My debt diary - february17

[February17]

August 2019 update,

More PRA discount letters offering 20% discount, pay 80% - filed away,

Also received emails offering the same.

They will know I received and opened these emails as there is a gif that loads from a long custom url when the HTML email opens. Sneaky ;-)

[February17]

More discount letters have arrived from PRA

Previous letters received ages ago offered 10% discount with 90% to pay

The latest batch of letters have increased the discount to 20% with 80% to pay.

Will file these away as that discount wont tempt me

[February17]

That's what I thought, it was originally an Egg not Barclays, although Barclays must know it was an Egg card, maybe not....

PRA have been told by Barclays that there is no original application available so that is good I think

An entry on the logs in SAR shows where Barclays contacted 'Iron Mountain' (microfilm I think ) and the response is ' No Trace'

I feel better about this account now as it is £9000

[Joanna Connolly Solicitors]

Card 2
Barclaycard 1 - was an Egg card
Account opened in 1998
balance approx £9000

I paid reduced payments between March 2017 and December 2017 to Barclays until Barclays sold the account to PRA in early December 2017 so I stopped paying.
December 2017 - requested CCA from PRA
February 2018 - received details from PRA that they had obtained from Barclaycard. No signed agreement, just terms and conditions and what looks like some copy statements.
14th March 2018 - scanned and emailing to Niddy for his opinion.
23rd March - Niddy replied - this is unenforceable as no signed agreement


May 2019 - I requested SAR from Barclays and the information in the SAR shows that PRA where told by Barclays that there is no copy of original agreement on microfilm
The last response to PRA on the SAR clearly states ' RESPONSE: INFORMED PRA THAT COPY APP IS NOT AVAILABLE "

Perhaps the reason Barclaycard told PRA that a copy of your original application was unavailable is because you never made an application to Barclaycard - you opened your original account with Egg

Di

[February17]

Card 2
Barclaycard 1 - was an Egg card
Account opened in 1998
balance approx £9000

I paid reduced payments between March 2017 and December 2017 to Barclays until Barclays sold the account to PRA in early December 2017 so I stopped paying.
December 2017 - requested CCA from PRA
February 2018 - received details from PRA that they had obtained from Barclaycard. No signed agreement, just terms and conditions and what looks like some copy statements.
14th March 2018 - scanned and emailing to Niddy for his opinion.
23rd March - Niddy replied - this is unenforceable as no signed agreement

May 2018 - email received from PRA offering 10% off

September 2018 - regular phone call on weekday evenings between 8pm and 9pm - I don't answer.

October 2018 - Received a letter from Barclaycard with a small refund to my account.

It says 'Following a recent review of our operating procedures we have identified that for customers who had fallen behind with their payments we did not always meet our expected standards'

A refund of a few hundred pounds has been made to the balance that PRA group have.

Makes me suspicious as to why Barclaycard would be looking at my accounts again when sold on ages ago to PRA.

May 2019 - I requested SAR from Barclays and the information in the SAR shows that PRA where told by Barclays that there is no copy of original agreement on microfilm

The last response to PRA on the SAR clearly states ' RESPONSE: INFORMED PRA THAT COPY APP IS NOT AVAILABLE "

May 2019

[February17]

That's what I thought Di, it is annoying.

The SAR request I made to Barclays has arrived and one of the entries shows this as " REMEDIATION CR- £ <the amount in pounds and pence> "

So the credit is there on the account notes for the refund but not refunded to me.

[Joanna Connolly Solicitors]

PRA have sent a reconstituted agreement, I will send to Niddy for checking.
This is a Barclaycard from 2008 and the balance is now about £6800 as there was a part refund of a few hundred £ from Barclays sent to PRA, so they say.

Barclaycard owed that refund money to you not PRA!

I can see that Niddy has subsequently said that the recon credit agreement produced by PRA is unenforceable, but keep that Barclays refund letter safe in case things change in the future.

Di

[The Tech Clerk]

pre 2007 actual signed copy of original, after copy only, but still had??? was this it if so you did not complete post??

[February17]

just checking my post appears as the one I made yesterday didn't appear.

[February17]

The phone calls from PRA started again in mid March most evenings for a month that I ignored as I was out working.

This week in late April the phone calls have stopped?

Will wait and see what's next...

[February17]

Niddy replied to my email last week and confirms this is unenforceable as no signed agreement.

That is what I was hoping for as it took Barclays ages to cobble something together and send to PRA.

This is for a Barclays credit card that was opened in 2008 so does it need a signed document to be enforceable or will reconstituted be enough, just double checking

I remember reading that post 2007 was different to pre 2007.

Thanks.

[February17]

Thanks Tech Clark, I emailed Niddy on Thursday the 21st and will wait for a response.

[The Tech Clerk]

webmaster@all-about-debt.co.uk

[February17]

Card 3
Barclaycard 2
account opened 2008
balance approx £7000

I paid reduced payments from March 2017 until December 2017 when Barclays sold to PRA, I then stopped paying.
December 2017 - sent CCA request to PRA
December 2017 - reply from PRA that they will request information from Barclays.
March 2018 - Not received any copy agreement or anything for this account yet from PRA.
PRA phone Monthly, I politely remind them I am still waiting for my CCA request and they put the account on hold again, they have been pleasant so far.

-------------------------------------------------------------------
May 2018 - Still no agreement.
--------------------------------------------------------------------------
September 2018 - Still no agreement received for this one.
----------------------------------------------------------------------
October 2018 - Received a letter from Barclaycard with a small refund to my account.

It says 'Following a recent review of our operating procedures we have identified that for customers who had fallen behind with their payments we did not always meet our expected standards'

A refund of a few hundred pounds has been made to the balance that PRA group have.

Makes me suspicious as to why Barclaycard would be looking at my accounts again when sold on ages ago to PRA.

Also still no agreement of any kind obtained by PRA to my CCA request
----------------------------------------------------

Update March 2019:
PRA have now sent a reconstituted agreement. Took 15 months to produce it.

Basically a blank piece of paper that says ' YOUR RIGHT TO CANCEL: Once you have signed etc,etc', No signature just that blank page and then two separate terms and conditions from 2007 and 2014.
I will email this to Niddy for checking.

March 2019 and PRA have sent a reconstituted agreement, I will send to Niddy for checking.
This is a Barclaycard from 2008 and the balance is now about £6800 as there was a part refund of a few hundred £ from Barclays sent to PRA, so they say.

(All my figures I post are approximate to make it hard for anyone reading this forum from PRA to match figures here to any real data they have)

[Joanna Connolly Solicitors]

The phone calls from PRA are regular and often when I am working or in an evening, I have been ignoring them for months.

Should I send a 'missing prescribed terms' letter for each account that Niddy's advice says not enforceable or is that not a good idea ?

I am thinking that this may at least make PRA know why I am ignoring them and may lead to lower Settlement offers as I could raise some funds if needed to settle at a small percentage.

I expect PRA know jolly well why you're ignoring them since they've sent you unenforceable credit agreements in response to your s 77-79 CCA Requests

I wouldn't send them a letter saying the agreements were missing the prescribed terms in case it only encourages them to source or reconstitute a better version. Never tell them anything which could help them to remedy a flaw.

Di