Stop Payments or offer Full and Final Payments

[Katsikaki]

did you send original Recorded Delivery with a £1 postal order (cashed by them)? as per item 8? do not re-send is my thoughts their problem! some office wallah no doubt trying to be clever?

The original CCA to Wescot was sent recorded delivery and I have a screen captured signature. Wescot sent the PO back to me stating that it was not required for a CCA on a Link account (see attached). Link's latest letter does ask me to "resend" my CCA request, obviously suggesting they acknowledge it would be my second request.

[The Tech Clerk]

personally they have a problem I would not send as you have evidence their agent received it and state passed it on, unenforceable state, certain others will comment also?

[cymruambyth]

The legal request requires a letter and £1. It is their choice not to accept the £1. They are in default of your request and until they supply a legally compliant document the account is not enforceable. You do not have to resend it.

[Roger]

The legal request requires a letter and £1. It is their choice not to accept the £1. They are in default of your request and until they supply a legally compliant document the account is not enforceable. You do not have to resend it.

"..

The original CCA to Wescot was sent recorded delivery and I have a screen captured signature. Wescot sent the PO back to me stating that it was not required for a CCA on a Link account (see attached). Link's latest letter does ask me to "resend" my CCA request, obviously suggesting they acknowledge it would be my second request.

.."

Your entry suggests that you have either written or spoken to Link at the phone presumably over the outstanding CCA request.
Don't speak to them or write to them. Every time you do this your are most likely restarting the Statute Bar Clock!

Link are persistent and very good at NOT sending CCA documents often for months.
They restart their phone calls, and stock letters etc.. without any reference to their Outstanding Statuary Duty with respect to your outstanding S.77/78 CCA request!

As cymruambyth points out THEY ARE IN DEFAULT and this is not ENFORCEABLE until LINK supplier a legally compliant document!

SILENCE from now on. Make a note/record of phone Calls, txt, emails received date and time.
Everything must be by Letter (snail mail) and post Letters received up here in your Diary.

[Joanna Connolly Solicitors]

Original Creditor: Halifax
Account Type: Credit Card
Date Commenced: 10/02/2010
Balance: £2008
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default 29/07/2016
Account Owner: Wescot/Link Financial

CCA request sent: 04/05/2019
CCA request acknowledged letter received (will be in contact): 14/05/2019

Update 20/10/19: Account is still on hold and Wescot have asked me not to make payments in the meantime. I'm happy to oblige.
Update 02/11/19: Link Financial have asked me to resend my CCA request, with another postal order. What happened to the first one, sent in May? I know I mistakenly sent it to Wescot but they acknowledged that they received it and also stated that £1 postal orders are no longer required for Link Financial accounts.

^ ^ ^ I'm re-quoting your post #8 because it helps members to see the history when making suggestions in response to your questions.

It seems that you sent your s78 CCA Request to Wescot (a Debt Collection Agency) not to Link Financial (the Debt Owner) which you admit was a mistake.

Without knowing a bit more about this debt's history it's difficult to comment, however I wouldn't send a new CCA Request at this moment in time. Perhaps Wescot are no longer acting as Link's agent, and when did that happen (if it did)?

Did you sign (i.e. your 'wet ink' signature not a digital signature) the CCA Request which you sent to Westcot?

If not this may be an attempt by Link to get a copy of your signature.

Or maybe it's an innocent request

Di

[Joanna Connolly Solicitors]

I would like to query as to what my next actions should be. I have attached an image of a brief overview of my financial situation.

• All 3 Cabot debts (RBS, MINT and NATWEST) have come back as CCAs not found and currently not enforceable.
• PRA (BARCLAYCARD) have said that they have supplied the documents I requested and to contact them, although after contacting the webmaster via email on here, it has been confirmed to be currently unenforceable.
• Wescot/Link (HALIFAX CC) have sent me a Statement of Account at the end of May but I've heard nothing since, and currently no CCA.
• Lowell (AQUA and VERY) are still awaiting documents, with their last updates being 20th June and 21st May respectively. They have also sent me what appears to be a legitimate copy of a CCA for the other VERY account, although I might get this checked.

[FONT=verdana]I am unsure as to whether to CCA request my Halifax arranged overdraft, as previously these were never covered by the CCA rules. Has this position changed?


I must confess, the nerves are setting in about stopping payments through Stepchange as I've heard that PRA, in particular, can be litigious and I have reservations about upsetting the apple cart, so to speak. Most of these debts are currently managed through Stepchange and have been for over 3 years, apart from the accounts with a £0.00 monthly payment listed on the attached chart.

As I have been paying these debts up until this point, obviously being statute barred is out of the question. I'd like to strengthen my position for full and final payments, so I can start to get my life back on track and I'm unsure as to how best accomplish this? I know the general consensus is just to be silent but, to be honest, I'd rather have some of the debt settled if at all possible.

Having followed some of the posts on here, I know there are some very knowledgeable people on this forum, so I would really appreciate any advice you may have on this.

