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  • Floridajen
    replied
    Originally posted by Diana Mayhew View Post


    What was Barclays response to your CCA Request? Did they ignore it or say it wasn't relevant?

    Since 2012 banks have been renewing overdraft facilities on an annual basis. This makes them fall under s78 CCA (running account credit). Did Barclays send you a renewal in 2012/2013?

    If this account was opened over 20 years ago Barclays may struggle to find the original paperwork which they would need to evidence their claim if it went to court.

    Was this a sole account or a joint account? If the latter did you and Hubby open it together on the same day at the same time, or was it opened by only one of you and then the other was added to the account?

    Update your thread if/when you hear anything from Barclays. Hopefully they'll sell you on now that you're not paying them every month.

    Di
    Hi Di, no response was received from my CCA but they did reply two my F & F offers with a big fat NO unless I increase it or provide further evidence of my situation?
    I cannot locate renewal paperwork from 2012/13.
    We think this was originally my husbands account and I then got added on but this was over 25 years ago.
    I will update if I hear anything from them

    Leave a comment:


  • Floridajen
    replied
    Originally posted by Diana Mayhew View Post


    I see that your last contractual payment was in 2013 but Barclaycard didn't send you a Default Notice until 2015. This prolongs the time the default will show on your CRA file by a couple of years. If they had defaulted you in 2013 (which they should have done) the whole account entry would vanish from your CRA file next year. However it will now remain on view until 2021.

    No need to do anything about that now, but keep it in mind for the future.

    The good news is Niddy says the credit agreement is unenforceable

    Did the covering letter from PRA (in response to your CCA Request) admit that the credit agreement was reconstituted?

    When you get the next letter from PRA update your thread for suggestions on your next step.

    Di
    Hi Di, the letter from PRA following my CCA request first stated that it was unenforceable as they were awaiting further documents. I then received another letter strangely dated the next day!!! Saying they are enclosing documents as requested. This was a reconstituted copy of credit agreement and copy of terms. Please contact them within 10 days etc

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Floridajen View Post
    Debt 6 last one the biggy
    • Type of account (credit card/loan) Barclayloan
    • Date commenced (ideally before Apr 2007) Jan 2013
    • Approx balance. £18,500
    • 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 advising DD cancelled
    letter received 87 (1)
    letter advising proposal from Stepchange
    statement received

    2014
    letter arrears notice
    advising receipt of payment from Stepchange
    Arrears notice
    statement

    2015
    arrears notice
    receipt of payment from stepchange
    arrears notice
    advising re kept of payment proposal
    statement

    2016
    arrears notice
    arrears notice
    thanks us for letting them know about Stepchange
    letter advising transferring account to PRA
    statement
    letter from PRA advising purchased account
    letter from Barclays advising formal notice of transfer

    2017
    letter from PRA account summary
    letter from PRA 86B

    2018
    I requested CCA with £1 PO
    they sent back PO account on hold
    letter enclosing copy statements but stating
    ​​​they are currently unable to provide a copy of original agreement so cannot satisfy my request. This does not mean that debt has been written off despite being unenforceable!!!!!

    I would just mention that loans except the biggy were all done online

    And now the 'biggy' as you call it

    If this loan wasn't opened online, then how was it opened?

    I see it was opened in January 2013 and also defaulted in the same year so what is the backstory of this debt?

    It's good news that PRA have admitted the debt it's currently unenforceable because they don't have the documentation they need to comply with your s77-79 CCA Request. It's basically time to hold your breath until they make the next move if/when they source or reconstitute the paperwork. I doubt they'll walk away without making an effort. We'll see.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Floridajen View Post
    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

    Yet again Barclaycard didn't default you until around two years after you made your last monthly contractual payment.

    Can you remember when you opened the account and whether it was Barclaycard from the outset or could it have been Egg, Goldfish or Morgan Stanley Dean Witter?

    You have a letter from PRA stating the account is unenforceable so keep that safe.

    Post on your thread if they send you any more documents which could change the current unenforceable status.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Floridajen View Post
    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

    Do you have any idea when you opened this credit card account? And can you remember how you opened it or whether it was a branded card?

    MBNA frequently added PPI to accounts so see if you recall having done that.

    At the moment Link have not responded to your CCA Request. I don't know what date you sent it but if they've not produced the credit agreement within the statutory time-frame then this debt will be unenforceable until or unless they do comply.

    If this account was defaulted in 2014 it won't fall off your credit file until 2020 - not long to go

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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. £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)
    I see that PRA may have sent you a Notice of Sum in Arrears (s 86B) in 2016. Is this the first time you've been sent one of these since you defaulted on the loan in 2013? Have you been sent any more Notice of Sums in Arrears since that one in 2016?

