CCA for Egg/Barclaycard/PRA

[Roger]

Here is an interesting thought
if you get a call response it should be MBNA and the default notice would be Virgin but only if there is a compliant notice of assignment. If no notice of assignment is received it would be MBNA.

Dont beat yourself up about sending the CCA request, what have they replied with, what name’s at the top? - I had this with one credit card and they did not default it until I went to token payments.

Remember a cca request should include the agreement with terms and conditions at inception , terms and conditions at defaults - that might be interesting as Virgin defaulted you. It should also include a statement of account.

If you read both myself and Nightwatch have had resolvecall threats. NW has said noting has happened and mine is now with the FOS

My advise is chase Never-In-Doubt up about the CCA you have sent.
A Good Diary in this Case has of course thrown up issues.
The issue over the Default Notice could be considered as evidence of acknowledgement of the Debt!

But Intrum may not be aware of pre Assignment correspondence!!! Why alert them!!

So proceed with Silence if Resolvecall turn up simply politely refuse to answer any questions and ask them to close the gate on the way out!

[Dottir]

The CRA's shouldn't be reporting the same Debt for more than 6 years. !

Just noticed this. It is not exactly true. If you were in a non defaulted AP then they will report until 6 years after the debt is cleared. Once defaulted it is 6 years from then.


I do agree with Roger that there is no need to alert intrum to any potential faults at the moment.


My comments above were aimed at hopefully highlighting some potential problems and showing you , if needed there might be some defences, thus relieving any anxiety. It’s nice to know there are potential problems for the creditors.

[Roger]

The AAD Diaries great strength is because over time tactics and indeed the Law changes in other words retrospective reviews and hindsight.

The CRA's reporting is NOT supposed to be abused and the Diaries highlight these abusive tactics by DCA's and others deliberately penalise those who have found themselves in Debt through no fault of their own!
No they cannot turn 6 years into 12 plus years!

Actually this is the moment to have stopped ALL communications!!!! The FOS and pushing for Default Notice etc.. are an admission of Debt!

• 24/3/22 - £1 CCA request cheque cashed

The Old AAD advice was after sending S.78 plus £1 and evidence of receipt! SILENCE
If you had you would be now looking at a 24/4/28 as a Statute Bar Date!

£250 in my view isn't adequate recompense for 12 years of trashed Credit!!!

Already there are concerns and questions over the CCA 74 including more than just the S.78!!

It is very unlikely that Intrum know anything of this!
So do not alert them!!!

[Dottir]

Roger
Can you show me that showing a payment arrangement can only be shown for 6 years. As far as I understand it, it is the date of default that starts the 6 year recording limit.

A cca request does not acknowledge the debt which is what you seem to suggest but it is not clear. Your posts always seem rushed.

[Roger]

Roger
Can you show me that showing a payment arrangement can only be shown for 6 years. As far as I understand it, it is the date of default that starts the 6 year recording limit.

A cca request does not acknowledge the debt which is what you seem to suggest but it is not clear. Your posts always seem rushed.

A default notice is typically issued by a lender when you’ve missed three to six months’ worth of payments on a credit agreement. It serves as a formal letter, informing you of the problem with your account and the lender’s intention to collect payment. You’ll have 14 days to repay any outstanding amount before a ‘black mark’ is added to your credit file.
Remember, if your credit agreement falls under the Consumer Credit Act (1974), the lender must issue a default notice before taking legal action. Taking this notice seriously is crucial, as it can impact your credit file for over six years

Read the Diaries!

All I have done is comment on certain issues within the Diary and highlighted these!
Whilst the S.78 is outstanding the Debt is UE thats the CCA Law. Hence AAD advice is after sending a valid S.78 and with evidence of posting etc.. SILENCE because how confident is the Lender in their CCA!
Sparkles Should have kept SILENT.

[Dottir]

I know exactly what a DN is however 1) if you are in a DMP and your payment is greater than The contractual payment ( even with frozen interest) there might be no DN until you stop paying or b) some lenders will mark your credit file as AP ( arrangement to pay) and not default you. Now that might be a bit naughty but it still happens. In fact you said the old AAD advice as to keep quiet. As you go on so much about tactics changing the obvious assumption is that that advice was wrong when it’s not.

[Roger]

I know exactly what a DN is however 1) if you are in a DMP and your payment is greater than The contractual payment ( even with frozen interest) there might be no DN until you stop paying or b) some lenders will mark your credit file as AP ( arrangement to pay) and not default you. Now that might be a bit naughty but it still happens. In fact you said the old AAD advice as to keep quiet. As you go on so much about tactics changing the obvious assumption is that that advice was wrong when it’s not.

Date commenced - April 2010
CRAs say started April 2010, and Intrum have been reporting it since February 2024.
Date last 'full' payment - June 2021

18/12/22 - Complaint submitted to Virgin about failure to default account
11/10/23 - Complaint about failure to default upheld by FOS £250 compenstation refunded directly to my bank account.
14/10/23 - Account defaulted
Entering an arrangement to pay will be reported to the credit reference agencies and can stay on your credit file for up to 6 years.
Thats from April 2010 to October 2023
Intrum Feb 2024 plus 6 more years?

Go and read the Diaries its all there
At one time after sending a valid S.78 there were stock letters for dealing with responses.
However later the Suggestion was that after sending a S.78 SILENCE
And these days the suggestion is you don't automatically send a S.78
AAD advice in my own case and many many others has proven to be correct!

I suggest you talk to JCS the first enquiry is FREE
But then where is your Diary?

[Dottir]

Roger I’m afraid I can not unravel what you are saying. The account will have been reported from 2010 until 2021 with any late or missed payments showing. The last full payment was 2021 but not sure if there was an AP or no payments. The account was eventually defaulted in 2023.

