Blodwen's UE Journey

[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]

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.

[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]

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

[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?

[The Tech Clerk]

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

[Blodwen]

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

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

[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

[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

[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..

[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.

[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.

[Never-In-Doubt]

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

[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

[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.