Blodwen's UE Journey

[Joanna Connolly Solicitors]

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

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

[Blodwen]

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

[Blodwen]

send copy cca to webmaster@all-about-debt.co.uk for checking

Thank you Tech Clerk I will do this thanks for advice.

[The Tech Clerk]

send copy cca to webmaster@all-about-debt.co.uk for checking

[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.

Good Afternoon - we have received another letter from PRA which is inclusive of a reconstituted copy of an agreement with MBNA and one years worth of statements. Also included is an I and E form. They have placed the account on hold for 30 days. Does this mean that after the 30 days they are more likely to issue proceedings against us, using the reconstituted copy?

[Blodwen]

What happened to this MBNA account after it was defaulted in 2012?

Was it assigned to anyone else before it was assigned to PRA, and do you know when (what year) it was assigned to PRA?

Does the name Experto Credite or Aktiv Kapital mean anything to you?

Di

Thank you for your reply Di, Sorry for my late one.....

It was assigned to Aktiv Kapital in 2012 after default. According to our DMP paperwork it was then assigned from MBNA to PRA in early 2014.

Thank you

[Joanna Connolly Solicitors]

We are really concerned this is now going to go all the way, however the only response we have ever received to our CCA request a a couple of monthly statements.

What happened to this MBNA account after it was defaulted in 2012?

Was it assigned to anyone else before it was assigned to PRA, and do you know when (what year) it was assigned to PRA?

Does the name Experto Credite or Aktiv Kapital mean anything to you?

Di

[Blodwen]

MBNA

• Credit Card
• Date Commenced - November 2007
• Approx Balance - £10,000
• Status - Default July 2012
• Date Last Paid – Full Payment November 2011
• Are you on arrangement or not paying – Date last paid via DMP August 2017
• Account Owner – PRA

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

11^th August 2017 – Quick turnaround from PRA returning our postal order and requesting further information from original lender.

13^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..

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

September 2018 - Letter from PRA responding to our CCA request - documents enclosed were merely a few CC statements.Noted and Filed at this stage.

October 2018 - "Settle your Account" letter received from PRA - Noted and Filed.

December 2018 - Letter from PRA informing us they have purchased the alleged outstanding debt from MBNA and is now being managed by their investigation and litigation department - Noted and Filed.

December 2018 - LBC and I&E Forms received from PRA - We have 4 weeks to respond or they may issue court proceedings - Paperwork completed and will be returned by Royal Mail Signed for Service before the due date. Noted and Filed.

January 2019 - LBC forms completed and returned to PRA Group. Copies filed.

January 2019 - Letter from PRA "Account on Hold" pending investigation with regards to our dispute. - Noted and Filed.

January 2019 - Letter from PRA - informing us they are satisfied they have issued all details previously requested. They request we contact them or they may issue court proceedings. - Action - To seek Further advice.

Good Morning

An update re our LBC journey!! We have received a response whereby they inform us they are satisfied with the treatment of the account and have complied with our CCA request. The letter refers to "attached Agreement and T & C's enclosed, however there was nothing in the envelope other than the letter - no enclosures or attachments. It is currently in litigation process and failure to respond to this letter may result in a claim being issued against us.

We are really concerned this is now going to go all the way, however the only response we have ever received to our CCA request a a couple of monthly statements. Any advice from you would be greatly appreciated. Thank you.

[MisterK]

Well no harm done fortunately. Actually I'm not convinced anyway that sending the doorstep letter is the best thing to do as it might even increase the otherwise small chance of a doorstep visit. The logic to it is that by sending the letter you're possibly telling them that you're likely to be at home and are bothered about it. This might encourage them. There's a lot to be said for maintaining radio silence. By not sending the letter they are more in the dark about whether you're likely to be there or not and therefore perhaps less likely to visit depending how far they have to travel.

But others may disagree with that.

It's always going to be true that some AAD'ers may be more vulnerable to a doorstep visit than others. Not answering the door is a good solution if you can spot them first and manage to figure out that they haven't really come to read the meter in spite of the uniform. Otherwise a quick "be on your way" or words to that effect will be most effective. It is a minor irritation really as they cannot force you to speak to them. I think that DCA's might find "threat of doorstep visit" a useful tool in their limited armoury but really it's more of a threat to those who haven't found AAD and so are not as well clued up.

