Florida Jens diary

[Joanna Connolly Solicitors]

worried me as all has been quiet so far added with the fact we are off on holiday for next couple of
weeks (brother lives in Devon so nothing extravagant and costly) and if we were to get post advising to ring within a certain time etc.

Please don’t let these debt purchasers have a negative input on your life. Reverse the dynamics !

You're off on holiday. Good.

They’ve not complied with your s77-79 CCA Request. Even better.

Enjoy your holiday

When you get back post on your thread anything you’ve received in your absence and the forum will help you to manage the situation.

Di

[Floridajen]

No

If PRA have got something to say they can ‘say’ it in writing.

Di

Ok thank you. Just worried me as all has been quiet so far added with the fact we are off on holiday for next couple of
weeks (brother lives in Devon so nothing extravagant and costly) and if we were to get post advising to ring within a certain time etc.

[Warwick65]

Do not engage with them over the telephone. If you accidentally answer a call , my tactic is just to say, please put anything in writing . I also refuse to do security with them- I don't know what they know and what they are fishing for


Crossed With Di

[Joanna Connolly Solicitors]

we have had a few missed calls from PRA. Should I engage with them ?

No

If PRA have got something to say they can ‘say’ it in writing.

Di

[Floridajen]

Ok so we have had a few missed calls from PRA. Should I engage with them ?

[The Tech Clerk]

and may they keep looking forever i.e. seek and never find!

[Joanna Connolly Solicitors]

You did ask some questions on my diary after we spoke 11th August to which I have responded to each one. Apologies if I misunderstood what I should do. I am unsure if I am posting properly as quite new to this site.

Your answers to my questions are helpful because other members can see the full story and be able to help you whenever a new letter arrives which needs forum input.

As far as I can see everything has gone quiet while the debt owners scurry around looking for credit agreements.

You've been doing everything properly

Di

[Joanna Connolly Solicitors]

You did ask some questions on my diary after we spoke 11th August to which I have responded to each one. Apologies if I misunderstood what I should do. I am unsure if I am posting properly as quite new to this site.

Your answers to my questions are helpful because other members can see the full story and be able to help you whenever a new letter arrives which needs forum input.

As far as I can see everything has gone quiet while the debt owners scurry around looking for credit agreements.

You've been doing everything properly

Di

[Floridajen]

Hi Di, thanks for your reply. We did indeed speak on phone and thank your for your help and advice. You did ask some questions on my diary after we spoke 11th August to which I have responded to each one. Apologies if I misunderstood what I should do. I am unsure if I am posting properly as quite new to this site.

Many thanks

[Joanna Connolly Solicitors]

No reply from Di. Can anyone advise? Thanks

As far as I can recall we recently spoke on the phone at length about each and every one of your debts.

The upshot was that you would post any development (letters from the debt owner, their DCA or instructed solicitors) on your thread.

Are there any updates?

Di

[Floridajen]

Hi Di, if we remember correctly this was opened via the telephone after a conversation with barclays about consolidating. No further letters to date.

Can I just add to this one that we thank you and everyone so very much for your advice and help xx much appreciated

No reply from Di. Can anyone advise? Thanks

[Floridajen]

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

Hi Di, if we remember correctly this was opened via the telephone after a conversation with barclays about consolidating. No further letters to date.

Can I just add to this one that we thank you and everyone so very much for your advice and help xx much appreciated

[Floridajen]

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

Hi Di, cannot remember when opened. It was a Barclaycard from the outset. No further letters to date

[Floridajen]

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

Hi Di, we have no idea when this was opened it was originally an MBNA card. No PPI that we recall (should we check?) . No response from CCA request which was sent on 14/05/2018.

[Floridajen]

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

Hi Di, we did receive arrears notices prior to 2016 since then we have had statement of account from PRA. LOAN is in my husband's name with no PPI. LOAN was for £8000 used to consolidate other loans all with Barclays. This was opened in 2011. Opened online.