SarahSarah Diary: UE and negotiating settlements

[Joanna Connolly Solicitors]

Anyone with experience of PRA have any advice?

Can you reply to my email please

Di

[SarahSarah]

• Bank Of Scotland then Lloyds TSB
• Credit card
• Approx 2001
• £6k
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• PRA Group

I requested the CCA and this debt was deemed UE by PRA Group. A few months later, I received a signed credit agreement. Not sure if that now makes this enforceable??

update 25th June 18: Niddy has seen the signed agreement and says that this one is enforceable. I’ll try and settle it, any experience with PRA Group anyone??
Update 30 June 18: Cancelled DMP. Payments no longer being made to this account.
2 July 18: Sent SAR to BOS.
3 July 18: The calls have started, recording telling me PRA Group are trying to get in touch.
early August: Changed my mobile number.
early Sept: Letter from PRA saying that if I don’t call to set up a payment plan, they may pursue me via the county court. Gave me 14 days to respond, which I haven’t.
October 18: I have now received a Letter Before Claim from PRA Group. It includes the box A-G form and and Income & Expenditure form. I have already sent a CCA to PRA and Niddy believes the agreement to be enforceable. Not sure what my next move should be? Particularly interested in what you have to say Di as I know you know PRA well.
November 18: Di Mayhew has looked at the credit agreement they returned to me and has pointed out a few things that make it unenforceable. I've responded to PRA with the completed form, ticking box D disputing that I owe the debt. Let's see what they come back with.

[Joanna Connolly Solicitors]

• Bank Of Scotland then Lloyds TSB
• Credit card
• Approx 2001
• £6k
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• PRA Group

November 18: Di Mayhew has looked at the credit agreement they returned to me and has pointed out a few things that make it unenforceable. I've responded to PRA with the completed form, ticking box D disputing that I owe the debt. Let's see what they come back with.

Perhaps it's safer to say a few things which 'may' make it unenforceable, because there's always the potential for a debt purchaser to remedy some flaws

Di

[SarahSarah]

• Bank Of Scotland then Lloyds TSB
• Credit card
• Approx 2001
• £6k
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• PRA Group

I requested the CCA and this debt was deemed UE by PRA Group. A few months later, I received a signed credit agreement. Not sure if that now makes this enforceable??

update 25th June 18: Niddy has seen the signed agreement and says that this one is enforceable. I’ll try and settle it, any experience with PRA Group anyone??
Update 30 June 18: Cancelled DMP. Payments no longer being made to this account.
2 July 18: Sent SAR to BOS.
3 July 18: The calls have started, recording telling me PRA Group are trying to get in touch.
early August: Changed my mobile number.
early Sept: Letter from PRA saying that if I don’t call to set up a payment plan, they may pursue me via the county court. Gave me 14 days to respond, which I haven’t.
October 18: I have now received a Letter Before Claim from PRA Group. It includes the box A-G form and and Income & Expenditure form. I have already sent a CCA to PRA and Niddy believes the agreement to be enforceable. Not sure what my next move should be? Particularly interested in what you have to say Di as I know you know PRA well.
November 18: Di Mayhew has looked at the credit agreement they returned to me and has pointed out a few things that make it unenforceable. I've responded to PRA with the completed form, ticking box D disputing that I owe the debt. Let's see what they come back with.
Jan 19: PRA wrote to say they can't reply to my "query" just now as they are awaiting a response from the original creditor. Filed.

[SarahSarah]

?????

• Royal Bank of Scotland
• Loan
• Jan 2007
• £17K
• Last full payment approx Oct 2007. Negotiated installment paid up to June 18.
• Arrangement via a DMC
• Delinquent
• AIC

I requested the CCA and received a "True Copy", no signed photocopy. I believe this one to be enforceable...?

update 25th June: Niddy reckons this one is unenforceable, no signed agreement. They say in their letter they are only obliged to send a true copy - is there a template I can use to ask again? I may fall into an actual faint if this whoppa is UE!

Update 27th June: reckons this one is UE as there is no signed agreement. Is the "Missing prescribed terms" template appropriate here? I'm confused as they refer in their letter to the doc they sent being a "True Copy" and the template asks for a true copy. Pic of letter attached along with a response from RBS saying that AIC will be collecting the debt "on their behalf". Is this a nice way of saying they have sold the debt and no longer have anything to do with it?
Diana Mayhew

Update 30th June 18: Changed from Defaulted to Active. I had this wrong previously, apologies. Thought it had defaulted with all the others.
2 July 18: Sent SAR to RBOS.
July 18: Letter from AIC asking to call to arrange payment as DM cancelled.
Sept 18: Letter from RBS saying that they have been unable to reach an agreement with me so the account has been passed to Allied International to act as collection agent. Confusing as it's been with Allied for years. On my credit file, this account was delinquent for years, then randomly changed to payments up to date for a few months then went into delinquency again. Is there any detrimental effect (any worse than 72+ months of delinquency!) to this bizarre scoring?
Feb 19: Letter from RBS saying that their previous collection agency has failed to agree a management plan with me so it has now been passed to a new collection agent - Zinc Group Ltd.

