Philyabootz UE diary (please help)

[philyabootz]

It's easier to help if you quote each debt in a separate post and then re-quote the post on your thread adding any updates as and when they happen.

Have you been given an opinion on whether the credit agreement PRA sent you for this old Egg debt is unenforceable or not?

Di

Hi Di

This debt was originally to Barclaycard not Egg and stayed as Barclaycard throughout until sold to PRA group

Niddy stated there "weren't complete terms accompanying the agreement, containing described terms" and is still UE in his opinion



Previous Questions and Responses:

Hi Di

Thanks so much for getting back to me with all your responses I will try and clarify the points you raised now :

Is this the PRA debt that Niddy says is unenforceable having seen the credit agreement which they sent you in response to your s77-79 CCA Request?

Yes

May I asked when you stopped paying the full amount (i.e. the monthly contractual amount)?

I stopped paying the full contactual amount to Barclaycard when I agreed/set up a debt plan with Stepchange in February 2017

You say it wasn't Egg or Goldfish but could it have been Morgan Stanley Dean Witter credit card at the outset?

It was 100% Barclaycard at the outset and remained that way throughout

Was it assigned (sold) to anyone else before it was sold to PRA last December (2017)? The assignments are important.

No I've just checked the paperwork and PRA acquired the debt in December 2017

Was there PPI on this account?

No

[Joanna Connolly Solicitors]

Intrum Group £1600

• Originally Tesco Credit Card
• Type of account : Credit Card
• Date original CCA commenced Feb 2011 I think
• Sold to 1st Credit (now Intrum) 26/01/2018
• Date last paid to Intrum 01/08/2018 £24.81 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

Could this account have been opened before 2011, and how was it opened (online, postal invitation etc)?

Di

[Joanna Connolly Solicitors]

Intrum Group £23600

• Originally Tesco Loan
• Type of account : Loan
• Date original CCA commenced Jan 2014 (Restructured from original Tesco loan started from Feb 2012)
• Sold to 1st Credit (now Intrum) 26/01/2018
• Date last paid to Intrum 01/08/2018 £158.88 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

When you say this loan was "restructured" from original Tesco loan, do you mean it was a consolidation loan of the old loan with perhaps a top-up?

I assume you're still waiting for a response to your s 77-79 CCA Request from Intrum so post up when you hear anything.

Di

[Joanna Connolly Solicitors]

PRA Group £5800

• Originally MBNA
• Type of account Plat credit card
• Date original CCA commenced August 2016
• Sold to PRA December 17
• Date last paid to PRA 01/08/2018 £92.72 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested and original letter back to state debt is currently unenforcable

Have you heard anything further from PRA about this ex-MBNA Platinum credit card account which you say was opened two years ago?

Di

[Joanna Connolly Solicitors]

My outstanding debts are detailed as follows 12/08/2018 : (updated)

PRA Group £8700

• Originally Barclaycard not Egg or Goldfish
• Type of account credit card
• Date original CCA commenced May 1999
• Sold to PRA 13/12/2017
• Date last paid to PRA 01/08/2018 £130.59 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested and original signed agreement from 1999 has been produced

It's easier to help if you quote each debt in a separate post and then re-quote the post on your thread adding any updates as and when they happen.

Have you been given an opinion on whether the credit agreement PRA sent you for this old Egg debt is unenforceable or not?

Di

[philyabootz]

My outstanding debts are detailed as follows 12/08/2018 : (updated)

PRA Group £8700

• Originally Barclaycard not Egg or Goldfish
• Type of account credit card
• Date original CCA commenced May 1999
• Sold to PRA 13/12/2017
• Date last paid to PRA 01/08/2018 £130.59 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested and original signed agreement from 1999 has been produced

PRA Group £5800

• Originally MBNA
• Type of account Plat credit card
• Date original CCA commenced August 2016
• Sold to PRA December 17
• Date last paid to PRA 01/08/2018 £92.72 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested and original letter back to state debt is currently unenforcable

Intrum Group £23600

• Originally Tesco Loan
• Type of account : Loan
• Date original CCA commenced Jan 2014 (Restructured from original Tesco loan started from Feb 2012)
• Sold to 1st Credit (now Intrum) 26/01/2018
• Date last paid to Intrum 01/08/2018 £158.88 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

