Newbie, with CCA requests coming in and straight to threatening letters

[Rinnie]

If PRA have sent you a credit agreement, or paperwork purporting to be a credit agreement, then you need to email that to Niddy (Never-In-Doubt) for an opinion on whether it may be unenforceable or not.

Use this email address > webmaster@all-about-debt.co.uk Don't blank anything out because it will be perfectly secure. Put your username in the subject bar, and if possible include a link to this thread.

Or have I misunderstood your post so although you received a second letter from PRA, that didn't include the credit agreement?

We've now established that the debt was assigned by MBNA to Aktiv Kapital before PRA so they would have to prove both assignments which may cause them some difficulty.

Now would be good time to send a Subject Access Request to MBNA (ask if you need a template letter and contact details) so you get the full history of what went on.

As I've said you have 30 days to respond to that Letter Before Claim so keep an eye on the deadline date so you don't miss it. In the meantime the research continues

Di

Thank you Di for your response, PRA is still with niddy. Will get help sorting the other out. So if i respond asking for more details will that be classed as contacting them within the time frame? Thank You again

[Joanna Connolly Solicitors]

Thank you Di for your response, PRA is still with niddy. . . . . . So if i respond asking for more details will that be classed as contacting them within the time frame?

Wait until you hear from Niddy as to whether the credit agreement is unenforceable or not before deciding your next step.

Do not respond to the Letter Before Claim by asking for more details or information because that may only help them to build a case against you.

Di

[Joanna Connolly Solicitors]

Hi everyone update Halifax and Barclay card, at the moment unenforceable. Tesco is enforceable

It would be helpful if you could update and re-quote each of your debt posts when there's new information so forum members can see the account history before making suggestions.

For example all three of these debts have been assigned (sold) to debt purchasers so that makes a difference to the way they are managed from now on.

Even if a credit agreement is enforceable that doesn't mean the debt purchaser won't face problems with the assignment or lack of FCA authorisation etc.

And before assignment the original creditor would need to have served you with a compliant Default Notice, and so on.

Di

[nanna58]

Just want to wish you good luck xx

[Rinnie]

1st out of 7

Hi first and the most threatening one at the moment.

MBNA (virgin money) Credit Card
10/03/2010 Date of commencement according to paperwork received
Original Balance £3737.63 PRA takeover 23/10/2012 Current Balance £2776.96 as of 22/11/2018
December 2011 was the last full contractual payment.
April 2012 Started reduced payment DMP
Last Paid anything 8/03/2018 CCA request sent 24/02/2018
Defaulted fallen off credit file
PRA group

Letter sent 3/04/2018 Deeming the account unenforceable
Letter sent 31/07/2018 requesting to get in touch regarding debt, and a copy of credit agreement (was not received, they sent a copy recently because i did not receive)
Letter sent 08/11/2018 please get in touch within 14 days
Letter sent 22/11/2018 This one says that it is a Letter Before Claim

They are not giving me chance to breathe now

Still have not heard back from Niddy on this one. The following is an update from the paperwork i have.

Checking paperwork 4 April 2012 Letter basically stating accepting DMP payments and reduced interest to zero
2nd July 2012 Default Notice
3rd July 2012 Same Default Notice
18/10/2012 We are Aktiv Kapital uk Ltd and we are acting on behalf of Aktiv Kapital Portfolio AS, Zug branch who recently purchased your outstanding balance with MBNA
19/11/2014 Letter stating Aktiv Kapital has changed name to PRA group
16/01/2015 Letter stating account was assigned to PRA from Aktiv Kapital on the 31/12/2014

[Rinnie]

3rd out of 7:

Barclay Credit Card (husbands)
Unknown date, as described finding that information from my husband who Alzheimer's is practically impossible.
Original Balance £6,048.60, Link Financial Ltd takeover 23/11/2012, Current Balance £4,477.35 as of 28/11/2018.
January 2012 was the last full contractual payment.
April 2012 Started reduced payment DMP.
Last Paid anything 08/03/2018 CCA request sent 24/02/2018.
Defaulted.
Link Financial Ltd

Letter sent 16/11/18 Reconstructed Credit Agreement & Copy of the terms of your credit agreement as varied in accordance wit section 82(1) of the act.

This was the first and final letter we received since the request CCA, however judging by the paperwork it was provided to Link Financial Ltd 20/03/2018 several days after the original request but we only receive the document for the first time after asking on numerous occasions throughout this year on 16th November 2018 this month.

Niddy has checked unenforceable so far

Further paperwork 11/06/2012 Mercers Default notice
09/12/2012 Link Financial outsourcing, barclaycard have assigned your debt to us
11/12/2012 Barclaycard letter we have now transferred your debt to Link
28/03/2013 IDR finance stating Link has assigned it to IDR
15/12/2014 Link formal demand for payment in full, and intention to file account as defaulted with credit reference agency.
No formal demand was sent to you following the default notice issued by Barclaycard 11 June 2012. Basically saying that they had not in fact defaulted the account

[Roger]

Still have not heard back from Niddy on this one. The following is an update from the paperwork i have.

