JumpyMonkey's UE Diary

[JumpyMonkey]

Email a copy of what you've been sent to Niddy for his opinion using webmaster@all-about-debt.co.uk

Documents can look in order on face value but they can also be recons which are not necessarily 'honest and accurate'.

Di

Thanks Di, sent to Niddy

[Colin G Quinn]

Hi JumpyMonkey,

If this is an assigned NatWest facility you will likely find providing an 'agreement' will be the least of PRA's problems.

Are they threatening to issue legal proceedings?

I would keep hold of the rejected postal order just in case PRA try to argue down the line that your CCA request was defective for not having the statutory £1 payment attached.

[JumpyMonkey]

No Colin, no threats of legal proceedings but I’m very aware of their reputation in that department and do feel it’s a case of when and not if they start with the legal talk.

I’m making sure I keep absolutely everything don’t you worry!

[PlanB]

no threats of legal proceedings but I’m very aware of their reputation in that department and do feel it’s a case of when and not if they start with the legal talk.

You're a long way off getting a court claim so put that thought out of your mind. Stay positive!

They may start legal talk but post on your thread each time you receive correspondence and forum members will guide you through the process.

Di

[JumpyMonkey]

NatWest/PRA

• Type of account: CC
• Date commenced: 2010
• Approx balance: £2650
• Last FULL payment: October 2017
• Last TOKEN payment: September 2020
• Status: Default
• Account owner: PRA


29/04/21 - CCA Request and £1 postal order sent
06/05/21 - Reply from PRA " We have received your correspondence and requested the required information." Account on hold. Postal order returned as PRA do not charge a fee (so what do I do with the 6 returned postal orders??)- Filed
11/05/21 - CCA received from PRA along with CC statements - agreement is 2 pages long and looks like the internet application form with a tick box for signature.

11/05/21 - Niddy says . Currently UE as missing the general terms, but easily remedied therefore deemed enforceable. Next steps? I'm not keen on jumping back into a payment plan anytime soon.

[Colin G Quinn]

Hi,

In terms of next steps, its really a case of waiting for their next move. What you definitely do not want to do at this stage is make them aware of the fact you understand the agreement to be unenforceable. It will likely only lead them to miraculously 'find' more.

As I say, even if the agreement turns out to be an enforceable one, that is a long way from the end of the matter for a debt purchaser who claims a legal assignment.

Just file your papers and whatever they have sent you away in a safe place for the time being.

[PlanB]

11/05/21 - Niddy says . Currently UE as missing the general terms, but easily remedied therefore deemed enforceable. Next steps? I'm not keen on jumping back into a payment plan anytime soon.

That's good news.

No need to go back into a payment plan just because they might be able to remedy the flaw. They might not, so adopt a glass half full not half empty approach and ignore them for now.

PRA took me to court and lost because not only were the credit agreements unenforceable but they couldn't prove the assignment, as explained 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.

Di

[JumpyMonkey]

PRA / Barclaycard

• Type of account: CC
• Date commenced: 2013
• Approx balance: £7100
• Last FULL payment: October 2017
• Last TOKEN payment: September 2020
• Status: Default
• Account owner: PRA


29/04/21 - CCA request & £1 postal order sent
06/05/21 - Reply from PRA " We have received your correspondence and requested the required information." Account on hold. Postal order returned as PRA do not charge a fee (so what do I do with the 6 returned postal orders??)- Filed

14/05/21 - Fat A4 envelope received from PRA including statements from 2016 and 2017 (account opened 2013) and a letter advising they await further documents and therefore this debt is currently deemed . Filed.

A very happy Friday indeed!

[PlanB]

14/05/21 - Fat A4 envelope received from PRA including statements from 2016 and 2017 (account opened 2013) and a letter advising they await further documents and therefore this debt is currently deemed . Filed.

A very happy Friday indeed!

Definitely

Keep that letter together with the postal order which they previously returned as proof that you paid the £1 statutory fee.

Enjoy your weekend.

Di

[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).
• Last FULL payment: October 2017
• Last TOKEN payment: September 2020
• Status: Default
• Account owner: PRA

29/04/21 - CCA Request & £1 Postal Order sent
06/05/21 - Reply from PRA " We have received your correspondence and requested the required information." Account on hold. Postal order returned as PRA do not charge a fee (so what do I do with the 6 returned postal orders??)- Filed

18/05/21 - Letter from PRA - "Please find enclosed documentation (statement of account). We have currently deemed this debt unenforceable..." enc.A4 unenforceable factsheet.

Very happy about this current status as this one is the big one! Statement enclosed is for the consolidated loan. What happens if this loan was a consolidation of my old Natwest loan plus newer debt? This loan leapt up from a manageable amount each month to an amount that eventually broke me.

Good news for a Monday

[PlanB]

That sounds like good news to me too

I wouldn’t stop to think about the ‘what ifs’ now - wait to see what they say next.

Di

[JumpyMonkey]

Link Financial (Co-Op)

• Type of account: CC
• Date commenced: 2011
• Approx balance: £500
• Last FULL payment: October 2017
• Last TOKEN payment: September 2020
• Status: Default
• Account owner: LINK

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

26/05/21 - Nice little letter from Link - Original creditor unable to comply therefore currently

[Warwick65]

Great news. AAD strikes again

[JumpyMonkey]

Celebrating this morning as I saw an email saying my credit score had increased and it’s now showing the highest score it’s been in years (still terrible haha!)

What I did notice though, is that my three oldest defaults/debts have dropped off having defaulted in Oct and Nov 2017. I know they can still chase and my SB date is around September 2026, but am I right to be celebrating a little? I haven’t updated my diaries for a while as all I’ve received are statements across the board, no written chasers for anything.

I don’t know why but I feel a bit odd celebrating these three accounts dropping off but I really want to!!!! ????????

[Roger]

Great feeling isn't it?
SILENCE is golden, take a pessimistic view over Statute Bar!! Then still SILENCE let the months roll on!