CCAs and Settlements

[Joanna Connolly Solicitors]

Hi All, so the day before I go on holiday and what should come through the letterbox... LBC from PRA no surprise really I'd been expecting it.

Some advice on how to proceed please. Debt is £2950 and I have been sent some statements (just those relating to PRA) and a credit agreement that Niddy said was enforceable.

TIA

Send me an email using di@joannaconnolly.co.uk

You have 30 days to reply to a Letter of Claim so it's not urgent unless you’ll be on holiday for a month.

Di

[Greybeard]

I'll be back by Thursday and have 30 days.

[Joanna Connolly Solicitors]

• MBNA Credit Card
• 2009
• 3K
• 2012
• DMP £30/mth
• Defaulted (over 6 years)
• PRA

05/02/19 CCA requested
05/02/19 All PAYMENTS STOPPED
14/02/19 Statements received
25/02/19 Copy of credit agreement received which Niddy says is enforceable. Letter asked for me to make contact within 10 days but have so far ignored it and no contact has been received from them either which is interesting as they would appear to have provided everything under the CCA request.

29/04/19 Still not heard anything from PRA and have not paid anything for 2 months now.

I assume that PRA’s Letter of Claim is for this ex-MBNA credit card?

Ive had a quick look back through your thread and I can see that it was assigned to Aktiv Kapital before PRA so they would need to prove both assignments.

Di

[Joanna Connolly Solicitors]

I'll be back by Thursday and have 30 days.

That’s fine - email me before you go if you have the time.

Di

[Greybeard]

Thanks Di,

Literally about to leave to get the train so I'll contact you on my return.

[Joanna Connolly Solicitors]

Thanks Di,

Literally about to leave to get the train so I'll contact you on my return.

Enjoy your holiday, and we’ll be in touch when you’re back.

Put PRA out of your mind until then.

Di

[traceyjedison]

Thanks for this thread

[Greybeard]

• Barclaycard/Goldfish Credit Card
• 2005
• 7K
• 2012
• DMP £70/mth
• Defaulted (over 6 years)
• Link

05/02/19 CCA requested
05/02/19 All PAYMENTS STOPPED
29/03/19 Received 12 letters! with a statement for a 6 month period in each to cover the last 6 years.
29/04/19 No further contact and no credit agreement received
02/10/19 Letter received from Link saying Barclaycard have confirmed they are unable to comply with CCA request so currently

[Greybeard]

• MBNA Credit Card
• 2009
• 3K
• 2012
• DMP £30/mth
• Defaulted (over 6 years)
• PRA

05/02/19 CCA requested
05/02/19 All PAYMENTS STOPPED
14/02/19 Statements received
25/02/19 Copy of credit agreement received which Niddy says is enforceable. Letter asked for me to make contact within 10 days but have so far ignored it and no contact has been received from them either which is interesting as they would appear to have provided everything under the CCA request.

29/04/19 Still not heard anything from PRA and have not paid anything for 2 months now.

09/09/19 LBC received
01/10/19 SAR sent to MBNA

[Greybeard]

• Halifax Credit Card
• 1991
• 9K
• 2012
• DMP £80/mth
• Defaulted (over 6 years)
• Lowell-managed by Moorcroft Debt Recovery

05/02/19 CCA request sent
05/02/19 All PAYMENTS STOPPED
29/04/19 Letter received from Moorcroft stating that Lowell are unable to provide a copy of credit agreement so that's a bonus! They're asking me to call them to arrange a payment plan though because they believe the outstanding balance to be 'correctly due'.
Filed and ignored


31/07/19 Letter from Lowell saying that they are unable to provide copies of agreement or statements due to the amount of time passed.But they still consider the balance to be owing.

[Joanna Connolly Solicitors]

• Barclaycard/Goldfish Credit Card
• 2005
• 7K
• 2012
• DMP £70/mth
• Defaulted (over 6 years)
• Link

05/02/19 CCA requested
05/02/19 All PAYMENTS STOPPED
29/03/19 Received 12 letters! with a statement for a 6 month period in each to cover the last 6 years.
29/04/19 No further contact and no credit agreement received
02/10/19 Letter received from Link saying Barclaycard have confirmed they are unable to comply with CCA request so currently

That's good to hear, especially since you were considering a F & F settlement with Link earlier in the year.

Never underestimate the power of a s77-79 CCA Request

Di

[Greybeard]

• Goldfish Credit Card - Barclaycard - Link Financial/IDR Finance
• 2005
• 7K
• 2012
• DMP £70/mth
• Defaulted (over 6 years)
• Link

05/02/19 CCA requested

05/02/19 All PAYMENTS STOPPED

29/03/19 Received 12 letters! with a statement for a 6 month period in each to cover the last 6 years.

29/04/19 No further contact and no credit agreement received

02/10/19 Letter received from Link saying Barclaycard have confirmed they are unable to comply with CCA request so currently Unenforceable


Updates

Just receiving statements every 6 months - Filed & ignored

[Greybeard]

• Halifax Credit Card - Sigma SPV2 - Lowell
• 1991
• 9K
• 2012
• DMP £80/mth
• Defaulted (over 6 years)
• Lowell - was managed by Moorcroft Debt Recovery and now by Resolvecall

05/02/19 CCA request sent

05/02/19 All PAYMENTS STOPPED


29/04/19 Letter received stating that Lowell are unable to provide a copy of credit agreement so that's a bonus! They're asking me to call them to arrange a payment plan though because they believe the outstanding balance to be 'correctly due'.

Filed and ignored


Updates

Sept 2021 Account has been passed on to Resolvecall

Oct 2021 Offer of 40% reduction - Ignored & Filed

Nov 2021 Offer of 60% reduction- Ignored & Filed

Feb 2022 Still receiving loads of calls sometimes 3 a week - all on silent and go to voicemail - not engaging with them.


Any advice?

I’m happy to continue to ignore any attempt at contact. The last payment and CCA request was 3 years ago so another 3 years to statute barred.

[Still Waving]

• Halifax Credit Card - Sigma SPV2 - Lowell
• 1991
• 9K
• 2012
• DMP £80/mth
• Defaulted (over 6 years)
• Lowell - was managed by Moorcroft Debt Recovery and now by Resolvecall

05/02/19 CCA request sent

05/02/19 All PAYMENTS STOPPED


29/04/19 Letter received stating that Lowell are unable to provide a copy of credit agreement so that's a bonus! They're asking me to call them to arrange a payment plan though because they believe the outstanding balance to be 'correctly due'.

Filed and ignored


Updates

Sept 2021 Account has been passed on to Resolvecall

Oct 2021 Offer of 40% reduction - Ignored & Filed

Nov 2021 Offer of 60% reduction- Ignored & Filed

Feb 2022 Still receiving loads of calls sometimes 3 a week - all on silent and go to voicemail - not engaging with them.


Any advice?

I’m happy to continue to ignore any attempt at contact. The last payment and CCA request was 3 years ago so another 3 years to statute barred.

IGNORE.

If they can't provide a copy of your original agreement, it remains unenforceable. Remain silent. But do let us know if they become more threatening.

[The Tech Clerk]

Sigma was suspect one years ago as I remember?

??????
Who are Sygma Bank UK?
Sygma Bank is a debt collection agency – as such, its legal powers are no different from those of the original creditor who previously owned your debt. Sygma Bank can (within reason) chase you for repayment of the debt, but they are not allowed to harass you or call you at unreasonable times.

Part of creation.?