CCA for Egg/Barclaycard/PRA

[Sparkles]

Virgin

• Type of account - Credit card
• Date commenced - April 2010
• Approx balance - £9,000
• Date last 'full' payment - June 2021
• Arrangement - Not paying
• Status - In arrears
• 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. Enclosed is the most recent statement and a sheet of terms which doesn't appear to be an agreement. The terms appear to be from 2021 and all the interest rates exactly match those on a 2021 statement I have.

I had a letter from Virgin today - it seems a pretty poor attempt.

[Still Waving]

File and await further developments.

[Never-In-Doubt]

Apologies for the accidental deletion - your thread is now restored.

Niddy

[Sparkles]

MBNA

• Type of account - Credit card
• 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 Link Financial
• 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

Link sent me the CCA for this. Given it's quite recent and a small monthly amount I'll just keep paying this for the moment.

[Roger]

Link sent me the CCA for this. Given it's quite recent and a small monthly amount I'll just keep paying this for the moment.

1/ Send a copy of the CCA to webmaster@all-about-debt.co.uk
2/ Who with the Link Group was actually assigned this account? You need to look at the paper work!!!
3/ I note ".. 23/3/22 - Letter from MBNA to say they are charging interest again .."

I think a SAR sent to MBNA should be your next course of action to find out exactly what they have or don't have on record. Its seems strange the stopping and restarting of interest.

Homework here can help you and AAD flesh out your Diary which will help you take control here rather than a defeatist acceptance of Link!

[Sparkles]

Thanks, but I'd rather concentrate on the three big ones (PRA, Nationwide and Virgin) for the moment and make sure I have enough money put aside should I need to engage JCS for any reason.

(I seem to have double posted above, but can't see how to delete the first one)

[Roger]

Thanks, but I'd rather concentrate on the three big ones (PRA, Nationwide and Virgin) for the moment and make sure I have enough money put aside should I need to engage JCS for any reason.

(I seem to have double posted above, but can't see how to delete the first one)

You forget the Diary is about collecting and understanding each individual Debt.
In my Case and yours a portfolio of Debts.
Irrespective of whether you are in a payment plan or not the DCA can sue you!

My own approach was to tackle each debt in a current basis and bring the Diary up to date.
Not a question of prioritising one over another but to complete each Diary/Debt so that it was up to Date.
My suggestion for a SAR is because MBNA stopped and then restarted the interest on a Debt! That might prove of value later on! Find out what happened.
Equally with who or whom this debt was assigned to other than who is writing to you!
Lastly Never-In-Doubt is the only one who sees these CCA sent to him. Don't pre-judge send a copy and He will advise.

The same approach to each Diary/Debt will pay off because a good Diary is the key to getting good advice especially legal advice.

[Night Monkey]

...it's quite recent and a small monthly amount I'll just keep paying this for the moment.

Completely your choice whether to keep paying or not, but that looks like it could be a £75 per month contribution to the fighting fund...

[Sparkles]

I've sent the CCA to Niddy for his opinion, and looking through the letters I have I can see the MBNA debt was sold to LC Asset 2 s.a.r.l

They said they would be starting charging interest again when I got the end of the initial 6 month payment period, I complained and they agreed to freeze it again.

[Roger]

I've sent the CCA to Niddy for his opinion, and looking through the letters I have I can see the MBNA debt was sold to LC Asset 2 s.a.r.l

They said they would be starting charging interest again when I got the end of the initial 6 month payment period, I complained and they agreed to freeze it again.

Well this might or might not be a issue because under the CCA1974 the true outstanding debt is an issue.
So my advice is to send for a SAR to MBNA which will give you a complete picture should this every become a issue!
File and make notes (for yourself).
LC Asset 2 s.a.r.l (Luxemburg)
See Colins entry here https://all-about-debt.co.uk/forum/d...00#post1544400
"..
Link Financial is not a trading name of LC Asset 2 S.A.R.L. They are separate companies. One is an offshore unauthorised debt purchaser and the other is a UK based debt servicer.
.."

[Sparkles]

Nationwide

• Type of account - Credit card
• Account owner - Nationwide
• Date commenced - August 2004
• Approx balance - £11,000
• Date last 'full' payment - June 2021
• Arrangement - Not paying
• Status - Default
• 17/2/22 - CCA request sent to Nationwide
• 23/2/22 - CCA request cheque paid
• 24/2/22 - Letter from Nationwide - they intend to issue default, won't take things further if payment agreement is kept to.
• 21/3/22 - Response to secure message received saying request had been received and passed to relevant dept on 25/2/22.
• 23/6/22 - Arrears notice received listing current arrears
• 29/6/22 - Letter received, your payments are still overdue, please make a payment immediately.
• 4/7/22 - Account defaulted, I noticed on Credit Karma but Nationwide have said nothing.
• 6/7/22 - Letter from Nationwide - please pay outstanding amount
• 22/7/22 - Letter from Nationwide - please contact us urgently or your account will be referred to Nationwide recoveries.
• 18/8/22 - Letter from Nationwide - please pay arrears immediately. They say I'll be issued with a default notice if they don't hear from me, but the account already has a default applied.
• 10/9/22 - Reconstituted CCA from Nationwide received, contains direct debit mandate signed in 2004 but no signature on agreement.
• 10/9/22 - Niddy has looked at what Nationwide sent and says it is unenforceable.
• 23/09/22 - Letter from Nationwide, account referred to ARC Europe.
• 29/9/22 - Letter from ARC Europe, please contact us to arrange payment.
• 25/10/22 - Letter from ARC Europe - this is a serious matter, our client reserves the right to consider further collection activity.
• 9/11/22 - Letter from ARC Europe. Please contact us within 14 days or we will recommence formal collections activity.
• 9/12/22 - Preliminary decision from Ombudsman about affordability complaiint, Nationwide shoukd refund all interest on balance above previous limit increase.
• 10/12/22 - Letter from ARC Europe - we can offer a substantial discount, please contact is about this, but no mention of how substantial

