Good bye Debt - Hooker Acc's

[Enforcer]

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.

[Hooker]

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

[Hooker]

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

Happy new year

H

[Warwick65]

Good news from Cabot -keep that letter

Have you had cca responses for the MBNA accounts?

[Hooker]

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

[Warwick65]

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

[Hooker]

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.

[The Tech Clerk]

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 ,

[Joanna Connolly Solicitors]

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

[Hooker]

Thank you both . I will send to Niddy for review

Regards

H

[Warwick65]

Just to try and help so don’t 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

[Joanna Connolly Solicitors]

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

[Hooker]

All accounts updated today 20/01/2020 Including record of today's home visit from Resolvecall

I will not record my wife's reaction ! NB -- Must read all letters received

[Joanna Connolly Solicitors]

All accounts updated today 20/01/2020 Including record of today's home visit from Resolvecall

I will not record my wife's reaction !

I'll comment on your updates tomorrow when I've read them all in detail.

I can only imagine your wife's reaction to a visit from Resolvecall

This was in relation to your Mint credit card from 2006 (am I correct?).

The current owner is Cabot, but what is the precise name of the Cabot entity in case there are lack of FCA authorisation issues to add into the mix?

Is it Cabot Financial (UK) Ltd or maybe MFS?

Jo explains this legal issue here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[Warwick65]

Didn’t Cabot write back about both your Mint and NatWest card saying it was unenforceable because of no agreement? Has that changed?

If not I bet resolvercall didn’t mention when they called it was UE. I do hope you were not in the way of the fan ?

I had the same cards as you which went to Cabot in about 2017. I sent a swift Cca request and got the same response as you. Did RBS purge their database when they sold the debts on I wonder or is there another reason.

Long ago I read a Deed of assignment between two other companies which said after so many days the OC would not help sourcing documentation.