[Joanna Connolly Solicitors]

?????

• Royal Bank of Scotland
• Loan
• Jan 2007
• £17K
• Last full payment approx Oct 2007. Negotiated installment paid up to June 18.
• Arrangement via a DMC
• Delinquent
• AIC

I requested the CCA and received a "True Copy", no signed photocopy. I believe this one to be enforceable...?

update 25th June: Niddy reckons this one is unenforceable, no signed agreement. They say in their letter they are only obliged to send a true copy - is there a template I can use to ask again? I may fall into an actual faint if this whoppa is UE!

. . . . 2 July 18: Sent SAR to RBOS.

. . . . Feb 19: Letter from RBS saying that their previous collection agency has failed to agree a management plan with me so it has now been passed to a new collection agent - Zinc Group Ltd.

You'll get a few letters from Zinc then hopefully RBS will assign the debt to a debt purchaser.

You've been told the credit agreement is unenforceable so don't say, write or do anything which encourages them to dig deeper in case they discover what they need.

I can see you sent a SAR to RBS last July. Did you get the documents, and did they include any signed copy of the credit agreement? Because if there wasn't one then any debt purchaser who buys the debt won't be able to get one either.

Di

[SarahSarah]

Hi Di, thanks for your response. I never received anything in response to the SAR and I didn’t chase. I did receive a “true copy” of the credit agreement, which was in response to my CRA request before that but it’s not signed.

Zinc have sine sent a welcome letter.

[SarahSarah]

• Bank Of Scotland then Lloyds TSB
• Credit card
• Approx 2001
• £6k
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• PRA Group

I requested the CCA and this debt was deemed UE by PRA Group. A few months later, I received a signed credit agreement. Not sure if that now makes this enforceable??

update 25th June 18: Niddy has seen the signed agreement and says that this one is enforceable. I’ll try and settle it, any experience with PRA Group anyone??
Update 30 June 18: Cancelled DMP. Payments no longer being made to this account.
2 July 18: Sent SAR to BOS.
3 July 18: The calls have started, recording telling me PRA Group are trying to get in touch.
early August: Changed my mobile number.
early Sept: Letter from PRA saying that if I don’t call to set up a payment plan, they may pursue me via the county court. Gave me 14 days to respond, which I haven’t.
October 18: I have now received a Letter Before Claim from PRA Group. It includes the box A-G form and and Income & Expenditure form. I have already sent a CCA to PRA and Niddy believes the agreement to be enforceable. Not sure what my next move should be? Particularly interested in what you have to say Di as I know you know PRA well.
November 18: Di Mayhew has looked at the credit agreement they returned to me and has pointed out a few things that may make it unenforceable. I've responded to PRA with the completed form, ticking box D disputing that I owe the debt. Let's see what they come back with.
Feb 19: PRA sent an agreement which looks to be reconstituted
March 19: Letter from PRA advising they will continue to take this matter to court and issue proceedings in accordance with the Pre Action Protocol within the next 15 days. Diana Mayhew I have sent you copies of both of these letters (Feb & March).

Anyone been here with PRA and have advice?

[The Tech Clerk]

you are connected to Di who has more than most personal knowledge, await response

[Joanna Connolly Solicitors]

• Bank Of Scotland then Lloyds TSB
• Credit card
• Approx 2001
• £6k
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• PRA Group

I requested the CCA and this debt was deemed UE by PRA Group. A few months later, I received a signed credit agreement. Not sure if that now makes this enforceable??

update 25th June 18: Niddy has seen the signed agreement and says that this one is enforceable. I’ll try and settle it, any experience with PRA Group anyone??
Update 30 June 18: Cancelled DMP. Payments no longer being made to this account.
2 July 18: Sent SAR to BOS.
3 July 18: The calls have started, recording telling me PRA Group are trying to get in touch.
early August: Changed my mobile number.
early Sept: Letter from PRA saying that if I don’t call to set up a payment plan, they may pursue me via the county court. Gave me 14 days to respond, which I haven’t.
October 18: I have now received a Letter Before Claim from PRA Group. It includes the box A-G form and and Income & Expenditure form. I have already sent a CCA to PRA and Niddy believes the agreement to be enforceable. Not sure what my next move should be? Particularly interested in what you have to say Di as I know you know PRA well.
November 18: Di Mayhew has looked at the credit agreement they returned to me and has pointed out a few things that may make it unenforceable. I've responded to PRA with the completed form, ticking box D disputing that I owe the debt. Let's see what they come back with.
Feb 19: PRA sent an agreement which looks to be reconstituted
March 19: Letter from PRA advising they will continue to take this matter to court and issue proceedings in accordance with the Pre Action Protocol within the next 15 days. Diana Mayhew I have sent you copies of both of these letters (Feb & March).

