SarahSarah Diary: UE and negotiating settlements

[Joanna Connolly Solicitors]

In July 2013, Bank Of Scotland wrote to me to advise that it had assigned all of its respective rights, titles and interest (including the outstanding balance) to Aktiv Kapital Portfolioin Oslo. The total balance sold was £7,759.70. And that I should now contact Activ. My DMP did and set up a payment.

In Jan 2015, PRA Group wrote to me to say that the account was assigned to them from Aktiv Kapital. "This means we have been assigned all rights, title and interest ... and are entitled to all sums owed..... For your info on 6th Nov 2014 Aktiv Capital changed it's name to PRA Group".

I have been trying off and on to get info on whether I had PPI on this account since 2012, always with letters back (last one April this year) from BOS saying they either need more info or can't find any details on accounts held in my name etc etc.

In which case in order to enforce this debt in court PRA would need to prove the whole assignment chain (i.e. BOS to Aktiv Kapital and then to PRA.

We won a case in court recently where they were unable to do that.

If BOS can't find any details of accounts held in your name then how was PRA able to produce your credit agreement?

You need to get that SAR/GDPR request sent pronto.

And send one to all your other original creditors because at the moment you are boxing in the dark

Di

[Joanna Connolly Solicitors]

They said that it was currenty unenforceable because they are awaiting further documents, so no, not confirmed as UE yet. Apologies!

I have since realised that this debt will fall of my credit file in 2019, so I will just leave it and not seek a settlement.

So that means that this debt is temporarily unenforceable but that could change if they source or reconstitute the necessary documentation.

My advice is you treat each debt on a standalone basis. No two debts are the same. No two situations are the same.

I think you've done the right thing by seeking information on the whys and wherefores of unenforceability. Now it's time to apply that knowledge to the individual debts - with help from forum members obviously

You've been out of the loop with these debts for 10 years while your DMP managed them for you. You've paid £5k for their services so send them a SAR/GDPR to discover what's been really going on.

Di

[SarahSarah]

So that means that this debt is temporarily unenforceable but that could change if they source or reconstitute the necessary documentation.

My advice is you treat each debt on a standalone basis. No two debts are the same. No two situations are the same.

I think you've done the right thing by seeking information on the whys and wherefores of unenforceability. Now it's time to apply that knowledge to the individual debts - with help from forum members obviously

You've been out of the loop with these debts for 10 years while your DMP managed them for you. You've paid £5k for their services so send them a SAR/GDPR to discover what's been really going on.

Di

Wonderful, thanks so much Di. Will get copying and pasting SAR requests with gusto this weekend!

And I've set up a savings account to save the cash that would have been going to the DMP.

[SarahSarah]

(See this link for the the suggested letter of request) https://www.all-about-debt.co.uk/for...18#post1510818

Thank you for the link.

[SarahSarah]

I have SAR letters (using this template of Niddy's https://www.all-about-debt.co.uk/for...18#post1510818) ready to send to all 5 of these companies (the current chasers, not the original creditors).

Just to confirm, I'm not rushing this am I? Diana Mayhew suggested I get one out to my enforceable PRA one pronto, so have done them all while I was at it.

Many thanks.

A question on posting... Should I keep updating the individual debt posts on page 1 of this diary or copy and paste with updates so the updated post appears at the end of the thread? The Tech Clerk

[Joanna Connolly Solicitors]

I have SAR letters (using this template of Niddy's https://www.all-about-debt.co.uk/for...18#post1510818) ready to send to all 5 of these companies (the current chasers, not the original creditors).

The SAR requests go to the original creditors not the "current chasers".

Di

[SarahSarah]

The SAR requests go to the original creditors not the "current chasers".

Di

Glad I asked! Thank you.

[SarahSarah]

Maybe PRA are not 100% sure either

I asked because it's not uncommon for creditors to amalgamate a credit card/loan/overdraft before they assign the overall debt to a third party which can cause the debt purchaser legal problems.

Di

Hi Di,

The above is from someone else's diary but my RBS Loan, Overdraft & Current Account were amalgamated. Should I list all three on my SAR request? Niddy's post says you should include your reference.

Many thanks.

[Joanna Connolly Solicitors]

my RBS Loan, Overdraft & Current Account were amalgamated. Should I list all three on my SAR request?

RBS must send you everything they have on file.

Have you moved address since the accounts were opened in case they have trouble locating the data?

Di

[SarahSarah]

RBS must send you everything they have on file.

Have you moved address since the accounts were opened in case they have trouble locating the data?

Di

Yes but I've been in regular contact with them. They definitely know who and where I am...!

[Spud]

Yes but I've been in regular contact with them. They definitely know who and where I am...!

In which case then in theory they should then send anything that they hold about YOU....... which includes all accounts

If it were me I would include the account numbers ( Such as Lloyds Bank credit card XXXX XXXX XXXX XXXX) at the top just to be on the safe side

And of course you only have to send each creditor one request no matter how many accounts/products are with them

[Joanna Connolly Solicitors]

If it were me I would include the account numbers ( Such as Lloyds Bank credit card XXXX XXXX XXXX XXXX) at the top just to be on the safe side

And of course you only have to send each creditor one request no matter how many accounts/products are with them

Although there’s always the possibility that the original creditor has ‘temporarily lost’ information on their system which may make life difficult for a subsequent debt purchaser if they (debt purchaser) seeks/needs the information in order to prove the debt.

My personal feeling is never impart with any information unless absolutely necessary.

If the OP raises awareness of the situation (data confusion) then the original creditor could fix the problem (thanks to the OPs help) and then provide the debt purchaser with what they need.

This can be particularly relevant to situations where debts have been amalgated by the original creditor before assigning the debt.

Di

[Spud]

A very fair and important point well made Di.......Remind me never to enter into a game of Poker with you

[SarahSarah]

I’’ve had SAR responses from MBNA & Halifax asking for more info on ID. I’m a bit confused about how much I should give away... card number and DOB? Niddy says only 6 years worth of addresses. I’ve had one previous address in 6 years and these accounts defaulted 11 years ago.

Thoughts?

[Roger]

Have a read of the following Blog. between. Niddy points out you should send ID
The Tech Clerk
&
Never-In-Doubt
https://www.all-about-debt.co.uk/for...-and-responses

Well as they have written to you they have your current address. So send copies of two items sic.
The GDPR doesn't actually require an Account Number so don't give it! The GDPR and SAR are what they hold about you!!

1/ Copy of say a driving licence

PLUS

2/ A Copy of a Utility Bill within last three months.