Do you you have any updates on your debts which this forum may be able to help you with?

Di

[Katsikaki]

Hi Diana Mayhew

There hasn't been a lot to report on recently to be honest, although yesterday I received a letter from PRA suggesting that their litigation department is becoming involved. They've offered me a £200 discount I suppose on a non-compliant CCA

I've attached the redacted letter for your perusal, please let me know your thoughts on my next steps.

I suspect that Link Financial are also gearing up as this was for the Halifax Overdraft. We'll see what happens there.

The enforceable agreements seem to be happy with their token payments and I'm happy to keep them as that for now.

[Katsikaki]

Followed by the obligatory threatening email today

PRA Group (UK) Limited has purchased your outstanding balance with Barclaycard. We have recently sent you a letter to let you know that your account is under review by our Litigation team. Depending on the outcome of that review, we may decide to seek recovery of the outstanding amount through the County Courts. This could result in a County Court Judgment (CCJ) being raised against you. We would prefer to avoid this outcome and would urge you to contact us (phone, email or sms) to work with one of our team to better understand your situation and find an agreeable solution. We look forward to hearing from you within 14 days of the date of the letter to prevent us moving to the next stage. Please call us today on our freephone number 0800 877 2772 to discuss how we may be able to help. You can also visit our website pragroup.co.uk where you can view your balance, make a payment or set up a payment plan. If you are in financial difficulty or are struggling with managing your account, you can get free advice by contacting National Debtline on 0808 808 4000, Step Change Debt Charity on 0800 138 1111 or The Money Advice Service on 0800 138 7777. Yours sincerely,

Taobane Lahila Head of Investigations and Litigations Department PRA Group (UK) Limited

[Joanna Connolly Solicitors]

Original Creditor: Barclaycard
Account Type: Credit Card
Date Commenced: 18/01/2005
Balance: £2964
Last DM Payment: July 2019
Last FULL Payment: 2016
Terms: DM with Stepchange
Status: Default 04/01/2017
Account Owner: PRA Group

CCA request sent: 04/05/2019
CCA request acknowledged letter received (awaiting documents): 09/05/2019
Update with statement received: 22/05/2019
Reconstituted CCA letter received (not enforceable according to @Niddy): 31/05/2019

Update 20/10/19: They have reiterated that they have sent "documents" to fulfill my request but Niddy deemed unenforceable so I've stopped paying.

^ ^ ^ this is the debt which PRA are writing/emailing you about.

Niddy has said it's unenforceable based on the documents PRA sent you in response to your s77-79 CCA Request for this old Barclaycard from 2005 so I see no reason for you to reply to them.

Was this originally a Barclaycard or could it have been something else such as Egg or Morgan Stanley etc?

Now would be a good time to send a Subject Access Request to Barclaycard to see what information they have in their files, because if the documentation needed to successfully litigate is not there, then PRA won't be able to get it either

Di

[Katsikaki]

^ ^ ^ this is the debt which PRA are writing/emailing you about.

Yes, this is correct. I had a feeling that PRA wouldn't drop this very easily as they believed they had sent an enforceable agreement.

Was this originally a Barclaycard or could it have been something else such as Egg or Morgan Stanley etc?

This was definitely a Barclaycard, opened in 2005.

Now would be a good time to send a Subject Access Request to Barclaycard to see what information they have in their files, because if the documentation needed to successfully litigate is not there, then PRA won't be able to get it either

I've sent a request for any information held on me using their online form found here:

https://www.apply.barclays.co.uk/for...execution=e1s1

Do you think this will be sufficient or do I need to do a traditional SAR by post too?

[Joanna Connolly Solicitors]

I had a feeling that PRA wouldn't drop this very easily as they believed they had sent an enforceable agreement.

I've sent a request for any information held on me using their online form found here:

https://www.apply.barclays.co.uk/for...execution=e1s1

Do you think this will be sufficient or do I need to do a traditional SAR by post too?

It doesn't matter whether PRA believe they sent you an enforceable agreement, what matters is whether the Judge believes it's enforceable

An online SAR request to Barclaycard is fine.

Di

[Katsikaki]

Thanks Diana Mayhew for your help, as always.

Could I be cheeky and forward the reconstituted CCA to you for a cursory glance over?

[The Tech Clerk]

send to:- webmaster@all-about-debt.co.uk linking this thread

[Joanna Connolly Solicitors]

Thanks Diana Mayhew for your help, as always.

Could I be cheeky and forward the reconstituted CCA to you for a cursory glance over?

I can see that Niddy has looked at the recon CCA and told you it was unenforceable in May 2019.

You’ve not been sent any new documents since then so that position won’t have changed.

No need to forward anything to me at this stage.

Di

[Katsikaki]

Thanks Diana Mayhew. I was only considering this as you and Joanna Connolly seem to have had experience of dealing with PRA with some success.

Barclays have sent my information that I requested electronically, so I'm awaiting an access code that comes via post. Hopefully it's all the information that is required (or missing some in this particular instance) ?