Stop Payments or offer Full and Final Payments

[Katsikaki]

Well, I've just glanced through the document I've just received and it's pretty much 297 pages of copy statements, Barclaycard correspondence about late payments and a notice of registering a Default against my account. There's no credit agreement, notice of assignment or any sensitive documents at all. They do note that this GDPR request doesn't include manual records, neither do they include documents about third parties, maybe that's why there's no copy letter detailing a notice of assignment.

I feel that this isn't all the information that somebody would be able to obtain from Barclays if they requested manual records too.

[Katsikaki]

Well Diana Mayhew, it appears PRA would like to try and pursue this debt through legal channels.

Today, I've received a Letter Before Claim and I have until 31/03/2020 to respond.

Any advice for my next steps would be greatly appreciated.

Thanks.

[Joanna Connolly Solicitors]

Well Diana Mayhew, it appears PRA would like to try and pursue this debt through legal channels.

Today, I've received a Letter Before Claim and I have until 31/03/2020 to respond.

No surprises there.

This is an ex-Barclaycard from 2005 where the credit agreement has been deemed unenforceable by Niddy, there's no sign of any credit agreement in your SAR response from Barclaycard, and no sign of any DN either.

So send me the first two pages of the Letter of Claim to see what they intend to claim, and why they think they have the right to claim it.

Also send me the 'credit agreement' with PRA's covering letter in a separate email (using di@joannaconnollysolicitors.co.uk).

There's plenty of time to deal with this, so put it out of your mind for the rest of the weekend.

Di

[Katsikaki]

Thanks Diana Mayhew, you're a star!

Would it be beneficial to send the pdf of my SAR request too?

[Joanna Connolly Solicitors]

Thanks Diana Mayhew, you're a star!

Would it be beneficial to send the pdf of my SAR request too?

Yes it would

Keep that in a separate email so I can be certain of the source of documents, especially if PRA's paperwork inexplicably differs from Barclaycard's paperwork!

Di

[JasonJones]

It's really an interesting article that can assist the people in their debt risk thought and let them allow to think practically about the repayment of such dues. If they are not thinking then, they must do research with the different banks as the eligibility criteria and the interest structure varies so that accordingly people can know what's the market rate is and take the favorable decision according to the xxxxx available.

[Roger]

It's really an interesting article that can assist the people in their debt risk thought and let them allow to think practically about the repayment of such dues. If they are not thinking then, they must do research with the different banks as the eligibility criteria and the interest structure varies so that accordingly people can know what's the market rate is and take the favorable decision according to the xxxxxxxxx available.

April 1st is still a month away!!

[Joanna Connolly Solicitors]

Well Diana Mayhew, it appears PRA would like to try and pursue this debt through legal channels.

Today, I've received a Letter Before Claim and I have until 31/03/2020 to respond.

PRA's Letter of Claim was just before Lockdown began in March.

Have they been in touch with you since then?

Di

[Katsikaki]

PRA's Letter of Claim was just before Lockdown began in March.

Have they been in touch with you since then?

Di

You must have read my mind Diana Mayhew, as I was just about to post today, updating you of the situation.

PRA have just sent yet another letter before court action and apparently I now have until the first week of September to respond to them or they "may" take me to court.

If you like, I can email you a copy of the letter when I get home?

[Joanna Connolly Solicitors]

You must have read my mind Diana Mayhew, as I was just about to post today, updating you of the situation.

PRA have just sent yet another letter before court action and apparently I now have until the first week of September to respond to them or they "may" take me to court.

If you like, I can email you a copy of the letter when I get home?

I must be psychic

Yes, please email me the Letter of Claim from PRA using di@joannaconnollysolicitors.co.uk

Di

[Joanna Connolly Solicitors]

PRA have just sent yet another letter before court action and apparently I now have until the first week of September to respond

. . . I can email you a copy of the letter

Thank you for that.

It appears nothing has changed on PRA's Letter of Claim except the date.

Di

[Katsikaki]

First of all, I would like to extend my huge gratitude to all of the staff at Joanna Connolly Solicitors.
The claim that PRA were pursuing has been thrown out of court, so that's a huge relief.

On to the next, Diana Mayhew . It appears that Link Financial from post #8 are gearing up for a push for recovery as they have just performed an affordability search and a hard debt collection credit search on my credit file, further damaging my credit score.

I assume your advice at this point would be to wait and see what happens?

[Katsikaki]

Well folks, it's been a while ..

I guess they couldn't resist coming back to hound me.

A brief recap of this particular debt:

I have/had an overdraft with Halifax of circa £2.4k. During the years, it's done the rounds from Halifax, to Wescot, to Moorcroft, to Link Financial (Outsourcing Limited) and now, Kearns Solicitors. In August 2019, I sent a section 77-78 CCA request (incorrectly) to Wescot and they sent my postal order back, along with a note saying that quote - These sections of the CCA do not apply to this account as it relates to a current account - end quote.

Original Creditor: Halifax

Account Type: Overdraft

Date Commenced: 16/05/2007

Balance: £2500

Last DM Payment: July 2019

Last FULL Payment: 2016

Terms: DM with Stepchange

Status: Default 20/09/2017

Account Owner: Wescot

No CCA request sent as I didn't think overdrafts were covered under the CCA.

CCA request sent: 25/07/2019

Update 15/08/19: Letter and PO returned along with covering letter stating that this current account and supplying a copy of the credit agreement is not "not relevant to S77-78".

Yes it has changed

Well in fact it has always been the case (overdrafts covered by s78 CCA) but now there is a court ruling in support.

Jo explains it here >

My suggestion is to send the free AAD s77-79 CCA Request template which you'll find here in post #4 https://all-about-debt.co.uk/forum/d...mplate-letters

You need to include a £1 postal order for the statutory fee and send it Royal Mail Recorded/Signed for Delivery so you can Track & Trace it on their website.

Di

So they have acknowledged receipt of your s77/78 CCA Request. Keep that letter safe.
They may have returned your postal order, but that doesn't alter the fact that you sent it to them in the first place

However it appears you sent your CCA Request to Wescot (a debt collection agency) and not the debt owner which is Halifax.

Di

I was advised at this time by Di on here not to pursue it any further, and all has been well and quiet - up until now.

Link Financial have been pursuing me for months, even at a new address, which they were not informed about. They have now passed the debt across to Kearns Solicitors and they have posted a Letter of Claim, dated 3rd October 2024 which I received on the 9th, 'demanding' my response within 30 days.

As it's been a little while since I've been through this process - thanks to Joanna Connolly Solicitors - I would kindly ask what my next steps should be?

Thanks