An update on this one, I had an affordability complaint in progress at the FOS from before I went down the unenforcability route. In a preliminaty response the ombudsman has said that Nationwide whould refund all interest applied to any balance over the previous credit limit. I assi=ume that this restarts the statute barred clock. I'd left the complaint open in the hope that the defauly might be backdated, but they haven't said that should happen.

[Roger]

An update on this one, I had an affordability complaint in progress at the FOS from before I went down the unenforcability route. In a preliminaty response the ombudsman has said that Nationwide whould refund all interest applied to any balance over the previous credit limit. I assi=ume that this restarts the statute barred clock. I'd left the complaint open in the hope that the defauly might be backdated, but they haven't said that should happen.

It means the Debt figures including Default and Or Arrears figures are wrong!

[Sparkles]

Virgin(MBNA) / Virgin

• Type of account - Credit card
• Account owner - Virgin (Originially Virgin administered by MBNA, then moved to Virgin in March 2015)
• Date commenced - April 2010
• Approx balance - £9,000
• Date last 'full' payment - June 2021
• Arrangement - Not paying
• Status - Arrangement to pay
• 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. Enclosed is the most recent statement and a sheet of terms which doesn't appear to be an agreement. The terms appear to be from 2021 and all the interest rates exactly match those on a 2021 statement I have.
• 12/2/23 - Letter from Virgin - they have raised a DSAR to provide a copy of the credit agreement.

I had a letter from Virgin today saying they had raised a DSAR to provide a copy of the credit agreement. If they simply provide everything does that count as satisfying the CCA request?

I assume I just wait and see what they send, and keep quiet unless someone tries legal action.

[The Tech Clerk]

they have to supply = an enforceable one (if they find it) ignore there / they have to etc you paid the pound up to them now. keep quiet after this time you requested on 19/2/2022. ummmmmmmm? DSAR nothing to do with it although some produce CCA with a DSAR! but the separate request with £1.00 makes it a legal request = they are at fault until / if they supple compliant one.

[Sparkles]

Nationwide

• Type of account - Credit card
• Account owner - Nationwide
• Date commenced - August 2004
• Approx balance - £0
• Date last 'full' payment - June 2021
• Arrangement - None
• Status - Closed
• 17/2/22 - CCA request sent to Nationwide
• 23/2/22 - CCA request cheque paid
• 24/2/22 - Letter from Nationwide - they intend to issue default, won't take things further if payment agreement is kept to.
• 21/3/22 - Response to secure message received saying request had been received and passed to relevant dept on 25/2/22.
• 23/6/22 - Arrears notice received listing current arrears
• 29/6/22 - Letter received, your payments are still overdue, please make a payment immediately.
• 4/7/22 - Account defaulted, I noticed on Credit Karma but Nationwide have said nothing.
• 6/7/22 - Letter from Nationwide - please pay outstanding amount
• 22/7/22 - Letter from Nationwide - please contact us urgently or your account will be referred to Nationwide recoveries.
• 18/8/22 - Letter from Nationwide - please pay arrears immediately. They say I'll be issued with a default notice if they don't hear from me, but the account already has a default applied.
• 10/9/22 - Reconstituted CCA from Nationwide received, contains direct debit mandate signed in 2004 but no signature on agreement.
• 10/9/22 - Niddy has looked at what Nationwide sent and says it is unenforceable.
• 23/09/22 - Letter from Nationwide, account referred to ARC Europe.
• 29/9/22 - Letter from ARC Europe, please contact us to arrange payment.
• 25/10/22 - Letter from ARC Europe - this is a serious matter, our client reserves the right to consider further collection activity.
• 9/11/22 - Letter from ARC Europe. Please contact us within 14 days or we will recommence formal collections activity.
• 9/12/22 - Preliminary decision from Ombudsman about affordability complaiint, Nationwide shoukd refund all interest on balance above previous limit increase.
• 10/12/22 - Letter from ARC Europe - we can offer a substantial discount, please contact is about this, but no mention of how substantial
• 29/03/22 - Letter from Opos - we are now managing account, please contact us to make a payment arrangement.
• 21/04/22 - Balance wiped after affordability complaint.

I've had a great result on this one. After a very drawn out affordability complaint I made in 2021 Nationwide have refunded £16,000 which cleared the £11,000 balance and leaves me with a nice £5000. The default will be removed from my credit report too. I made the complaint on the off chance before I found this site, when the FOS investigator found against me I went down the CCA route but asked for it to go to an FOS ombudsman, and its just been resolved through them.