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**Warwick65** · 11 July 2018, 20:30

Well that's good news. You haven't actually said when you opened the account , the CCA response should give you a clue.

The fact PRA have told you it is unenforceable is a letter you need to keep

Just a couple of questions

1) Are you still paying?
2) Did the letter from PRA say it was unenforceable while they were locating the agreement and since then they have sent one?

**Floridajen** · 11 July 2018, 21:02

Hi. Thanks for reading.

in answer to your questions
1) have not paid for two months now since I sent CCA
2) first letter said while they look for letters etc it is unenforceable then the following day !! a letter was sent with reconstituted copy and copy statements

i have looked at agreement date on PRA letter and this state's 08/05/2001.

**Roger** · 11 July 2018, 21:10

Now is the time to send SAR/GDPR`s to
1/ Stepchange
2/ Barclaycard.
You need to fill in a lot of background details here with both Barclaycard and PRA.
As Warwick points out PRA are known to come back with located agreements!!

**Joanna Connolly Solicitors** · 11 July 2018, 21:46

Originally posted by Roger View Post

Now is the time to send SAR/GDPR`s to
1/ Stepchange
2/ Barclaycard.

My advice is the OP should not send anything to anyone until the full facts are known.

Di

**Joanna Connolly Solicitors** · 11 July 2018, 22:20

Originally posted by Floridajen View Post

1) have not paid for two months now since I sent CCA
2) first letter said while they look for letters etc it is unenforceable then the following day !! a letter was sent with reconstituted copy and copy statements

If PRA have sent you a reconstituted copy of your credit agreement in response to your s77-79 CCA Request then I suggest you email that to Niddy for an opinion on whether it's likely to be enforceable or unenforceable.

Email it to webmaster@all-about-debt.co.uk.

EDIT - I see you've already done that and the verdict was the agreement is unenforceable

Di

**Joanna Connolly Solicitors** · 11 July 2018, 22:27

Originally posted by Warwick65 View Post

You haven't actually said when you opened the account , the CCA response should give you a clue.

As I understand it the CCA response from PRA indicates that the account was opened on the 8th May 2001 which may be a clue.

Whether that's true or not is another matter

Originally posted by Floridajen View Post

a letter was sent with reconstituted copy and copy statements

i have looked at agreement date on PRA letter and this state's 08/05/2001.

Di

**Joanna Connolly Solicitors** · 11 July 2018, 22:35

Originally posted by Roger View Post

PRA are known to come back with located agreements!!

This is true.

But in the case of PRA Group (UK) Ltd v Diana Mayhew (me

) the two credit agreements they produced were deemed irredeemably unenforceable by the judge (Recorder) in court so the claim was lost >

Originally posted by Joanna Connolly View Post

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”

So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.

Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.

After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.

Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.

This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.

Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Di

**Floridajen** · 14 July 2018, 18:40

Debt 2

Type of account (credit card/loan) Overdraft Barclays
Date commenced (ideally before Apr 2007) accounts opened 20+ years ago
Approx balance. 1500
Date last paid (approximate date you last made a FULL payment) ??
Are you on arrangement or not paying. Was paying Stepchange till 2018
Status (default/in arrears/up-to-date) Default
Account owner (who is writing to you, a DCA or the lender. DCA. Barclays collections

2014
June letter from BARCLAYS received stating payment received via Stepchange
October letter from BARCLAYS Received stating payment received and accepted from Stepchange

2015
Letter received asking for 12 monthly review
Letter received accepting payments from Stepchange
letter received accepting new payments ( 90p more)

2016
Letter received thanking me for letting them know Stepchange are dealing with payments!
Letter accepting payments from Stepchange

2017
letter asking for 12 month review
letter accepting payment from Stepchange (£5 less)

2018
letter accepting new payment (80p more)
I sent a CCA not realising you cannot for overdrafts.
Letter sent by me offering F&F of £150.00
letter received stating not prepared to accept offer. Will reconsider if I can increase or provide further evidence of situation.
I sent letter offering £175.00 as a F&F
letter received stating again not prepared to accept etc... as before

