JumpyMonkey's UE Diary

[JumpyMonkey]

oh man, I already have another question

Is it even worth me doing this if all my debts, except my overdraft are post 2007? Do I have any chance of proving how incompetent these companies are or am I really just wishful thinking?

[Roger]

Welcome to AAD.
The CCA s.78 request plus £1 for each request is a Consumer's Lawful Right. Whilst this is outstanding then the debt is UE.
But there are many legal reasons other than the CCA.
No two Cases are the same. I notice for instance Loans which increased to consolidate earlier debts.
Take one step at a time.

[cymruambyth]

Welcome to AAD. Follow the advice that Di gave and let us know when you receive any replies. If you read around this forum you will see that there are many errors that can make an agreement unenforceable; failings in default notices, assignments and some DCAs have no legal financial powers. Always ask questions and do not speak to anyone over the phone.
Good luck

[JumpyMonkey]

So I'm finally taking the plunge and writing my CCA Requests! eek!!!! Only 5 months after I started this thread - 5 months wasted!!!

One of my accounts is currently assigned to a Law firm which is freaking me out a bit. It's my HP account, do I still send the CCA Request? My inner scaredy cat is telling me they'll turn around and just throw a CCJ at me???


NatWest/PRA

• Type of account: Loan

• Date commenced: 2012? (credit website is down so can’t check)

• Approx balance: £14,000 – Originally took out a loan for £7000 in 2012 (will double check later) , then increased this in approximately 2014 to £20,000 to consolidate debts and they hiked the interest at this time. Requested they reduce the interest in 2017 to help me but was refused (obviously wasn’t a good candidate for reduced rates).

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA

NatWest/PRA

• Type of account: CC

• Date commenced: 2010

• Approx balance: £2650

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA

NatWest/PRA

• Type of account: Overdraft

• Date commenced: 2006

• Approx balance: £2000

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA
PRA / Barclaycard

• Type of account: CC

• Date commenced: 2013

• Approx balance: £7100

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


PRA / MBNA

• Type of account: CC

• Date commenced: 2017 (DESPERATE TIMES BY THIS POINT)

• Approx balance: £1500

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


PRA / BARCLAYCARD

• Type of account: CC

• Date commenced: 2014

• Approx balance: £3500

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


HALIFAX

• Type of account: CC

• Date commenced: 2014

• Approx balance: £2700

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): DCA WESTCOTT


Lloyds TSB

• Type of account: CC

• Date commenced: 2014

• Approx balance: £2500

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


Link Financial (Co-Op)

• Type of account: CC

• Date commenced: 2011

• Approx balance: £790

• Date last paid (approximate date you last made a FULL payment): October 2017

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


DWF Law (Hitatchi finance for HP)

• Type of account: Hire Purchase

• Date commenced: 2016

• Approx balance: £977

• Date last paid (approximate date you last made a FULL payment): February 2019

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default (May 2019)

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser DWF Law

This is a strange one – HP was taken out for a new car. At the end of the 3 year contract the car was returned and I was hit with a big old fee for excess mileage. I was planning to contest this with the dealer as they convinced me to take a contract with a small mileage as “no one ever goes over”. I never contested due to depression and anxiety and couldn’t cope with the conflict.

[Joanna Connolly Solicitors]

One of my accounts is currently assigned to a Law firm which is freaking me out a bit. It's my HP account, do I still send the CCA Request? My inner scaredy cat is telling me they'll turn around and just throw a CCJ at me???



DWF Law (Hitatchi finance for HP)

• Type of account: Overdraft

• Date commenced: 2016

• Approx balance: £977

• Date last paid (approximate date you last made a FULL payment): February 2019

• Are you on arrangement or not paying: £1 TPP through SC which is due to expire and I plan to self manage from now

• Status (default/in arrears/up-to-date): Default (May 2019)

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser DWF Law

This is a strange one – HP was taken out for a new car. At the end of the 3 year contract the car was returned and I was hit with a big old fee for excess mileage. I was planning to contest this with the dealer as they convinced me to take a contract with a small mileage as “no one ever goes over”. I never contested due to depression and anxiety and couldn’t cope with the conflict.

