Blodwen's UE Journey

[Blodwen]

Fabulous - Huge Thank you both Di and Cymru for your advice. SAR letter amended and going in the post today to MBNA

[Joanna Connolly Solicitors]

I am compiling my SAR to MBNA - is it the Advanced SAR template that I use please and omit the line that refers to payment of £10.00? Also am I correct in stating that I don't cc PRA into the correspondence? One last thing.....I have two addresses for MBNA,

Definitely do not copy PRA into your correspondence!

Debt purchasers don't necessarily have access to information held by the original creditor.

However if they (debt purchaser) know you've got documents (because you tell them you've sent a SAR to MBNA) then they can make an application for disclosure to the court to force you to hand over the paperwork you've got as a result of your SAR if legal proceedings are issued.

There's a list of SAR addresses on this thread here > https://all-about-debt.co.uk/forum/d...-sar-addresses


Di

[cymruambyth]

Hi you are right, you no longer have to pay, just amend the letter accordingly.

[Blodwen]

Hi.......I am compiling my SAR to MBNA - is it the Advanced SAR template that I use please and omit the line that refers to payment of £10.00? Also am I correct in stating that I don't cc PRA into the correspondence? One last thing.....I have two addresses for MBNA, I'm not sure which one to use

Good Morning, does anyone have any advice regarding the above please? Thank you

[Blodwen]

Hi.......I am compiling my SAR to MBNA - is it the Advanced SAR template that I use please and omit the line that refers to payment of £10.00? Also am I correct in stating that I don't cc PRA into the correspondence? One last thing.....I have two addresses for MBNA, I'm not sure which one to use

Morning - does anyone have any advice re the above please thank you

[Blodwen]

Thank you Roger, I will get a SAR sent off to MBNA tomorrow

Hi.......I am compiling my SAR to MBNA - is it the Advanced SAR template that I use please and omit the line that refers to payment of £10.00? Also am I correct in stating that I don't cc PRA into the correspondence? One last thing.....I have two addresses for MBNA, I'm not sure which one to use

[Blodwen]

In this Case yes because the SAR will pick up the correspondence between PRA and MBNA that resulted in those reconstituted documents.
Remember that S.77/78 (plus £1) is for information purposes not PROOF.

Thank you Roger, I will get a SAR sent off to MBNA tomorrow

[Roger]

Do you expert people think now is the right time to send a SAR to MBNA just in case PRA issue a claim after the 30 days are up? Thanks.

In this Case yes because the SAR will pick up the correspondence between PRA and MBNA that resulted in those reconstituted documents.
Remember that S.77/78 (plus £1) is for information purposes not PROOF.

[Blodwen]

MBNA

• Credit Card - Formerly Virgin CC
• Date Commenced February 2006
• Approx Balance £4,000
• Date Last Paid – Full Payment November 2011
• Status – Default July 2012
• Are you on arrangement or not paying – Date Last Paid via DMP August 2017
• Account Owner – PRA Group UK

7th August 2017 – CCA sent to PRA recorded delivery with Postal Order.

August 2017 - Postal Order returned from PRA - account placed on hold until they retrieve further information. Noted and Filed.

11^th September 2017 – Letter from PRA including some documentation, which according to their letter states this is currently unenforceable and they are awaiting further documentation in order to complete the CCA request. They have acknowledged at this moment in time they are unable to take court or further enforcement action against us to recover the outstanding balance. They have informed us they are still legally entitled to request their funds etc etc.. Noted and Filed

26^th October 2017 – No Further contact has been from PRA and my payment to them has ceased.

February 2018 - Statement of Account received from PRA. - Noted and Filed.

October 2018 - Could you Settle Your Account Letter from PRA Group. Noted and Filed.

November 2018 - Letter informing us PRA Group have purchased the outstanding balance from MBNA Ltd - Very confused at this stage as all paperwork previously stated that PRA group owned the debt!

December 2018 - LBC Letter received from PRA group - we have 30 days to respond.

December 2018 - LBC forms completed and returned to PRA. Copies filed.

January 2019 - Letter received from PRA informing us our account has been placed on hold for 30 days to enable them to provide us with a full response.- Noted and Filed.

February 2019 - Letter from PRA inclusive of Reconstituted copy of the agreement with MBNA and copies of statements but only a years worth. They mentioned in their letter that they already provided us with this information between two certain dates, however we didn't receive this information. They have placed our account on hold for 30 days. Noted and Filed and seeking advice.

February 2019 - Reconstituted documents have been checked by Niddy and he has deemed them enforecable. - contemplating my next step.

Do you expert people think now is the right time to send a SAR to MBNA just in case PRA issue a claim after the 30 days are up? Thanks.

[Blodwen]

Sorry - missed this! As Di says, try not to worry - there is more than one way to skin a cat and from the docs you sent I felt it would be hard to argue UE on s.78 basis alone; there are many other alternatives. If anything send them to Di / Jo and see what they think - I only give an opinion on the basis of arguing UE on what they've sent.

It could well be totally unlawful / UE in other elements. So don't get too downhearted

Thank you Niddy for your help and support today, your opinion is very much appreciated. I will keep you posted on what is happening.

[Never-In-Doubt]

Having taken Tech Clerk's advice I sent the documents to Niddy and sadly the reconstituted documents are enforceable. I envisage the next step from PRA will now be to issue court proceedings after the 30 day hold is lifted. Is it worth sending an SAR now or will this be futile with the documents being deemed enforceable? Just contemplating my next step

Sorry - missed this! As Di says, try not to worry - there is more than one way to skin a cat and from the docs you sent I felt it would be hard to argue UE on s.78 basis alone; there are many other alternatives. If anything send them to Di / Jo and see what they think - I only give an opinion on the basis of arguing UE on what they've sent.

It could well be totally unlawful / UE in other elements. So don't get too downhearted

[Never-In-Doubt]

Hi - how is things? Are PRA threatening court...?

[Blodwen]

I am so pleased I have got this forum to turn to. I am particularly feeling the stress of it all today. PRA have been very active in the last couple of months. My nerves are taking a wee bit of a hammering on this journey!! Thank you for this place to come for help and advice.

[Blodwen]

I've replied to your PM

There's more to winning a case than just a credit agreement.

The debt owner has to prove that they actually own the debt and have legal title to claim it. This account was assigned to Aktiv Kapital before PRA wasn't it?

Di

Thank you Di........yes I can confirm this was assigned to Aktiv Kapital prior to PRA.

[MisterK]

Hi Blodwen, sorry to hear Niddy says its not UE. But that's only one of the hurdles they have to overcome. Also they may not issue court proceedings. I'm sure someone will be along soon to advise you but my guess is that sending an SAR will not be futile at all as this may well uncover difficulties for them. Perhaps now is the time to do this, but I'm sure someone else will confirm that for you. This sounds to me like a step closer to a claim being issued but you're not there yet by any means..