What should I do next folks? Thanks

**Floridajen** · 14 July 2018, 19:09

Debt 3

Type of account (credit card/loan) Barclayloan Plus
Date commenced (ideally before Apr 2007) 20th October 2011
Approx balance. £3000
Date last paid (approximate date you last made a FULL payment) 2013
Are you on arrangement or not paying. Was paying Stepchange till 2018
Status (default/in arrears/up-to-date) Default
Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group

2013
letter received from Barclays advising I had cancelled the DD
letter received advising missed a payment
Letter received Notice of Default section 87 (1)
letter received advising receipt of payment proposal

2014
letter received Arrears Notice
letter received Arrears Notice
statement received
letter received stating receipt of offer of payment
letter received Arrears Notice

2015
letter received Arrears Notice
letter from Barclays Arrears Notice
letter received from Barclays 12 month review
letter received advising they are in receipt of payment from Stepchange

2016
Arrears Notice received
Arrears Notice received
letter received from Barclays thanking us for providing details of Stepchange
letter received from Barclays advising offer of payment received
received from Barclays advising transfer to PRA Group
statement received from Barclays
letter received from Barclays saying transfer now complete
letter received from PRA Group saying they purchased debt
letter received from PRA Group section 86B
letter received from PRA Group statement of account

2017
letter received from PRA Group statement of account

2018
I sent a CCA request with £1 postal order
letter received back from PRA Group returning PO and account on hold
letter received from PRA enclosing copy documents as requested.
(sent all to Niddy who thinks enforceable)
????

Next steps please ? Thanks

Letter received 4th September along with numerous phone calls to which we have not answered....

Letter asks if we can settle account and giving three option
pay a discount price (couple hundred off)
three monthly instalments
six monthly instalments

please call us to arrange .......

what should we do please??
would ideally like the calls to stop

**Roger** · 14 July 2018, 19:22

Next step a GDPR SAR to Barclays.
Was there any PPI?
What is the background to this Loan?
Does the name Mercer appear in any of your documents?

**Floridajen** · 14 July 2018, 19:28

Debt 4

Type of account (credit card/loan) MBNA Card
Date commenced (ideally before Apr 2007) ????
Approx balance. £5500
Date last paid (approximate date you last made a FULL payment) 2013
Are you on arrangement or not paying. Was paying Stepchange till 2018
Status (default/in arrears/up-to-date) Default
Account owner (who is writing to you, a DCA or the lender. DCA. LINK Financial

2013
letter received from MBNA advising account restricted as we told them about financial situation
Accepting payment from Stepchange

2014
letter received from MBNA notice of sum in arrears
Again as above
Again as above
Default notice 87(1)
letter asking if financial situation has changed
letter received Notice of sum in arrears
letter stating credit agreement terminated
letter advising they are selling account
letter received from Link advising they have account now
letter received from Link advising offer received to them via Stepchange

2015
letter received from Link statement of account

2016
letter from Link statement of account
letter from Link statement of account

2017
letter from Link statement of account
letter from Link statement ofaccount

2018
I sent CCA request with PO for £1
NO reply as yet

**Floridajen** · 14 July 2018, 19:48

Debt 5

Type of account (credit card/loan) Barclaycard
Date commenced (ideally before Apr 2007) ????
Approx balance. £1900
Date last paid (approximate date you last made a FULL payment) 2013
Are you on arrangement or not paying. Was paying Stepchange till 2018
Status (default/in arrears/up-to-date) Default
Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group

2013
statement received from Barclaycard
letter received thanking me for letting them know about stepchange

2014
Monthly statements received
letter from Barclaycard advising they have had payment offer from stepchange

2015
Monthly statements received
Default letter 87 (1)
letter from Barclaycard Formal Demand
as above
letter advising account transferring to PRA Group
letter advising account now closed
letter from PRA Group saying they have purchased account

2016
letter from PRA statement of account

2017
Letter from PRA account summary

2018
I sent CCA request with £1 PO
I received PO back with PO account of hold
letter from PRA enclosing some documents but stating unenforceable
letter enclosing copy documents as requested
emailed to Niddy - he thinks UE

Thanks for any help ---- 5 down 1 more debt to add - sorry if you are all bored x

Letter received 4th September along with numerous phone calls to which we have not answered....

