Florida Jens diary

[Warwick65]

Debt 5

• Type of account (credit card/loan) Barclaycard
• Date commenced (ideally before Apr 2007) ????
• Approx balance. £1838.71
• 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
December statement received from Barclaycard
December letter received thanking me for letting them know about stepchange

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

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

2016
September letter from PRA statement of account

2017
Letter from PRA account summary

2018
14th May I sent CCA request with £1 PO
16th May I received PO back with PO account of hold
June letter from PRA enclosing some documents but stating unenforceable
June 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

Same as my last answer - look at the DN, Does the agreement say when it was signed? Was what they sent you a recon or a copy of a signed agreement?

[Warwick65]

Debt 4

• Type of account (credit card/loan) MBNA Card
• Date commenced (ideally before Apr 2007) ????
• Approx balance. £5479.82
• 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. LINK Financial

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

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

2015
September letter received from Link statement of account

2016
March letter from Link statement of account
September letter from Link statement of account

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

2018
14th May I sent CCA request with PO for £1
NO reply as yet

Nothing to do as of yet but because I like to line my ducks up - have a look at the DN . Might be a little premature to SAR MBNA just yet

[Floridajen]

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!!!!!

Well that's all debts typed out. Thank you if you are still awake. I would just mention that loans except the biggy were all done online, I don't know if this changes things ???
Any help whatsoever would be gratefully received. Xx

[Floridajen]

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?

Hi
NO PPI that we are aware of
background = loan taken out online just to help pay other debts etc took about 10 mins in total if I remember correctly
Nothing mentioning Mercer

Thanks

[Warwick65]

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!!!!!

Well that's all debts typed out. Thank you if you are still awake. I would just mention that loans except the biggy were all done online, I don't know if this changes things ???
Any help whatsoever would be gratefully received. Xx

This may well be one for Diana Mayhew should you ever get anything close to a letter of claim . As it is £18.5K it would go fast track and there would be cost implications so getting proper legal advice would be very important.

[Floridajen]

Any help as to if I should be paying? Thanks

[Still Waving]

Hi

Have you currently stopped paying any/all of these accounts?


With regard to Debt 2 (Barclays overdraft) what was Barclays response to your CCA request? (There is a CCA request template for overdrafts, but leave that for the moment.) I would not be making any further F&F offers for the time being.

Debt 4 MBNA card. I would do nothing for the time being, as the they are in default until such time as they produce the agreement in response to your CCA request. Was that sent by recorded delivery by the way?

Debt 5 Barclaycard - how long ago did PRA send the agreement which Niddy thinks is UE, and have they written again since? I think I would be inclined to await their next communication.


See also Warwick5's earlier comments regarding the various debts.

Other folk will probably be along with more opinions.

[Roger]

I suggested a SAR but see Di's comment "..My advice is the OP should not send anything to anyone until the full facts are known..."

So we need to understand the full facts with this Barclays connection!! Barclays and your relationship with that Bank needs fleshing out

debt 2 Overdraft 20+ years
debt 3 Barclayloan Plus 2011

Reference debt 6

Hi
NO PPI that we are aware of
background = loan taken out online just to help pay other debts etc took about 10 mins in total if I remember correctly
Nothing mentioning Mercer
Thanks

Getting back to your background comments. Were these other debts with Barclays? In other words a Consolidation of other Barclay Debts?
Such as overdraft(s). Cards debit, existing and prior loans at that time?. I say this because of debt 2 and debt 3 with Barclays
Were Barclays aware that this was a Consolidating Loan?

The question reference PPI extends to these other repaid debts as well by the way!

Still Waving has dealt with Debt 4 (but is debt 5 also part of the back ground with the Consolidation Loan?)

[Floridajen]

Hi

Have you currently stopped paying any/all of these accounts?


With regard to Debt 2 (Barclays overdraft) what was Barclays response to your CCA request? (There is a CCA request template for overdrafts, but leave that for the moment.) I would not be making any further F&F offers for the time being.