Have you been sent a formal 'Letter of Claim' DWF Law or are they just chasing you in a general way?

I notice you referred to this debt as an "overdraft" but I assume that was an error so send DWF Law the CCA Request.

Di

[JumpyMonkey]

Have you been sent a formal 'Letter of Claim' DWF Law or are they just chasing you in a general way?

I notice you referred to this debt as an "overdraft" but I assume that was an error so send DWF Law the CCA Request.

Di

Oops! Yes definitely not an overdraft, I've updated above to avoid confusion.

They haven't sent me a formal letter of claim, just a chaser and "Installment Agreement Breakdown" letter as my TPP expired with Stepchange. I will crack on and send it then, thank you

[Joanna Connolly Solicitors]

One of my accounts is currently assigned to a Law firm which is freaking me out a bit. . . . My inner scaredy cat is telling me they'll turn around and just throw a CCJ at me???

They can't just throw a CCJ at you. First they have to issue a claim and then they have to Win the case which is a different kettle of fish altogether.

I see you have six debts with PRA who like to issue claims. They issued one against me which they lost

Jo explains why here >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGNMENT PROVED”


So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

It's good to see you've now decided to take control of the situation instead of the situation controlling you.

I look forward to helping you.

Di

[JumpyMonkey]

OMG I’ve FINALLY done it - £25 later on postal orders and postage and I’ve sent off all 11 CCA requests.

The woman in the post office wouldn’t stop going on about the flipping postal orders and why would I need 11



feels good to have done it but also terrified as I’ve been left alone recently due to mentioning the effect on my mental health so I’m now petrified they’re all going to start bombarding me.

definitely wasted a ton of time procrastinating but at least it’s actually done now :-)

[JumpyMonkey]

NatWest/PRA

• Type of account: Loan
• Date commenced: 2012? (credit website is down so can’t check)
• Approx balance: £14,000 – Originally took out a loan for £7000 in 2012 (will double check later) , then increased this in approximately 2014 to £20,000 to consolidate debts and they hiked the interest at this time. Requested they reduce the interest in 2017 to help me but was refused (obviously wasn’t a good candidate for reduced rates).
• Date last paid (approximate date you last made a FULL payment): October 2017
• Not Currently Paying

• Status (default/in arrears/up-to-date): Default

• Account owner: Purchaser PRA

29/04/21 - CCA Request & £1 Postal Order sent

[JumpyMonkey]

NatWest/PRA

• Type of account: CC

• Date commenced: 2010

• Approx balance: £2650

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


29/04/21 - CCA Request and £1 postal order sent

[JumpyMonkey]

NatWest/PRA

• Type of account: Overdraft

• Date commenced: 2006

• Approx balance: £2000

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


29/04/21 - CCA Request & £1 postal order sent

[JumpyMonkey]

PRA / Barclaycard

• Type of account: CC

• Date commenced: 2013

• Approx balance: £7100

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


29/04/21 - CCA request & £1 postal order sent

[JumpyMonkey]

PRA / MBNA

• Type of account: CC

• Date commenced: 2017 (DESPERATE TIMES BY THIS POINT)

• Approx balance: £1500

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


29/04/21 - CCA Request & £1 postal order sent

[JumpyMonkey]

PRA / BARCLAYCARD

• Type of account: CC

• Date commenced: 2014

• Approx balance: £3500

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): Purchaser PRA


29/04/21 - CCA Request & £1 postal order sent

[JumpyMonkey]

HALIFAX

• Type of account: CC

• Date commenced: 2014

• Approx balance: £2700

• Date last paid (approximate date you last made a FULL payment): October 2017

• Not currently paying

• Status (default/in arrears/up-to-date): Default

• Account owner (who is writing to you, a DCA or the lender or debt purchaser): DCA WESTCOTT


29/04/21 - CCA Request & £1 postal order sent

01/05/21 - That was quick- reply from Wescot stating they no longer administering the account - postal order and cca request returned.

04/05/21 - CCA request & £1 postal order sent to Halifax (OC) instead of Wescot.