Have you heard anything more from PRA following their threat to issue legal proceedings in March (following their Letter of Claim in October 2018)?

Di

[SarahSarah]

• Halifax
• Credit card
• Approx 2002
• £1,100
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• Cabot Financial (Europe) Ltd

I requested the CCA and this debt is currently considered UE by Cabot. Last settlement offer from them was £700.

Update 30 June 18: Cancelled DMP. Payments no longer being made to this account.
2 July 18: Sent SAR to BOS (nee Halifax).
Update 4 July 18: First letter from Cabot after cancelling DMP. Suggesting Step Change. Saying account now on hold for 14 days.
early Aug 18: received a response to SAR asking to sign my original letter. I have signed with a signature different to the one I used in 2002.
September 18: Received a statement of account showing 3 months with zero paid.
May 19: Letter from Cabot saying they have failed to make contact so will instruct "a company called Moorcroft to try to arrange a visit at your home to that they can put you back in touch with us". They go on to say they would rather speak to me within the next 7 days "or you'll receive a visit from Moorcroft".

[SarahSarah]

Just a little update from me...

A year in and I am more determined than ever to not pay another dime. Not because I didn't borrow money and owe it, but because I don't owe those who now own the debt. The very thought that people can so easily get themselves into a mess, just to make ends meet/ keep up/ survive and then their accounts are bought and sold for pennies while the consumer and society as a whole suffer, now makes me very cross indeed. I was in a financial hole but continued to pay towards my debts long after they were sold and resold. I paid via a DMC for 10 years. I wanted to do the right thing. Now I no longer believe that paying these new companies is the right thing.

There have been one or two moments when I've been worried what the next step would be, court action? Bailiffs? But this forum and the advice of Di Mayhew in particular have been a great wealth of information and inspiration. Just 5 more years to go....

P.S.
Diana Mayhew Whatta woman.

[The Tech Clerk]

Moorcroft - no powers hopeful commission agents, might ask Resolve to call (Old Scot call known to many as Snot call) if ever they turned (always some local pundit hoping to make a buck) tell them to close the gate on the way out - end of.

[Joanna Connolly Solicitors]

I paid via a DMC for 10 years. I wanted to do the right thing. Now I no longer believe that paying these new companies is the right thing.

There have been one or two moments when I've been worried what the next step would be, court action? Bailiffs? But this forum and the advice of Di Mayhew in particular have been a great wealth of information and inspiration. Just 5 more years to go....

P.S.
Diana Mayhew Whatta woman.

You were doing "the right thing" for ten long years until you felt you'd done enough and decided to use the Consumer Credit Act for what it was intended - to protect consumers from the bad practice of some creditors.

Thank you for your kind words. As most people know I do my best to help with potential PRA claims

Di

[SarahSarah]

• Halifax
• Credit card
• Approx 2002
• £1,100
• Last full payment approx Oct 2007. Negotiated installment paid up to date.
• Arrangement via a DMC
• Defaulted. Now dropped off credit file.
• Cabot Financial (Europe) Ltd

I requested the CCA and this debt is currently considered UE by Cabot. Last settlement offer from them was £700.

Update 30 June 18: Cancelled DMP. Payments no longer being made to this account.
2 July 18: Sent SAR to BOS (nee Halifax).
Update 4 July 18: First letter from Cabot after cancelling DMP. Suggesting Step Change. Saying account now on hold for 14 days.
early Aug 18: received a response to SAR asking to sign my original letter. I have signed with a signature different to the one I used in 2002.
September 18: Received a statement of account showing 3 months with zero paid.
May 19: Letter from Cabot saying they have failed to make contact so will instruct "a company called Moorcroft to try to arrange a visit at your home to that they can put you back in touch with us". They go on to say they would rather speak to me within the next 7 days "or you'll receive a visit from Moorcroft".
Julu 19: Letter from Moorcroft saying they may pay me a visit if I don't call to arrange payment. The standard letter.

Is the general theory with Moorcroft to ignore them or send a "Don't visit me" letter?