    If it was defaulted in 2013 then the whole account entry should fall off the CRA files next year.

    The credit agreement may be enforceable but there are many other reasons for a debt to be unenforceable.

    Was this loan in joint names or a sole name, and was there PPI attached?

    What was the purpose of this loan? Was it to consolidate other financial products which you may have had with Barclays or to purchase a car etc? How much was the loan at the outset?

    Sorry for all the questions but it makes sense to take a holistic view of a debt in order to speculate on what may happen next.

    Di



    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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. 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 was Barclays response to your CCA Request? Did they ignore it or say it wasn't relevant?

    Since 2012 banks have been renewing overdraft facilities on an annual basis. This makes them fall under s78 CCA (running account credit). Did Barclays send you a renewal in 2012/2013?

    If this account was opened over 20 years ago Barclays may struggle to find the original paperwork which they would need to evidence their claim if it went to court.

    Was this a sole account or a joint account? If the latter did you and Hubby open it together on the same day at the same time, or was it opened by only one of you and then the other was added to the account?

    Update your thread if/when you hear anything from Barclays. Hopefully they'll sell you on now that you're not paying them every month.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Floridajen View Post

    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

    I see that your last contractual payment was in 2013 but Barclaycard didn't send you a Default Notice until 2015. This prolongs the time the default will show on your CRA file by a couple of years. If they had defaulted you in 2013 (which they should have done) the whole account entry would vanish from your CRA file next year. However it will now remain on view until 2021.

    No need to do anything about that now, but keep it in mind for the future.

    The good news is Niddy says the credit agreement is unenforceable

    Did the covering letter from PRA (in response to your CCA Request) admit that the credit agreement was reconstituted?

    When you get the next letter from PRA update your thread for suggestions on your next step.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Diana Mayhew View Post


    I haven't received any email from you (I've checked my Junk folder too) so why not re-send it to the email address in my forum signature which is di@joannaconnollysolicitors.co.uk and I'll reply after the weekend

    Di

    We've now exchanged emails

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Floridajen View Post

    I have emailed but no reply but I understand she is very busy
    just really worried

    I haven't received any email from you (I've checked my Junk folder too) so why not re-send it to the email address in my forum signature which is di@joannaconnollysolicitors.co.uk and I'll reply after the weekend

    Di

    Leave a comment:


  • Floridajen
    replied
    Originally posted by Roger View Post


    Diana Mayhew

    Warwick pointed how busy Di is have you emailed her or has she been in touch with you?

    I
    I have emailed but no reply but I understand she is very busy
    just really worried as to if I should be paying any of my debts

    Leave a comment:


  • Roger
    replied
    Originally posted by Diana Mayhew View Post
    My advice is the OP should not send anything to anyone until the full facts are known.
    Di

    Originally posted by Floridajen View Post
    ..we had so many loans with Barclays (all done online) and that we needed a smaller monthly payment as we were struggling that we contacted Barclays and they offered the solution of a loan to consolidate them ..

    Originally posted by Floridajen View Post
    Original was for £25000 and yes we own our property (mortgaged).
    I am really worried as I don't know whether i should be paying something to all 6 debts or sending a template of some kind?

    Thanks

    Diana Mayhew

    Warwick pointed how busy Di is have you emailed her or has she been in touch with you?

    I

    Leave a comment:


  • Warwick65
    replied
    There is only so much that Di can do unless a claim comes however I would personally be dropping her an email but be warned she is a very busy person and has to prioritise when she replies.

    Leave a comment:


  • Roger
    replied
    Originally posted by Diana Mayhew View Post
    My advice is the OP should not send anything to anyone until the full facts are known.
    Di
    Originally posted by Floridajen View Post
    ..we had so many loans with Barclays (all done online) and that we needed a smaller monthly payment as we were struggling that we contacted Barclays and they offered the solution of a loan to consolidate them ..
    Originally posted by Floridajen View Post
    Original was for £25000 and yes we own our property (mortgaged).
    I am really worried as I don't know whether i should be paying something to all 6 debts or sending a template of some kind?
    Thanks

    Diana Mayhew

    Leave a comment:


  • Floridajen
    replied
    Originally posted by Warwick65 View Post
    Hi
    As still waving says, bailiffs are a long way off.
    Fist they would have to issue a claim
    Then they would have to win
    Then you would have to fail to make the payments
    Then they would have to go to court.

    Can I ask, just how much was the barclay loan for originally

    Another question, do you own your property
    Original was for £25000 and yes we own our property (mortgaged).
    I am really worried as I don't know whether i should be paying something to all 6 debts or sending a template of some kind?

    Thanks

    Leave a comment:

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