wolvaughan diary

[wolvaughan]

I have debts with several companies and have requested CCA's from them all, I have mostly received responses saying that they can't find the information but they are still looking so currently those are not of any concern. I do however have one with PRA that I will post here and the others if necessary later down the line. Niddy has already kindly had a look and said that it's UE but to post here for further help. I really need to know why it's UE and what my next step is?

• Type of account: Credit Card
• Date commenced (ideally before Apr 2007): September 2001
• Approx balance: £10,570.00
• Date last paid (approximate date you last made a FULL payment): July 2008
• Are you on arrangement or not paying: Was on DMP currently not paying
• Status (default/in arrears/up-to-date): Default
• Account owner (who is writing to you, a DCA or the lender): DCA - PRA

1 May 2018 - CCA Request Letter Sent
15 May 2018 - Letter from PRA confirming letter received and that they have requested the CCA
19 July 2018 - Letter from PRA enclosing copies of statements and confirming that the debt is currently unenforceable.
26 July 2018 - Letter from PRA enclosing Halifax Credit Card Conditions of Use and Credit Card Agreement Regulated by the Consumer Credit Act 1974
8 November 2018 - Letter from PRA advising that PRA have purchased outstanding balance ?! and offering a full and final settlement figure.
22 November 2018 - Letter from PRA - "Letter before claim as required by the Practice Direction on Pre-Action Conduct &Protocols contained in the Civil Procedure Rules. This letter constitutes a formal demand for payment of £10525.11 and to give you notice of PRA Group's intention to issue Court proceedings against you"
3 December 2018 - Returned reply form stating that PRA haven't complied with my CCA request.

6 December 2018 - Letter from PRA placing account on hold until the y have investigated the dispute

10 December 2018 - Letter from PRA enclosing the same Halifax Credit Card Conditions of Use and Credit Card Agreement sent to me previously on 26 July. Also enclosed were copies of all statements and a notice of assignment from Aktiv Kapital to PRA dated 12/01/15.

21 January - Letter from PRA advising they are continuing with legal proceedings.

[Still Waving]

Hi

First of all, you will need to ask Niddy why the account is UE in his opinion, as he is the only person who will see the document you sent.

Secondly you will need to start fleshing out the history with the correspondence from/to the creditors You can then get suggestions here as to how to deal with the letters you are receiving. At the moment there is nothing for us to help you with.

[wolvaughan]

In Niddy's opinion the account is UE as "there is no signed agreement so they cannot enforce it as the prescribed terms are missing"

What do I need to do now, nothing or is there a letter I should send?

[Joanna Connolly Solicitors]

Hello

Who was the original creditor for this credit card account?

And was it assigned direct to PRA or was it assigned to someone else before them such as Varde or Aktiv Kapital? Does the name Experto Credite ring any bells?

The history of a debt is important in order to know how to manage its future.

Di

[The Tech Clerk]

Experto Credite I bet?

[wolvaughan]

Hi,

Thanks for the replies, the original creditor was MBNA, the debt was transferred to PRA in September 2014. The records show that it was with HBOS prior to that.

[Joanna Connolly Solicitors]

the original creditor was MBNA, the debt was transferred to PRA in September 2014. The records show that it was with HBOS prior to that.

I would be surprised if it was assigned to HBOS by MBNA. What "records" are you relying on for your information?

Who was your DMP provider and how long were you with them (from what year)?

It's possible that MBNA assigned the debt but you didn't know if your DMP provider was dealing with them direct (although you should have been sent a Notice of Assignment at the time).

Di

[wolvaughan]

My DMP provider was PayPlan and I'm using their records (as attached) for my information, I started with them in February 2008.

I possibly did receive a Notice of Assignment at the time but at that time didn't take much notice, wish I'd kept everything now!

[Joanna Connolly Solicitors]

My DMP provider was PayPlan and I'm using their records (as attached) for my information, I started with them in February 2008.

I possibly did receive a Notice of Assignment at the time but at that time didn't take much notice

I've removed that attachment to protect your identity (it included the original account number). It does refer to HBOS but no mention of MBNA.

Did you also have a credit card with HBOS which may have been bought by PRA (as well as the MBNA account)?

I think the way forward is to send a GDPR/Subject Access Request to PayPlan to get your file detailing everything which happened with all your creditors since 2008. I expect they were all assigned at some point, possibly twice.