If I need to talk to a solicitor I will but only if it’s necessary.

Whose suggestion is it that you don’t automatically send a S77-79 request ?

I see you actually had at least one claim so it doesn’t always go as planned. How did they go?

[Dottir]

Just want to add you harass myself and others for a diary but I have noticed some of the prolific posters do not have diaries PlanB

[Roger]

Dottir
Simply before I found AAD I was doing what you encourage others to do!
Actually with surprisingly good results!
BUT more luck than judgement JCS picked up my Case where I had actually played into the DCA's hands through doing precisely what you recommend!
JCS defeated a very agressive DCA.

That was a very hard lesson what was threatened was a Life times work.
Like so many it was the Banking crash that left me in Debit.

Here is the hard lesson!

The DCA's buy for pennies in the pound the Account from the Original Lenders and with the Account the outstanding Debt.
The Original Lenders write off the Debt for Tax Purposes. Guess what we are taxpayers!
Its a Global Industry and they use AI and top Lawyers to pursue not just the Debt but maximise what they can get out of these Accounts.
So the lesson is don't engage with them! Do your homework and yes a Diary because over time and with others you can see the flaws, see the areas of their weakness.

But if you engage with them all you are doing is placing yourself at the TOP of their work to do list!
When you actually want to be at the bottom!
The Accounts are purchased in tranches and very little if anything is passed over from the Original Lender to the DCA so why encourage them to go LOOKING?

So the lesson is DON'T be a barrack room Lawyer!

@Sparkes Your Diary is helping you and indeed others, I have pointed at areas of contention here!

Dottir is selfish! Won't show his Debts!! Oh no!!! Ask the question Why?

As for the CRA's I have had success with complaints BUT also understand that this is an admission of Debt and thus extends the Statute Bar doesn't it?
But what would a judge make of a DCA or lender deliberately trashing over years anothers CREDIT!
This is precisely what the Debt Collection business is about it isn't a Charity and yet funds Charities and sites that ADVISE the Debtors!
That is another lesson learned the hard way!

SILENCE and a Good AAD Diary is a formulae that I and so many others have learned.
Mine are Statue Barred but I still follow the rule of SILENCE.

I and my family owe a great deal to JCS including peace of mind!

And as there is not my Diary and most certainly NOT Dottir I will not be engaging in a points ping pong!

[Still Waving]

Just want to add you harass myself and others for a diary but I have noticed some of the prolific posters do not have diaries PlanB

Dottir

I'm not sure who your comment is aimed at, but I can guess. PlanB has not been active here for at least a couple of years. As for myself, my alleged debts all became SB 6 years ago, and all follow up action has ceased. However, my diary is still available on the site, as is PlanB's. But they are now historic, and there has been nothing to update on mine for several years.

I do concur with Roger, that there is some similarity with certain other recent posters, about you. That's all I have to say on the matter.

Be lucky.

[Sparkles]

Thanks for the comments, I'll keep quiet and update with any further developments. As I mentioned before, in hindsight I can see I should have handled things differently, but at the time I had been following the advice from debt camel, and had some good affordability complaints wins. As I saw it then the choice was between getting an admission of unenforcability or repaying the debt, the idea that somewhere like JCS could potentially defeat any claim or that the owner might not even claim before it became statute barred hadn't even crossed my mind. I hope that the diary stands as an example of how things can pan out so others can decide how they want to handle things.

[Dottir]

Dottir

I'm not sure who your comment is aimed at, but I can guess. PlanB has not been active here for at least a couple of years. As for myself, my alleged debts all became SB 6 years ago, and all follow up action has ceased. However, my diary is still available on the site, as is PlanB's. But they are now historic, and there has been nothing to update on mine for several years.

I do concur with Roger, that there is some similarity with certain other recent posters, about you. That's all I have to say on the matter.

Be lucky.

My comments were aimed at Roger and his rather rude post above kind of makes my point.
I have used AAD to guide me for many years along with other resources such as Sara Williams.

I believe every case has its own challenges and I am still not sure who says (apart from Roger) that the AAD way has changed. As far as I can see, the basic templates are still there, the basic tenets still apply.

I understand that your accounts are time barred but Roger has not updated his diary for many years, some he has just left hanging. He has unfortunately had some claims but I do wonder if he was using goodf because he says he put in a counter claim. If that is the case no wonder he needed JCS to get him out of the poo.

Just for the record, Dottir is part of my Nordic surname but it is not uncommon as it means —-well I will leave that hanging

can you link me to PlanB because I can not find her diary.

[Roger]

Thanks for the comments, I'll keep quiet and update with any further developments. As I mentioned before, in hindsight I can see I should have handled things differently, but at the time I had been following the advice from debt camel, and had some good affordability complaints wins. As I saw it then the choice was between getting an admission of unenforcability or repaying the debt, the idea that somewhere like JCS could potentially defeat any claim or that the owner might not even claim before it became statute barred hadn't even crossed my mind. I hope that the diary stands as an example of how things can pan out so others can decide how they want to handle things.

Sparkles
Your Diary does stand as a good example.
My own also as an example of following poor advice from elsewhere.

With hindsight actually all my debts were actually UE. Each was flawed. I know this because of AAD Diaries and excellent and timely advice given by members.
I also understand about affordability wins. Battling against CAR's.

The DCA's read and trawl AAD and other sites.
Actually often a Good Diary with comments prevents being sued!

Silence doesn't mean doing nothing on the contrary it is a great tactical weapon.

LBC well AAD notice is also aware that the Claimant might not actually be Authorised to SUE.