Intrum Group £1600

• Originally Tesco Credit Card
• Type of account : Credit Card
• Date original CCA commenced Feb 2011 I think
• Sold to 1st Credit (now Intrum) 26/01/2018
• Date last paid to Intrum 01/08/2018 £24.81 via Stepchange
• Date last payed full contactual amount : Feb 2017 via Stepchange
• PPI No
• Notes : CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

[philyabootz]

Update to Diary as of 12/08/18

I have today emailed Stepchange to cancel my agreement with them eeek. I have also cancelled my DD payment to the agreement

I will write/email Stepchange in 2 weeks and ask for a SAR under GDPR to receive any documentation they hold

The 2 Intrun debts that have not replied to my CCA request I will simply wait to hear from them via phone/letter but will as advised only communicate in writing

The PRA Group MBNA debt that is so far deemed UE again I will wait to hear from them and respond accordingly with your help

The final PRA Group (Barclaycard CC Debt Pre 2007) have wrote to state that they have sent the CCAs agreement to me but in Niddys opinion they are still UE. I will wait to hear from PRA when they stop receiving my monthly payment and write to them with the advice from this forum.

Waiting to hear from Di Mayhew @ JCS re her opinion/advice/next steps

Thanks Phil

[Joanna Connolly Solicitors]

I am going to tomorrow cancel my DD to step change and self manage. Does anyone know of a template letter/email to do this or just simply let them know?

Also I have read somewhere that it might be a good idea to get them to send any letters they have received for me on behalf of the creditors?

According to the StepChange Agreement Terms & Conditions clause 3.2 you can "cancel your agreement at anytime with immediate effect by telephone, email or letter".

Why not simply telephone them. You won't need to give them a reason just say your cancelling for personal reasons.

StepChange Ts & Cs > https://www.stepchange.org/Portals/0...-agreement.pdf

A couple of weeks later send them a Subject Access Request under GDPR so you will get all the information/data they've got in their files including what they've said/done to your creditors when you cancelled the DMP and any responses they get back from your creditors.

Di

[The Tech Clerk]

simply cancel letting them know by letter, no need to state self manage! keep copy on file of said letter, send Recorded Delivery and keep receipt attached to letter< unless anybody has other ideas?

Send a SAR request asking as per letter in library for all correspondence from creditors regarding your account ( they should send them anyway)

[philyabootz]

Hi guys

I am going to tomorrow cancel my DD to step change and self manage. Does anyone know of a template letter/email to do this or just simply let them know?

Also I have read somewhere that it might be a good idea to get them to send any letters they have received for me on behalf of the creditors?

Thanks

[philyabootz]

Final one

Only a couple of questions for this debt.

When did you last make the full monthly payment and was there PPI involved?

Di

When did you last make the full monthly payment and was there PPI involved?

I stopped paying the full contactual amount to Tesco loan when I agreed/set up a debt plan with Stepchange in February 2017. There was NO PPI involved.


Hope that helps to clarify everything. Please let me know if you require anything else before your assessment/advice.

I will wait to contact Stepchange re going self managed and cancelling DD etc until I have heard back from you

Thanks again, I genuinely am overwhelmed by how helpful everyone on this site has been

[philyabootz]

Have you any way of figuring out when you opened this Tesco loan? Perhaps the reason for starting it may jog your memory such as to consolidate other debts, or buy a car etc.

Was there PPI attached to the loan?

When did you last pay the monthly payment due under the terms of the loan, and how long would the loan have run for if it had continued to its agreed expiry date (such as 5 years or 84 months etc)?

And was it assigned direct to 1st Credit (if so when?) or was it assigned to someoneelse first? Assignments are important especially with 1st Credit.

Di

Have you any way of figuring out when you opened this Tesco loan? Perhaps the reason for starting it may jog your memory such as to consolidate other debts, or buy a car etc.

I have found the original paperwork for this Tesco loan. It was taken out for £25k in Jan 2014 at 11.1APR. I received £2500 extra of this amount as the other £22.5k was taken to pay off the existing loan I had with already had with Tesco. The existing loan paid off was at 11.2 APR and taken out in February 2012 again for 25k.

Was there PPI attached to the loan?