[Blodwen]

RBS Cards (Mint)

• Credit Card
• Date Commenced – April 2008 £ 6,042
• Approx Balance - £7,000
• 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 – Cabot Financial

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

August 2017 - Letter from Cabot informing us they are the new legal owner of the account and the account will be looked after by Westcot. Stapled to this letter was a copy letter from Mint informing us that in July 2017 are our account was assigned to Cabot Financial (UK) Limited who are now the legal owners of the debt.It goes on to say that Westcot will manage our account on behalf of Cabot Financial (UK) Limited.

22nd September 2017 - Letter off RBS with copy of T&C’s – Emailed to Niddy who has informed us they are enforceable.

Since emailing this to Niddy we have since found our original welcome letter from Mint. These weren't emailed to Niddy at the time as we have only just located them.



[

April 2018 - "Welcome back to Cabot letter received". Our account was managed by Wescot and Cabot now wish to work with us directly. On the right hand side of the letter it states Current Creditor is "Cabot Financial UK Limited." The UK is not within brackets (UK) as it was on the initial copy letter from Mint in July 2017. Noted and Filed.

May 2018 - "Your Balance is waiting to be paid" letter received from Cabot Financial UK Limited. - Noted and Filed.

June 2018 - "Statement of Account" received stating it is from Cabot Financial (Europe) Limited as the owner of the account.The transactions and dates showing are rather confusing and show that there are a couple of payments having been made to Westcot during 2017. I will have to double check this with the SAR which we have received from our DMP provider at the time and come back to update the dairy with my findings. Noted and Filed.

June 2018 - Letter from Cabot Financial UK Limited requesting we contact them to arrange a new payment plan.These letters get confusing as the last correspondence stated Cabot Financial Europe but this one clearly states Cabot Financial UK Limited on the right hand side of the letter. Noted and Filed.

June 2018 - Letter from Cabot Financial UK Limited requesting we contact them to arrange a new budge plan, letter is inclusive of an I & S expenditure sheet for completion. Noted and Filed.

July 2018 - Letter from Cabot Financial UK Limited requesting we contact them to discuss our current budget, inclusive of and I and E! - Noted and Filed.

October 2018 - "We have not Heard from You" letter received from Cabot Financial Ltd - requesting we contact them to arrange payment. - Noted and Filed.

November 2018 - Letter from Cabot Financial UK Limited requesting we contact them to arrange payment - Noted and Filed.

December 2018 - Letter from Cabot Financial UK Limited informing us they are instructing an external company to pay us a doorstep visit in order to put us back in touch with them. We have 7 days to respond to their letter!!

December 2018 - Doorstep visit letter forwarded to Cabot Financial UK, using AAD Template, sent recorded delivery. Royal Mail website checked for safe arrival and signed for signature printed off and filed away safely.

December 2018 - Letter received from Resolvecall informing us if we do not contact them within 7 days they will follow up with a doorstep visit.Noted and Filed as we have already sent the doorstep visit AAD template letter to Cabot.

December 2018 - Letter from Cabot Financial noting our comments with regards to our "Doorstep Visit" Letter to them. They have requested we contact them to arrange payment. - Noted and Filed.

January 2018 - Received a "Doorstep Visit" from Resolvecall even after Cabot Financial acknowledged our letter to them!! - Noted and Filed.

Good Evening - Well even after sending Cabot a "Doorstep Visit" letter and them acknowledging it they still instruct Resolve to make a doorstep visit!!! We were not at home but my son was. He didn't answer the door.

[Blodwen]

Morning Spud......so very true and every day I am grateful that we have this place to turn to as we couldn't do this without you all.

[Spud]

Absolutely the right way of thinking........So glad to hear that you have this in hand already.........As I have just commented on another diary regarding PRA - Knowledge conquers fear.......How true it is

[Blodwen]

MBNA

• Credit Card
• Date Commenced - November 2007
• Approx Balance - £10,000
• Status - Default July 2012
• Date Last Paid – Full Payment November 2011
• Are you on arrangement or not paying – Date last paid via DMP August 2017
• Account Owner – PRA

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

11^th August 2017 – Quick turnaround from PRA returning our postal order and requesting further information from original lender.

13^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..

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

September 2018 - Letter from PRA responding to our CCA request - documents enclosed were merely a few CC statements.Noted and Filed at this stage.

