Florida Jens diary

[Floridajen]

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

[Floridajen]

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

[Joanna Connolly Solicitors]

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 >

‘“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

[Joanna Connolly Solicitors]

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

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]

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]

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

[Roger]

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!!

[Floridajen]

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.

[Warwick65]

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]

Ok here we go. 6 debts in total so I will try and do a post for each.

be gentle with me I am a newbie to this site

Debt 1

• Type of account (credit card/loan) Barclaycard
• Date commenced (ideally before Apr 2007) ???
• Approx balance. Approx 7000
• Date last paid (approximate date you last made a FULL payment) 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
statement received paid minimum payment
statement received nil paid
letter received stating they didn't receive payment

2014
statement received stating payment received via Stepchange
same every month for rest of year
letter sent advising situation not changed
letter received saying thank you for letter payments will stay same

2015
statement
statement
letter received section 87 (1)

2016
statement from PRA

2018
Stopped payments via Stepchange want to go Self managed
May CCA request made
postal order sent back with letter stating account on hold
letter from PRA stating unenforceable
letter received stating enclosed copy docs as requested. Received reconstituted copy, terms and conditions and a copy statement.


I emailed Niddy who advises unenforceable

APOLOGIES NOT IN COLOURs I am on an iPad and don't know how to do?

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