Checking paperwork 4 April 2012 Letter basically stating accepting DMP payments and reduced interest to zero
2nd July 2012 Default Notice
3rd July 2012 Same Default Notice
18/10/2012 We are Aktiv Kapital uk Ltd and we are acting on behalf of Aktiv Kapital Portfolio AS, Zug branch who recently purchased your outstanding balance with MBNA
19/11/2014 Letter stating Aktiv Kapital has changed name to PRA group
16/01/2015 Letter stating account was assigned to PRA from Aktiv Kapital on the 31/12/2014

19/11/2014 Aktiva were BROUGHT by PRA
https://globenewswire.com/news-relea...v-Kapital.html
I should make a note of this in your filing as there may well be Assignment issues.

[Roger]

Further paperwork 11/06/2012 Mercers Default notice
09/12/2012 Link Financial outsourcing, barclaycard have assigned your debt to us
11/12/2012 Barclaycard letter we have now transferred your debt to Link
28/03/2013 IDR finance stating Link has assigned it to IDR
15/12/2014 Link formal demand for payment in full, and intention to file account as defaulted with credit reference agency.
No formal demand was sent to you following the default notice issued by Barclaycard 11 June 2012. Basically saying that they had not in fact defaulted the account

1/ This is your husband's Debt who has Alzheimer's - This has imprecations especially over GDPR and requesting CCA S.77/78 for instance and CCA Notices etc..
2/ Link have admitted this was sold/brought without a Default Notice there may well be issues over a Default Notice issued by MERCER.
3/ 11/12/2012 Barclaycard Assignment letter what is the exact name of the LINK Company shown on that letter.
4/ 28/03/2013 IDR finance assignment what exactly LINK company name is shown in that Letter and the Exact title of the IDR finance Company - Its seems there may be assignment issues here.
5/ If your husband has Alzheimer's who has been making these payments to LINK?

It will help if you can provide additional information for the benefit of the MODS here.
File documents from LINK without response.

[Rinnie]

Hi my other two from Santander, are rearing there heads now they have passed it on to Moorcroft. I have a letter stating i have to contact them within the next few days. I need to know about these and possibly others do i contact them and tell them they have not complied the the CCA request, or do i ignore them. I do not know what to do. Please can you advise

[The Tech Clerk]

Moorcroft are only collection agents, on commissions if they collect any monies, they act for owners of an alledged debt. Would ignore , you do not have to contact them they can request. see what missives they send next keep a diary

[Rinnie]

1/ This is your husband's Debt who has Alzheimer's - This has imprecations especially over GDPR and requesting CCA S.77/78 for instance and CCA Notices etc..
2/ Link have admitted this was sold/brought without a Default Notice there may well be issues over a Default Notice issued by MERCER.
3/ 11/12/2012 Barclaycard Assignment letter what is the exact name of the LINK Company shown on that letter.
4/ 28/03/2013 IDR finance assignment what exactly LINK company name is shown in that Letter and the Exact title of the IDR finance Company - Its seems there may be assignment issues here.
5/ If your husband has Alzheimer's who has been making these payments to LINK?

It will help if you can provide additional information for the benefit of the MODS here.
File documents from LINK without response.

2/ 11 June 2012 Mercers Debt Collections Ltd, Default notice served under section 87 (1) of the Consumer Credit Act 1974
3/ 9/12/2012 Link Financial Outsourcing (we write to confirm that Barclaycard have assigned your account to us on the 26th November 2012)
11/12/2012 Barclaycard (further to our letter dated the 16th november) i have searched through all paperwork i do not have a letter from Barclaycard dated the 16th November. We have now transferred your debt to Link Finacial Outsourcing Limited.
4/ 28/03/2013 Link Financial Outsourcing and IDR Finance II Limited
15/12/2014 Letter from Link your account will be recorded as defaulted from the February 2015. basically saying that they had been reporting it as in arrears but had not defaulted it.
I have been in a joint payplan arrangement with my husband, until i started the CCA requests.

[The Tech Clerk]

Moorcroft are only collection agents, on commissions if they collect any monies, they act for owners of an alledged debt. Would ignore , you do not have to contact them they can request. see what missives they send next keep a diary

[Rinnie]

County Court letter received today dated the 21st Jan. This is for mbna PRA group. I did not get a response from niddy. I did resend again in case he had missed it. Any advice what should be my next move. With thanks everyone

[The Tech Clerk]

he will respond soon

[Joanna Connolly Solicitors]

County Court letter received today dated the 21st Jan. This is for mbna PRA group.

Have you (or your partner) received a county court claim form/pack from Northampton Court?

If so you can email it to me (just the front page) with a copy of the credit agreement you were sent using di@joannaconnollysolicitors.co.uk because Niddy is away at the moment.

If it's a PRA debt will it be this ex-MBNA Virgin credit card?

MBNA (virgin money) Credit Card

10/03/2010 Date of commencement according to paperwork received

Original Balance £3737.63 PRA takeover 23/10/2012 Current Balance £2776.96 as of 22/11/2018

December 2011 was the last full contractual payment.

April 2012 Started reduced payment DMP

Last Paid anything 8/03/2018 CCA request sent 24/02/2018

Defaulted fallen off credit file

PRA group

Letter sent 3/04/2018 Deeming the account unenforceable

Letter sent 31/07/2018 requesting to get in touch regarding debt, and a copy of credit agreement (was not received, they sent a copy recently because i did not receive)

Letter sent 08/11/2018 please get in touch within 14 days

Letter sent 22/11/2018 This one says that it is a Letter Before Claim

They are not giving me chance to breathe now

Di