CCA for Egg/Barclaycard/PRA

[Roger]

well up to you CCA outstanding some people stop until / if ever they get a enforceable copy, some carry on just in case, some even stop paying stepchange and bank in savings for later should things turn for the worse, nobody can tell you what to do it is your own judgment!

The Tech Clerk
Is correct BUT a strategy would be for now perhaps WAIT for PRA to reply within say a couple of months!

But be aware that this started life as an Egg Card in Aug 2001 that's over 20 years ago!
The Consumer Credit Account 1984 (CCA) has a history of changes(s) and requirements which may prove a issue for PRA to meet

Any reply post back on here!

[Sparkles]

Thanks for the comments. I think I'll give it until the middle of May before I stop paying which will be about 2 months for PRA and 3 months for Nationwide. I'll post back about any reply I get.

[Colin G Quinn]

Hi,

No one can advise you to stop making whatever payments you are. That is personal choice.

That being said, if after the expiration of 12 working days from the receipt of your requests, the 'creditor' has not complied with the same, you are supposed to be informed that the alleged debt/agreement is 'currently' unenforceable.

Also it is worth remembering that a mere response to a request is not compliance. Any document attached to such a request needs to be compliant.

[Sparkles]

Thanks for the information. PRA sent me an ackowledgment just after I sent the request enclosing a "factsheet" saying it was classed as "unenforceable" if I didn't receive the information I requested within 12 days, but they haven't sent nothing since. I've heard nothing whatsoever about the Nationwide one.

I'll post back if and when I hear any more.

[nightwatch]

Hi,
It may also be of interest to know that Step change is not as impartial as you may think, they are funded by the debt company's that own most of your debts.
They don't recognise debts as " Unenforceable" , to them all debts are to be repaid.
Also, while it may seem you are safe from your debt collectors, while paying through them, there is nothing to stop t he debt owners starting Court proceedings.

As for stopping payment, you don't need to say why you are stopping it, but, It may be an idea to put the monies you would be paying towards them, to one side, this will then build up towards a F&F payment for enforceable ones.

Plus, if you stop payments, they can always be restarted at a later date if they send a compliant CCA.

On another note, who are your other debts with and what are they?

Nightwatch?

[Sparkles]

nightwatch thankyou. Stepchange seemed like a good choice to start with as they took care of it all, but I'm now considering moving to a self managed debt management plan so I have more flexibility with the repayments. I'll see how Stepchange respond when it comes to asking them to stop payents.

I'll post the details of the other debts when I get a moment, its about £34k in total and the PRA and Nationwode ones form about 53% of it so stopping them would give me a good amount to save for F&F payments.

[The Tech Clerk]

stepchange cannot do anything you stop payments to them they might send a reminder - then thas it, you do not need to give reasons to them, in view no legal agreement with them by the way!

[Roger]

I would suggest putting up ALL of yours debts into their own Diary entries.
This will help you as well as giving and sharing the overall perspective.

Right now irrespective of StepChange payments should immediately be reduced because of the 58% hike in Priority Debts Fuel, Rates, Water etc..
The Courts will always place priority debts before Unsecured Consumer Credit Debts.
The DCA's are truly facing their nemesis with these Higher Priority Debts!

[The Tech Clerk]

Type of account:-

Date commenced:-

Approx balance - £

Date last paid :-

Default Date:-

Are you on arrangement or not:-

[Still Waving]

Right now irrespective of StepChange payments should immediately be reduced because of the 58% hike in Priority Debts Fuel, Rates, Water etc..
The Courts will always place priority debts before Unsecured Consumer Credit Debts.
The DCA's are truly facing their nemesis with these Higher Priority Debts!

Excellent point !

[Sparkles]

The Tech Clerk My question above was relating to whether I'd need to say anything to PRA or Nationwide if I stopped payments. I assume it would be better to just keep quiet from now on to let the stattus barred clock run (accepting that I probably ought to have done that from the start really). I know I'm not tied to Stepchange and can just stop using them if I choose.

