CCA for Egg/Barclaycard/PRA

[Night Monkey]

Nationwide have refunded £16,000

Now that is how to do it. Well done.

[Ballister]

Fantastic result

[The Tech Clerk]

Well Done = Result.

[Sparkles]

Now that is how to do it. Well done.

I'm very surprised about it. They made an offer that resulted in them paying out £16,000, if they hadn't made an offer the ombudsmans decision would have meant they only had to pay out £2000.

[Sparkles]

Virgin(MBNA) / Virgin

• Type of account - Credit card
• Account owner - Virgin (Originally Virgin administered by MBNA, then moved to Virgin in March 2015)
• Date commenced - April 2010
• Approx balance - £8,500
• 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.
• 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.
• 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.
• 23/10/23 - Account terminated

Virgin have finally defaulted this account, now back to silence.

[Still Waving]

Virgin have finally defaulted this account, now back to silence.

There appear to be a couple of omissions from your diary:

What was Niddy's opinion re CCA?
When did you complain to FOC?

You say back to silence now, but it appears your ongoing correspondence has been tacitly acknowledging the debt and restarting the SB clock each time.

[Roger]

There appear to be a couple of omissions from your diary:

What was Niddy's opinion re CCA?
When did you complain to FOC?

You say back to silence now, but it appears your ongoing correspondence has been tacitly acknowledging the debt and restarting the SB clock each time.

Still Waving
is 100% correct.

• 19/2/22 - CCA request sent to Virgin
• 24/3/22 - £1 CCA request cheque cashed

From this moment onward you should have been Silent which is the AAD current tactical approach!
Now through your letters and actions they have ALL of their ducks in a row don't they!

What may be important is this "Originally Virgin administered by MBNA, then moved to Virgin in March 2015" Documents concerning this may or may not be important!
When was this first reported to the Credit Reference Agencies (CRA's) ?

[Sparkles]

Virgin(MBNA) / Virgin

• Type of account - Credit card
• Account owner - Virgin (Originally Virgin administered by MBNA, then moved to Virgin in March 2015)
• Date commenced - April 2010
• 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 compensation refunded directly to my bank account.
• 23/10/23 - Account defaulted

I've updated the diary to include the missing details. I already had an affordability complaint in progress when I found this site. As that complaint was in progress and I was corresponding on it I didn't see any harm in complaining about the default to try and hurry that up. As Virgin had given me a default notice when the FOS adjudicator made their decision I decided to accept their view and leave it at that and not pursue any further. Maybe I was wrong to be pursuing multiple avenuess, but trying to get a clean credit record sooner was more important to me than the debt becoming statute barred. Now I've exhausted the other avenues I intend to stay completely silent.

I didn't get a reply from Niddy regarding the CCA. The CCA has MBNA listed as the lender and then in 2015 it was transferred to Virgin. The Virgin entry in my Credit Karma app has a start date of April 2010.

[Pat]

Hi Sparkles

If I’m honest it’s likely the cca request will be enforceable or if not fixable so it’s probably best you don’t know or chase at this point ( a recon is acceptable) and since April 2007 there is no necessity to prove you actually signed an agreement with all the prescribed terms).

If they want to go to court they would need to issue a DN anyway and that’s where the limitations clock starts ( remedy date).

I don’t think you did anything wrong, maybe you would do things differently in the future who knows.

You are right to stay silent now. If they sell it on - well let’s see if they do and who to. No point in thinking about multiple what ifs ( take my advice as I ain’t using it ??). That’s not advice by the way, just my opinion about what I would do.

Pat

[Roger]

I've updated the diary to include the missing details. I already had an affordability complaint in progress when I found this site. As that complaint was in progress and I was corresponding on it I didn't see any harm in complaining about the default to try and hurry that up. As Virgin had given me a default notice when the FOS adjudicator made their decision I decided to accept their view and leave it at that and not pursue any further. Maybe I was wrong to be pursuing multiple avenuess, but trying to get a clean credit record sooner was more important to me than the debt becoming statute barred. Now I've exhausted the other avenues I intend to stay completely silent.

I didn't get a reply from Niddy regarding the CCA. The CCA has MBNA listed as the lender and then in 2015 it was transferred to Virgin. The Virgin entry in my Credit Karma app has a start date of April 2010.

Thank you
Your Diary is very helpful to build up a picture of areas which raise perhaps more questions than answers.

You cite MBNA was listed as the lender! For the Credit Card!