No

When did you last pay the monthly payment due under the terms of the loan, and how long would the loan have run for if it had continued to its agreed expiry date (such as 5 years or 84 months etc)?

I stopped paying the full contactual amount to Tesco loan when I agreed/set up a debt plan with Stepchange in February 2017. It was opened in Jan 2014 over 121 months so would have finished in Feb 2024. I had paid the full payment for 3 years and 1 month

And was it assigned direct to 1st Credit (if so when?) or was it assigned to someone else first? Assignments are important especially with 1st Credit.

The loan was assigned/purchased by 1st Credit on 26/01/2018. I have received NO paperwork from Intrun only the original account assignment from 1st credit in Feb 2018

[philyabootz]

Do you remember how you opened this MBNA credit card account? Was it online or in response to an invitation letter, or a promotion you signed up for in a store car park etc? Was it a MBNA card or was it a branded card

I can't see when you last paid the full contractual monthly amount so when was that?

From the dates you posted it looks as if the account may have only been live for just over a year. Was it started for any particular reason such as a balance transfer offer?

Would there have been PPI on this one?

Di

Do you remember how you opened this MBNA credit card account? Was it online or in response to an invitation letter, or a promotion you signed up for in a store car park etc? Was it a MBNA card or was it a branded card

I opened the MBNA Plat Credit Card with a Limit agreed of £7900 completed online in August 2016. It was MBNA card

I can't see when you last paid the full contractual monthly amount so when was that?

I stopped paying the full contactual amount to MBNA when I agreed/set up a debt plan with Stepchange in February 2017

From the dates you posted it looks as if the account may have only been live for just over a year. Was it started for any particular reason such as a balance transfer offer?

I opened and used it to 0% transfer a balance from another credit card onto it

Would there have been PPI on this one?

No

[philyabootz]

A few questions from me in order to help to put things in context for you

Is this the PRA debt that Niddy says is unenforceable having seen the credit agreement which they sent you in response to your s77-79 CCA Request?

May I asked when you stopped paying the full amount (i.e. the monthly contractual amount)?

You say it wasn't Egg or Goldfish but could it have been Morgan Stanley Dean Witter credit card at the outset?

Was it assigned (sold) to anyone else before it was sold to PRA last December (2017)? The assignments are important.

Was there PPI on this account?

Sometimes flaws in a credit agreement can be remedied so it's always a good idea to have other irons in the fire.

Also s77-78 CCA is for 'information' purposes not 'proof' purposes. In the case of Santander v Mayhew (me ) I lost on the s78 argument but won on other legal arguments. See paragraph 14 of the judgment here > http://www.bailii.org/ew/cases/Misc/2012/14.html

Di

Hi Di

Thanks so much for getting back to me with all your responses I will try and clarify the points you raised now :

Is this the PRA debt that Niddy says is unenforceable having seen the credit agreement which they sent you in response to your s77-79 CCA Request?

Yes

May I asked when you stopped paying the full amount (i.e. the monthly contractual amount)?

I stopped paying the full contactual amount to Barclaycard when I agreed/set up a debt plan with Stepchange in February 2017

You say it wasn't Egg or Goldfish but could it have been Morgan Stanley Dean Witter credit card at the outset?

It was 100% Barclaycard at the outset and remained that way throughout

Was it assigned (sold) to anyone else before it was sold to PRA last December (2017)? The assignments are important.

No I've just checked the paperwork and PRA acquired the debt in December 2017

Was there PPI on this account?

No

Also s77-78 CCA is for 'information' purposes not 'proof' purposes. In the case of Santander v Mayhew (me ) I lost on the s78 argument but won on other legal arguments. See paragraph 14 of the judgment here > http://www.bailii.org/ew/cases/Misc/2012/14.html

Thanks for sending the link

[Joanna Connolly Solicitors]

• Intrum Group £1600
• Originally Tesco Credit Card
• Type of account : Credit Card
• Date original CCA commenced Feb 2011 I think
• Sold to 1st Credit (now Intrum) 26/01/2018
• Date last paid to Intrum 01/07/2018 £24.81 via Stepchange
• Notes : CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

Final one

Only a couple of questions for this debt.

When did you last make the full monthly payment and was there PPI involved?

Di