I've been reveiwing my DMP budget today as everything has gone up and I need to reduce my payments, so I may switch to self man.anged at the same time as doing that. I'll add details of the other debts soon, I don't have any priority debts.

[Still Waving]

You do realise that the Statute Barred clock hasn't started running yet, as you are still acknowledging the debts (ie making payments)?

[The Tech Clerk]

any payments = no statute barred as it is acknowledgement of debt.

[Sparkles]

Virgin(MBNA) / Virgin

• Type of account - Credit card
• Account owner - Intrum UK Finance Ltd
• Date commenced - April 2010 (Originally Virgin administered by MBNA, then moved to Virgin in March 2015)
• Approx balance - £8,500
• Date last 'full' payment - June 2021
• Arrangement - Not paying
• Status - Defaulted

• 25/6/21 - Affordability complaint sent to Virgin
• 24/8/21 - Response from Virgin - affordability complaint rejected
• 15/12/12 - Affordability complaint sent to FOS
• 19/2/22 - CCA request sent to Virgin
• 24/3/22 - £1 CCA request cheque cashed
• 13/8/22 - Letter from Virgin, your payment plan has been broken, please make repayments or we may have to issue default notice,
• 11/11/22 - Letter from Virgin about CCA request, they say they have enclosed the information they have at the moment and will send the rest as soon as possible.
• 18/12/22 - Complaint submitted to Virgin about failure to default account
• 12/2/23 - Letter from Virgin - they have raised a DSAR to provide a copy of the credit agreement.
• 1/3/23 - CCA received from Virgin, sent to Niddy to check - no reply
• 3/3/23 - Affordability complaint rejected by FOS
• 7/3/23 - Default complaint sent to FOS - over 8 weeks with no response
• 19/5/23 - Default date complaint rejected by Virgin
• 20/9/23 - Default notice received from Virgin
• 11/10/23 - Complaint about failure to default upheld by FOS - £250 compenstation refunded directly to my bank account.
• 14/10/23 - Account defaulted
• 7/11/23 - Notice of assignment recevied - sold to Intrum UK Finance Limited, being administered by Capquest and managed by Moorcroft.
• 11/12/23 - Letter from Moorcroft, we've been unable to make contact with you, please contact us as soon as possible.
• 6/1/24 - Letter from Moorcroft, please contact us to arrange payment plan
• 20/1/24 - Letter from Moorcroft, please contact us - repayment plan or discount is available.
• 3/2/24 - Letter from Moorcroft, we may be able to offer a discount, please contact us.
• 12/2/24 - Letter from Moorcroft - 30% discount offer.
• 16/2/24 - Letter from Moorcroft, please contact us or debt may be returned to our client.

[Sparkles]

MBNA / Link

• Type of account - Credit card
• Account owner - LC Asset 2 s.a.r.l. (Origininally MBNA)
• Date commenced - April 2017
• Approx balance - £3,000
• Date last 'full' payment - June 2021
• Arrangement - £75 per month (Self managed DMP)
• Status - Default
• 23/3/22 - Letter from MBNA to say they are charging interest again
• 23/3/22 - Letter sent to MBNA to ask them not to add interest
• 7/4/22 - Self managed DMP payment offer letter sent
• 8/4/22 - Letter from MBNA saying they were freezing interest again
• 21/4/22 - Letter from MBNA, interest complaint rejected and account is being defaulted.
• 28/6/22 - Account defaulted
• 19/7/22 - Sold to LC Asset 2 s.a.r.l.
• 28/7/22 - CCA request sent to Link Financial
• 19/8/22 - Letter from Link Financial, MBNA can't provide the information within 12 days so it is currently uneforceable.
• 13/9/22 - CCA received from Link Financial
• 17/11/22 - SAR sent to MBNA
• 18/11/22 - CCA sent to Niddy for checking - enforcable