F19FOX's UE diary

[Warwick65]

As The Tech Clerk says, they do now have 30 days to respond but that response might just be to tell you they need longer to gather the information.

I have to add, the one and only SAR I sent to Capital One made only one mention of lowell in the covering letter and no mention of Lowell asking for a copy of my credit agreement . It might have done but i didn't see it. There were pages and pages of it (as Di can attest to because i sent them all to her ). Most of it was in code which I didn't quite get .

[F19FOX]

As The Tech Clerk says, they do now have 30 days to respond but that response might just be to tell you they need longer to gather the information.

I have to add, the one and only SAR I sent to Capital One made only one mention of lowell in the covering letter and no mention of Lowell asking for a copy of my credit agreement . It might have done but i didn't see it. There were pages and pages of it (as Di can attest to because i sent them all to her ). Most of it was in code which I didn't quite get .

Thanks Warwick65

Yes Barclays has responded to my SAR within 30 days but the information sent sounds very much like yours from Capital One except they don't even mention Link once! So like Di says I was probably a bit premature when approaching Barclays with the SAR. At the speed Link are taking to respond to my CCA request, I think maybe I should have waited for a year

[F19FOX]

F19FOX's account number 6

MBNA - ORIGINALLY PLAY.COM

• Type of account - Credit card
• Date commenced - 21st July 2010
• Approx balance - £19,665
• Date last 'full' payment - 30th Oct 2015
• Arrangement - not paying
• Status - defaulted 31st May 2016
• Account owner - PRA Group

2015
OCT26/10 Advice from Stepchange (SC) to set up temporary payment arrangements of £1 with each of my creditors as my income is less than my expenses.
30/10 Posted SC templated temporary payment arrangement letters to all creditors offering £1 per month token payments. Included budget and list of creditors.

2016
JULDebt assigned to PRA Group
AUG 4/8 Posted temporary payment letter + budget + list of creditors to MBNA (Bromley address)
11/8 Posted temporary payment letter + budget + list of creditors to MBNA (Kilmarnock address)

2018
APR 27/4 Wrote to PRA to request copy of CCA.
MAY 2/5 Letter from PRA to confirm receipt of CCA request + account placed on hold until further notice.
JUN 2/6 cancelled all payments as account on hold awaiting CCA from PRA
8/6 SAR letter posted to MBNA
19/6 voicemail message received from MBNA asking me to call them regarding correspondence recently received from me. This must be in relation to my SAR letter. Also to note MBNA called me from a withheld number so I was unable to block it!
21/6 after dodging calls from MBNA for two days running they caught me unawares today. It was a brief call to confirm my identity and to say that as some of my SAR information may be recordings of calls then they will email that to me.
JUL 10/7 I've been dodging MBNA calls the past couple of days and today they caught me again. Another private caller on my mobile this time. It was however a very brief call to ask me if my DSAR (I'm assuming that is the same as a SAR?) was what I actually wanted or was it for PPI? I confirmed yes I wanted SAR and no its not for PPI. He then said he would send me the info I had requested and that there was quite a lot of it ... I wait to see ..
11/7 SAR/GDPR data received from MBNA via email. There are a lot of documents including statements, copies of letters, CCA. No mention tho of any contact from PRA to request CCA.
AUG 8/8 Letter received from PRA in response to my CCA request. Have enclosed a copy statement from 19th May 2016 and that's it! Letter does say they are awaiting further documents in order to complete my request and that the debt is currently UE.
11/8 Letter received from PRA dated 6th Aug 2018 with copy of CCA asking me to 'contact them within 10 days of receipt of the letter to discuss my account with me and come to a mutually acceptable agreement'.
12/8 Emailed copy of CCA to Niddy for his opinion.
13/8 NID says it's enforceable

OK so I've finally had a response to my CCA request from PRA and NID says its enforceable. There was an accompanying letter which said to contact them within 10 days of receipt of the letter to discuss my account and come to a mutually acceptable agreement. I received the letter on 11th Aug (although it's dated 6th). Any suggestions on what to do next please?

Thank you

[Joanna Connolly Solicitors]

I've finally had a response to my CCA request from PRA and NID says its enforceable. There was an accompanying letter which said to contact them within 10 days of receipt of the letter to discuss my account

An enforceable credit agreement doesn't necessarily mean a debt is enforceable in court and vice versa.

They need to have complied with all their other statutory duties such as the Default Notice, Notice of Sums in Arrears, Notice of Assignment and the all-important Deed of Assignment.

Did PRA's cover letter say anything about the agreement being reconstituted etc?

Was there any PPI on the account?

Di

[Warwick65]

Just to back up what Di has said, my original CCA request to Cap 1 was deemed enforceable and I have no reason to doubt that, however when it came to court there was no DN so we won, there were other arguments Jo had included in my defence however these were never tried because the lack of DN did it. We had argued no proper assignment and no regulatory notices - the regulatory notices are above my pay grade so can't help you on that . What I am trying to say is that Di is spot on (like she needs my endorsement :-) ) and there is much more to defending a claim than just a cca request.

[F19FOX]

An enforceable credit agreement doesn't necessarily mean a debt is enforceable in court and vice versa.

They need to have complied with all their other statutory duties such as the Default Notice, Notice of Sums in Arrears, Notice of Assignment and the all-important Deed of Assignment.

Did PRA's cover letter say anything about the agreement being reconstituted etc?

Was there any PPI on the account?

Di

Hello Di

Thank you for your posting and queries.

