original lender for info'"
9. 07/01/19 - Letter from Cabot - Natwest are unable to provide the CCA information as requested. If they become available we will send. We shall continue to report the status of your account to Credit Reference Agencies. Although account is unenforceable etc etc
10. 27/07/2019 - Letter from Cabot advising they are now dealing with account
11. 08/08/2019 Ditto - Lets find the right plan...
12. 11/09/2019 Ditto Explore options to repay
13. 02/10/2019 Ditto Get back on track payment plan ....
14. 17/10/2019 Ditto - Payment plan with 30% reduction offered
15. 21/11/2019 Ditto Set up plan ...
16. 28/11/2019 Letter from Resolvecall - We are acting on behalf of CAbot
17. 08/12/2019 We have tried to contact you but as you havent responded Resolvecall have been advised to contact you at home
18. 18/12/2019 Letter from Resolvecall - We are acting on behalf Cabot & assisting them in collecting balance . Failure to reply will mean house vist
19. 20/01/2020 Resolve call visited .. wife at home .... Shit hits the fan !

My thoughts are that I offer one off payment at 40% discount ie £627 ..?

[Hooker]

Mint Credit Card ****425

• Date commenced - 24/05/2006
• Approx balance at default - £3,133
• Default - 14/03/2013
• DMP commenced with Debt Advisory Line 2013 ??
• DMP transferred to Gregory Pennington ( DAL take over) December 2017
• Last payment to GP - September 2018
• Account owner - Westcot Credit Services Ltd / Cabot Credit Management Group
• Balance - £1,848
• 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 Wescot ( on behalf Cabot) recording that Gregory Pennington no longer acting on my account. Request that I contact them urgently to agree how best to proceed.
6. 12/11/18 Letter from Wescot noting request for copy of credit agreement. Account placed on hold
7. 20/11/18 Letter from Cabot - Thank you for your 77-79 request , unfortunately we currently do not have info' on file so we will be requesting from original lender. We will write in next 12 days with an update.
8. 04/01/2019 Letter from Cabot - " We have been unable to get info' requested from the original lender .... account unenforceable unless info' found. " "This means we are unable to obtain a judgement etc etc
9. 27/04/2019 - Letter from Cabot - " We have decided we would like to work directly with you & have asked agent to return to them. Please contact to discuss payment plan
10. 18/05/2019 - Cabot letter advising account returned to them & please contact us
11. 19/06/2019 Please contact us
12. 07/07/2019 Ditto
13. 24/07/2019 Ditto - Build a Budget
14. 18/08/2019 Ditto Tell us your budget
15. 02/10/2019 Ditto Set up ideal plan
16. 16/10/2019 - 40% reduction in debt offered

[Joanna Connolly Solicitors]

From what I can see almost all of these debts were defaulted nearly six years ago, so those account entries will vanish from your CRA files by March next year - not long to go

The exception is an old Barclaycard now assigned to PRA. However Barclaycard has a reputation of defaulting accounts late which can be tackled as a complaint but I wouldn't do that now.

A debt can only be defaulted once so even if you stop paying through a DMP etc the account can't be defaulted a second time.

My suggestion is to send a s 77-79 CCA Request to each debt owner (not the original creditor) and see what comes back.

Di

[Hooker]

Hi Di
Thanks for this & good news on the CRA files.

I will get the 77-79 CCA Request letters out this week

Regards

H

[Hooker]

Barclaycard Refund - Update

Further to my recent post detailing correspondence from B'card advising me that I was due a refund of £612 due to their ' failure to assess customer's circumstances when falling behind on their payments'. And that this refund would be made to PRA as the debt holder.

31/10 Challenged and referred to B'card complaints
07/11- B'card advise that FCA have approved the payment of the the refund to debt owners ie .payment made to the account. Also advised that B'card had made payments across the board rather than look at individual circumstances. Having reviewed my account they dont believe I actually qualified for the refund. Finally as a gesture of goodwill B'card have offered me £50 ... ?!?!. Not accepted yet

[Roger]

Well this looks like a recipe for contention as no two Cases are identical "..

that B'card had made payments across the board rather than look at individual circumstances.."

[Hooker]

Another letter from B'card customer complaints received today. recording that i was 'unhappy' with the refund going to PRA
Following investigation " .... can confirm that our process in relation to these refunds are to reduce the customers owe us. This applies to all customers........ on this occasion I cannot agree to refund you directly.

Offer of £50 gesture of goodwill remains

This is their final response but I can call to ask questions etc. Also advise I have right to contact Financial Ombudsman Service.

This seems flawaed in that as they have sold my debt I dont effectively owe them anything ??

Would appreciate guidance on best next step

H

[Warwick65]

Hi
As I have said before it is difficult to know without all the details ...and the details would include the terms in the deed of assignment. There may be a buy back clause so that any refund is done by the way of a buy back of part of the debt - it is a win win for barclaycard as they maybe sold the debt for 10% so if they buy back £500 it only costs them the £50 they were going to pay and the debt purchaser can still chase you.

As I say it is all speculation at this point

Is this the Barclaycard debt form 1981 - if so the enforceability or not of this is different to most cards as the law changed , I think it was in 1983 , and I do not think it was retrospective i.e if it was ok at the time it is still ok now. Of course it is unlikely they can produce a signed agreement after all this time.

While I don't want to offer you false hope , if a letter before action was received you should get legal advice

On a positive note- my two debts that were RBS (Mint and Nat West that were sold to cabot)- well cabot have not been able to produce the documents and hopefully the same will be true of you

[Hooker]

Thanks Warwick. Yes this is the 1981 B'card.

My thoughts are that I should concentrate on the general unenforceability process I have started and let this lie.

Never expected any money back so guess the offer of £50 is a bonus and if all credit card debts are 'sorted' as well then I would be very happy with that.


H

[Roger]

But file that letter away very carefully.
For an OC to come back and amend/meddle with figures under a CCA has imprecations.
I would see what PRA do or don`t do here. And what is this £50 because it looks like they are paying both Peter and Paul doesn't it?