Letter asks if we can settle account and giving three option
pay a discount price (couple hundred off)
three monthly instalments
six monthly instalments

please call us to arrange .......

what should we do please??
would ideally like the calls to stop

**Warwick65** · 14 July 2018, 20:01

Originally posted by Floridajen View Post

Debt 2

Type of account (credit card/loan) Overdraft Barclays
Date commenced (ideally before Apr 2007) accounts opened 20+ years ago
Approx balance. 1535.85
Date last paid (approximate date you last made a FULL payment) ??
Are you on arrangement or not paying. Was paying Stepchange till June 2018
Status (default/in arrears/up-to-date) Default
Account owner (who is writing to you, a DCA or the lender. DCA. Barclays collections

2014
June letter from BARCLAYS received stating payment received via Stepchange
October letter from BARCLAYS Received stating payment received and accepted from Stepchange

2015
September letter received asking for 12 monthly review
October letter received accepting payments from Stepchange
October letter received accepting new payments ( 90p more)

2016
September letter received thanking me for letting them know Stepchange are dealing with payments!
September letter accepting payments from Stepchange

2017
August letter asking for 12 month review
August letter accepting payment from Stepchange (£5 less)

2018
January letter accepting new payment (80p more)
9th May I sent a CCA not realising you cannot for overdrafts.
1st June Letter sent by me offering F&F of £150.00
14th June letter received stating not prepared to accept offer. Will reconsider if I can increase or provide further evidence of situation.
25th June I sent letter offering £175.00 as a F&F
3rd July letter received stating again not prepared to accept etc... as before

What should I do next folks? Thanks

If you are looking for a full and final settlement you would need to show them that a) You can not afford to be paying and b) the total offered is reasonable and based on pro rata to all your creditors.

So for example you may want to send an Income and Expenditure carefully and accurately worked out THAT SHOWS a minimal monthly surplus income that when divided pro rata would give them pence per month followed by a letter explaining where the lump sum had come from e.g a relative is prepared to lend me the money and how it would work out across all your creditors at whatever % you offer.

My personal feeling is that when you just write and offer a lump sum they will think you have more and are trying it on. Also remember everytime you write you are acknowledging the debt

I do wonder if at the moment if a general GDPR request to barclays for everything they holdmight not be a bad idea.

**Warwick65** · 14 July 2018, 20:03

Originally posted by Floridajen View Post

Debt 3

Type of account (credit card/loan) Barclayloan Plus
Date commenced (ideally before Apr 2007) 20th October 2011
Approx balance. £3219.27
Date last paid (approximate date you last made a FULL payment) September 2013
Are you on arrangement or not paying. Was paying Stepchange till June 2018
Status (default/in arrears/up-to-date) Default
Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group

2013
November letter received from Barclays advising I had cancelled the DD
November letter received advising missed a payment
November letter received Notice of Default section 87 (1)
December letter received advising receipt of payment proposal

2014
January letter received Arrears Notice
June letter received Arrears Notice
October statement received
October letter received stating receipt of offer of payment
November letter received Arrears Notice

2015
April letter received Arrears Notice
September letter from Barclays Arrears Notice
September letter received from Barclays 12 month review
October letter received advising they are in receipt of payment from Stepchange

2016
February Arrears Notice received
July Arrears Notice received
September letter received from Barclays thanking us for providing details of Stepchange
September letter received from Barclays advising offer of payment received
September received from Barclays advising transfer to PRA Group
October statement received from Barclays
November letter received from Barclays saying transfer now complete
November letter received from PRA Group saying they purchased debt
December letter received from PRA Group section 86B
December letter received from PRA Group statement of account

2017
December letter received from PRA Group statement of account

2018
14th May I sent a CCA request with £1 postal order
18th May letter received back from PRA Group returning PO and account on hold
26th June letter received from PRA enclosing copy documents as requested.
(sent all to Niddy who thinks enforceable)

Next steps please ? Thanks

Not a lot to do at the moment , maybe have a look at the DN from 2013 to see if it is compliant- there are lots more ways to deal with a loan than just the agreement. As its 2011 though, it might be a little more troublesome

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