October 2018 - "Settle your Account" letter received from PRA - Noted and Filed.

December 2018 - Letter from PRA informing us they have purchased the alleged outstanding debt from MBNA and is now being managed by their investigation and litigation department - Noted and Filed.

December 2018 - LBC and I&E Forms received from PRA - We have 4 weeks to respond or they may issue court proceedings - Paperwork completed and will be returned by Royal Mail Signed for Service before the due date. Noted and Filed.

Good Morning - PRA are being very proactive at the moment......another LBC letter dropped on the mat over the festive season but thanks to a conversation with Diana Mayhew earlier in December this letter didn't have us wanting to run for the hills in blind panic!!! This letter is identical to a previous one received within our thread and will be treated in exactly the same way as the previous one. Two separate lbc forms completed and will be forwarded via signed for delivery prior to the lbc date. Strange how they recently informed us they have purchased the alleged debt from MBNA recently when we have paperwork stating PRA have owned this for an age now!! We await their next move with confidence that we have fabulous people to turn to for advice along the way.

[The Tech Clerk]

yep

[Blodwen]

RBS Cards (Mint)

• Credit Card
• Date Commenced – April 2008 £ 6,042
• Approx Balance - £7,000
• 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 – Cabot Financial

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

August 2017 - Letter from Cabot informing us they are the new legal owner of the account and the account will be looked after by Westcot. Stapled to this letter was a copy letter from Mint informing us that in July 2017 are our account was assigned to Cabot Financial (UK) Limited who are now the legal owners of the debt.It goes on to say that Westcot will manage our account on behalf of Cabot Financial (UK) Limited.

22nd September 2017 - Letter off RBS with copy of T&C’s – Emailed to Niddy who has informed us they are enforceable.

Since emailing this to Niddy we have since found our original welcome letter from Mint. These weren't emailed to Niddy at the time as we have only just located them.





April 2018 - "Welcome back to Cabot letter received". Our account was managed by Wescot and Cabot now wish to work with us directly. On the right hand side of the letter it states Current Creditor is "Cabot Financial UK Limited." The UK is not within brackets (UK) as it was on the initial copy letter from Mint in July 2017. Noted and Filed.

May 2018 - "Your Balance is waiting to be paid" letter received from Cabot Financial UK Limited. - Noted and Filed.

June 2018 - "Statement of Account" received stating it is from Cabot Financial (Europe) Limited as the owner of the account.The transactions and dates showing are rather confusing and show that there are a couple of payments having been made to Westcot during 2017. I will have to double check this with the SAR which we have received from our DMP provider at the time and come back to update the dairy with my findings. Noted and Filed.

June 2018 - Letter from Cabot Financial UK Limited requesting we contact them to arrange a new payment plan.These letters get confusing as the last correspondence stated Cabot Financial Europe but this one clearly states Cabot Financial UK Limited on the right hand side of the letter. Noted and Filed.

June 2018 - Letter from Cabot Financial UK Limited requesting we contact them to arrange a new budge plan, letter is inclusive of an I & S expenditure sheet for completion. Noted and Filed.

July 2018 - Letter from Cabot Financial UK Limited requesting we contact them to discuss our current budget, inclusive of and I and E! - Noted and Filed.

October 2018 - "We have not Heard from You" letter received from Cabot Financial Ltd - requesting we contact them to arrange payment. - Noted and Filed.

November 2018 - Letter from Cabot Financial UK Limited requesting we contact them to arrange payment - Noted and Filed.

December 2018 - Letter from Cabot Financial UK Limited informing us they are instructing an external company to pay us a doorstep visit in order to put us back in touch with them. We have 7 days to respond to their letter!!

December 2018 - Doorstep visit letter forwarded to Cabot Financial UK, using AAD Template, sent recorded delivery. Royal Mail website checked for safe arrival and signed for signature printed off and filed away safely.

December 2018 - Letter received from Resolvecall informing us if we do not contact them within 7 days they will follow up with a doorstep visit.Noted and Filed as we have already sent the doorstep visit AAD template letter to Cabot.

Good Evening................following on from sending the AAD doorstep template letter, we have now received a letter from Resolvecall stating if we do not contact them within 7 days it will lead to a doorstep visit. Do we simply ignore this latest letter? The initial letter to Cabot was signed for and a copy of the signature has been filed safely.