Debt 4 MBNA card. I would do nothing for the time being, as the they are in default until such time as they produce the agreement in response to your CCA request. Was that sent by recorded delivery by the way?

Debt 5 Barclaycard - how long ago did PRA send the agreement which Niddy thinks is UE, and have they written again since? I think I would be inclined to await their next communication.


See also Warwick5's earlier comments regarding the various debts.

Other folk will probably be along with more opinions.

Hi thanks for your reply.

I have not paid any since May when I sent CCA's
Barclays overdraft they just said no to my F & F offers.
Barclaycard - PRA sent the agreement back last month and nothing since.

[Floridajen]

I suggested a SAR but see Di's comment "..My advice is the OP should not send anything to anyone until the full facts are known..."

So we need to understand the full facts with this Barclays connection!! Barclays and your relationship with that Bank needs fleshing out

debt 2 Overdraft 20+ years
debt 3 Barclayloan Plus 2011

Reference debt 6


Getting back to your background comments. Were these other debts with Barclays? In other words a Consolidation of other Barclay Debts?
Such as overdraft(s). Cards debit, existing and prior loans at that time?. I say this because of debt 2 and debt 3 with Barclays
Were Barclays aware that this was a Consolidating Loan?

The question reference PPI extends to these other repaid debts as well by the way!

Still Waving has dealt with Debt 4 (but is debt 5 also part of the back ground with the Consolidation Loan?)

Thanks for your reply.

The big Barclay loan was indeed to consolidate others loans which Barclays somehow seemed to allow us to take out online.
Aas far as we are aware there was no PPI on any of them.

[Roger]

Thanks for your reply.

The big Barclay loan was indeed to consolidate others loans which Barclays somehow seemed to allow us to take out online.
Aas far as we are aware there was no PPI on any of them.

Well Note this S. 77/78 the reason is within the CCA 1974 are different types of Credit. Each of these types with distinctly different CCA regulations.

Its not a New Debt in 2013 with a CCA the Consolidated Loan is actually like some kind of patchwork of different existing CCA Credit types. each with different CCA's and this with Barclays knowledge and agreement. These sources? do they still exist but with reduced balances?

This is the Full facts which Di was asking for.

[Floridajen]

Yes i think so.
does anyone who if niddy thinks two of my debts are enforceable , should I restart paying them?

[Warwick65]

To answer your question about the debts you THINK are enforceable.

While a CCA request is a good starting point there are many ways a debt may be unenforceable in court even if the agreement is good.

Examples include
A bad S87 Default Notice
A bad assignment
Non compliance with regulatory notices

The loan from barclays- was this just a loan paid into your bank account with the intention of you paying off the other debts or was it set out in some other way ?

many years ago Barclays combined a loan and an overdraft and got a CCJ against me and my ex . Clearly if I had known then what i know know, it would not have happened but there you go. I stopped paying it in 2012 and heard nothing since.

[Floridajen]

To answer your question about the debts you THINK are enforceable.

While a CCA request is a good starting point there are many ways a debt may be unenforceable in court even if the agreement is good.

Examples include
A bad S87 Default Notice
A bad assignment
Non compliance with regulatory notices

The loan from barclays- was this just a loan paid into your bank account with the intention of you paying off the other debts or was it set out in some other way ?

many years ago Barclays combined a loan and an overdraft and got a CCJ against me and my ex . Clearly if I had known then what i know know, it would not have happened but there you go. I stopped paying it in 2012 and heard nothing since.

From what I can remember it was arranged over the phone and debts paid off from it.
Thanks for your help

[Roger]

From what I can remember it was arranged over the phone and debts paid off from it.
Thanks for your help

Simply put the reason for the consolidation was known and approved by Barclays (at the Phone) no doubt recorded and therefor available! The money made available for that express purpose!