Don't worry about not keeping everything over the years, most people don't! But do keep everything from now on.

I'll happily comment on all the other debts as soon as we've got to the bottom of this one

Di

[wolvaughan]

Apologies the only reason I thought it was MBNA is as the PayPal record shows (Barclays MBNA Lloyds New DMP Only) and I did have an MBNA card. However I've just checked back through the documents PRA sent and it was a Halifax Credit Card.

I'll send PayPlan a GDPR/SAR today. I assume I just ignore PRA for the time being, just a bit concerned as I go on holiday for two weeks from Wednesday and may miss some correspondence from them?

Currently the other debts are all UE as they've not been able to provide any information, I'll post those if they become an issue.

Thanks for your help so far.

[Joanna Connolly Solicitors]

the only reason I thought it was MBNA is as the PayPal record shows (Barclays MBNA Lloyds New DMP Only) and I did have an MBNA card. However I've just checked back through the documents PRA sent and it was a Halifax Credit Card.

I'll send PayPlan a GDPR/SAR today. I assume I just ignore PRA for the time being, just a bit concerned as I go on holiday for two weeks from Wednesday and may miss some correspondence from them?

Mystery solved

Do you mean the credit agreement you sent to Niddy was a Halifax one or was it a MBNA one? Perhaps both have been assigned to PRA?

Post up the background of all of your debts when you get back from holiday in two weeks' time. If any debt owner has plans to issue a court claim they should first send you a Letter Before Claim giving you thirty days to respond before they can issue it, so being away for a couple of weeks shouldn't be a problem.

Enjoy your holiday!

Di

[wolvaughan]

The one I send to Niddy was a Halifax one, I've just confused things by mentioning MBNA.

Thanks for your help, I'll list all of the debts when I get back.

[wolvaughan]

Hi all,

Just back of my holidays and only two pieces of correspondence from creditors waiting for me. One a statement and the other a letter I need some help with please, I've added the account below.

Type of account: Credit Card - Barclaycard formerly Egg Banking
Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
Approx balance: £2,933.62
Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
Are you on arrangement or not paying: Was on DMP currently not paying
Status (default/in arrears/up-to-date): Default
Account owner (who is writing to you, a DCA or the lender): DCA - Moorcroft.


1 May 2018: CCA Request Sent and signed for on 11 May 2018

20 August 2018: Missed payment letter from Moorcroft

30 October: Letter from Barclaycard advising that my account has been passed to Allied International Credit.

30 October: Letter from Allied International Credit advising that they will now be managing the account on their behalf.

Do I need to respond to this or just leave it?

Thanks

[wolvaughan]

Another issue I have is on another account details below:-

Type of account: Credit Card - Link Financial (Barclays)
Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
Approx balance: £3486.90
Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
Are you on arrangement or not paying: Was on DMP currently not paying
Status (default/in arrears/up-to-date): Up to date
Account owner (who is writing to you, a DCA or the lender): DCA - Link Financial

1 May 2018: CCA Request Sent and cheque cashed

31 August: Statement of Account Received from Link

23 October: Default Notice received from Asset Link Capital No.5 Limited

15 November: Letter from Link advising that I have failed to comply with the default notice and that if I don't pay within 7 days the whole balance will become payable immediately.

17 November: Confirmation from the bank that Link cashed the cheque relating to this request.

20 February: Letter from Link enclosing a letter from Barclaycard dated 7 September saying the account is unenforceable and enclosing historic terms and conditions. The Link letter says the account is enforceable but have also enclosed some MBNA documents which I've diarised later in this thread. Pretty sneaky I think as it could be quite confusing if you'd not done any research.

[Joanna Connolly Solicitors]

Type of account: Credit Card - Barclaycard formerly Egg Banking
Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
Approx balance: £2,933.62
Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
Are you on arrangement or not paying: Was on DMP currently not paying
Status (default/in arrears/up-to-date): Default
Account owner (who is writing to you, a DCA or the lender): DCA - Moorcroft.


1 May 2018: CCA Request Sent and signed for on 11 May 2018

20 August 2018: Missed payment letter

Do I need to respond to this or just leave it?

Who did you send your s 77-79 CCA Request to? Was it Barclaycard or Moorcroft?

Has there been any acknowledgement of your request sent in May?

No need to respond to a "missed payment" letter. You're already aware that you've not paid them, nevertheless it was kind of them to let you know

Di