For Instance the Karma Entry started April 2010 who was reporting the account VIRGIN?
Your concern is Credit Rating hence pushing for the Default Notice

Yes the Case Law now takes the starting date for SB from the DN and henced when the Account could legally be closed.
But what if the Account has already been closed and has been reported as such with the CRA'S by whom?
This is where some homework on your part is needed.

Virgin couldn't issue a S.78 for their Credit Card and ended up sending a DSAR to MBNA because MBNA was listed as the lender?
Now this is a gray area isn't it because "moved to Virgin in March 2015" hence the interest in who whom was reporting in 2010 and after 2015.
Also the S.78 is the starting terms and the latest terms (MBNA and Virgin do you see!)

What does move mean? Assignment of a CCA Account from MBNA to Virgin? Do you begin to see Assignments and indeed chains of Assignments create issues and problems! This is a complex area of Law.

Don't presume!
Homework check your paper work and CRA's reports hopeful from 2010 and especially around 2015 and onwards!

Just remembered ,goes back to a @Di observation, "Did you apply online for this Virgin MBNA credit card?"

A Watchful Silence

[Sparkles]

It has a Virgin logo on the contents page of the terms and conditions, but the terms and conditions and the credit agreement both reference MBNA. I don't have any credit reports going that far back unfortunately, the latest one I have is June 2021 which lists the Virgin card with a start date of 2010 and has green markers going back to a date in 2015 that was after the MBNA-Virgin transfer. I seem to remember having a letter saying that it had been transferred from Virgin but I don't have that any more so I can't check the details - at the time it seemed irrelevant. I did request a set of statments a few years ago and there were four from 2010 that they were unable to supply as they said they only keep them for 11 years, I don't know if that is relevant or not.

Yes I applied online for it - the CCA has a tickbox with an IP address under it.

[Pat]

From memory going back, MBNA credit cards were labelled with Virgin Money. I know this because I applied for a Virgin Money card and was turned down. When I queried it I was asked if I had an MBNA card. When I said yes I was told this was the reason I was turned down. There might be problems with this so-called white labelling I had a loan that was white labelled but when they sent the default notice, it didn’t agree with the names on the top of the agreement. That was almost £20,000 and it never went to court.

[Roger]

It has a Virgin logo on the contents page of the terms and conditions, but the terms and conditions and the credit agreement both reference MBNA. I don't have any credit reports going that far back unfortunately, the latest one I have is June 2021 which lists the Virgin card with a start date of 2010 and has green markers going back to a date in 2015 that was after the MBNA-Virgin transfer. I seem to remember having a letter saying that it had been transferred from Virgin but I don't have that any more so I can't check the details - at the time it seemed irrelevant. I did request a set of statments a few years ago and there were four from 2010 that they were unable to supply as they said they only keep them for 11 years, I don't know if that is relevant or not.

Yes I applied online for it - the CCA has a tickbox with an IP address under it.

See we are starting to build more information by looking at your Diary and searching AAD

https://all-about-debt.co.uk/forum/f...69#post1534969
"..
if you applied on line, there will be no signature, possibly a tick box, unless they sent out something for you to sign and send back.
In branch you should/would of signed an agreement of some sort
.."

This is one from Pat would have helped if there had been a Diary
"..Just want to add, for a loan taken out on line these days , they usually just ask you to tick a box and type in your name ( sometimes not even type in your name) - I was something of a master at PDL's in the past so I applied for just a few.."

This is a post from @Di
https://all-about-debt.co.uk/forum/d...86#post1511186

[Pat]

I think Spalrkles haps already said the cca had a tick box and IP address.
I know Barclaycard still send out agreements to be signed or at least they did to me.


Roger why would I do a diary for something that was over and done with long before I had even heard of AAD? The tick box came into being in 2005 , AAD was born in 2010 and I joined long after that.

I am beginning to feel stalked

[Sparkles]

From memory going back, MBNA credit cards were labelled with Virgin Money. I know this because I applied for a Virgin Money card and was turned down. When I queried it I was asked if I had an MBNA card. When I said yes I was told this was the reason I was turned down. There might be problems with this so-called white labelling I had a loan that was white labelled but when they sent the default notice, it didn’t agree with the names on the top of the agreement. That was almost £20,000 and it never went to court.

It looks the they did white labelling with mine, looking at the old statements the paying slip says MBNA and the direct debits on my bank statement did too. I definitely didn't go into a branch (what's one of those? ) and I don't recall signing anything (but obviously I can't be sure as it was over 13 years ago).

I don't think I can do anything now except wait and see what happens next. Fortunately I've vastly improved my financial position over the last few years, down from 8 debts to 3 and this is the only one that has much of a chance of legal action so I'm not too bothered about employing JCS if necessary.