The cover letter from PRA merely said 'we have enclosed copy documents as requested'. There was no mention of reconstituted documents.

No there was no PPI on the account.

Looking through the SAR (tons of it!) response from MBNA I can see from one of their system entries that they have allegedly sent me three Notice of Sums in Arrears - although there aren't any actual copies of the said documents supplied. Also I cannot see anywhere within the SAR response any reference to a Default Notice being served and they have not supplied a copy of the Default Notice or Notice of Assignment or Deed of Assignment. Stupidly I destroyed most of the documents I received around the time of my debts defaulting so I don't have copies myself. I would have thought though that copies would be in the SAR response?? After all they have sent me lots of information and given how important these other documents are then I am surprised they are not there. In your experience should there be copies of such documents in the SAR response?

Thank you Di

[F19FOX]

Just to back up what Di has said, my original CCA request to Cap 1 was deemed enforceable and I have no reason to doubt that, however when it came to court there was no DN so we won, there were other arguments Jo had included in my defence however these were never tried because the lack of DN did it. We had argued no proper assignment and no regulatory notices - the regulatory notices are above my pay grade so can't help you on that . What I am trying to say is that Di is spot on (like she needs my endorsement :-) ) and there is much more to defending a claim than just a cca request.

Thank you Warwick65,

That helps me to keep thinking positive about it and I bow to both your and Di's knowledge and experience here. Really helps and I'm very appreciative! I'm certainly not giving up!

BTW I've updated the 'debt log' as they have now offered me a FFS of 10% off! I won't be rushing to pick the phone up and take them up on such a great offer! It's weird too because my other debt with them (no 5, MBNA Virgin) I have also received a similar FFS offer with 10% discount. Yet back in Nov 2017 for that debt they sent me a FFS offer with a 40% discount. Is that usual?!?

Thanks

[Warwick65]

I have had deb discounts go up and down, one has varied from 25 to 75 and then back to 50. Its SB now.

Was the original 40% soon after they bought the debt ? A quick turnround means instant profit for them

[F19FOX]

I have had deb discounts go up and down, one has varied from 25 to 75 and then back to 50. Its SB now.

Was the original 40% soon after they bought the debt ? A quick turnround means instant profit for them

It was about 15 months after PRA had purchased the debt. I have no idea how they decide what to offer as 'incentives to pay' the debts but I feel more re-assured knowing that your offers also went down as well as up!

Thanks Warwick65 and congratulations on the SB

[F19FOX]

F19FOX's account number 4

SANTANDER - ORIGINALLY ABBEY

• Type of account - Credit card
• Date commenced - 11th May 2009
• Approx balance - £4,294
• Date last 'full' payment - 30th Oct 2015
• Arrangement - not paying
• Status - defaulted 6th May 2016
• Account owner - Santander

2015
OCT26/10 Advice from Stepchange (SC) to set up temporary payment arrangements of £1 with each of my creditors as my income is less than my expenses.
30/10 Posted SC templated temporary payment arrangement letters to all creditors offering £1 per month token payments. Included budget and list of creditors.
7/11 Letter from Santander saying I have missed payment
13/11 Resent temporary payment letter + budget + list of creditors


2018
APR 27/4 Wrote to Santander to request copy of CCA
MAY20/5 I am pretty sure this was originally an Abbey credit card which was later rebranded to Santander. Thanks for the memory nudge Di
25/5 SAR letter posted to Santander
25/5 6 monthly statement received from Santander
29/5 SAR request signed for receipt from Royal Mail
JUN 2/6 cancelled all payments as nil response to CCA request
5/6 letter received from Santander acknowledging my SAR letter + committing to providing the information within 28 days
29/6 SAR response received from Santander. Comprising - cover letter (headed DPA 1988! Have they not heard of GDPR?), one pager credit agreement, one page DDM and 4 pages of transactions. Very surprised that there were no statements (even though I have received several from them previously) and no credit report which I requested in my SAR letter to them. Also interesting the credit agreement is in the name of Abbey!
SEP 22/9 letter received from Santander dated 17th Sept saying my account will now be managed by Robinson Way and to please speak to them from now on about my account. They will have a long wait
OCT 1/10 ltr received from Robinson Way dated 26th Sept confirming they are now managing my debt and asking me to contact them to agree an affordable plan .. blah blah blah ..ZZZZZZZZZZZZ

Hi

Quick question please. I have now received notification that my account is being managed by Robinson Way for my Santander debt. I have an outstanding CCA request to Santander BUT it was before I knew that I really needed to post it recorded delivery. So I have no proof that they ever received it. Should I therefore send another one and should this be to Robinson Way or Santander? Or should I just sit and wait and do nothing?

Thanks

[The Tech Clerk]

no harm requesting another Recorded delivery

[F19FOX]

Thanks The Tech Clerk. So would that be to Robinson Way or Santander? The debt is being managed by Robinson Way so still owned by Santander.

Thanks

[The Tech Clerk]

PRA Group who are the owners now = info Robbersway1

[F19FOX]

Huh?!? I'm confused The Tech Clerk. Have PRA taken them over??!? This debt is with Santander and it's being managed by Robinson Way .. or yeah more accurately Robbersway

[The Tech Clerk]

APR 27/4 Wrote to PRA to request copy of CCA.
MAY 2/5 Letter from PRA to confirm receipt of CCA r quote:- PRA own the debt? quote :- above

• Account owner - PRA Group as indicated #78