PowerOfCats UE Diary

[PowerofCats]

Diana Mayhew , yes I own a property with a mortgage with suitable amounts of equity.

[PowerofCats]

Debt1: MBNA with Link FInancial Ltd AND
Debt 2: Virgin with Link Financial Ltd

First letters received since my CCA request.

They are statement of accounts which both have a £1.00 credit on the 14/01/19 (presumably my postal order), which is then 'debited' from the account on the 28/01/19 with the reference section 77/78 request

The letters are identical (save for account details obviously) and state

'please note, if you currently have a repayment arrangement in place, you do not need to do anything. Please keep making your payments and retain this statement for your records. However if you have no repayment arrangement in place we would encourage you to contact us on the telephone number above
Then both letters list account number, agreement originator, link reference and statement period.
The arrears notice is enclosed and the letter goes on to say:
'this notice is given in compliance with the consumer credit act 1974. Balance at the date of this notice £XXX
arrears on balance £XXX
the current arrears represent the outstanding balance as you did not maintain payments in accordance with the terms of the original agreement so the full amount became due. If you have not already done so, we would encourage you to contact us to discuss the state of your account'



I've not received any response to my CCA request for either of these at all. So I presume I just file away?

[Joanna Connolly Solicitors]

Niddy suggested sending them another CCA request. Thoughts? I'm happy to be led by the experts, really!

My concern was that they rectified the missing bits on the first CCA request. Unfortunately, because I don't really have any paperwork for these debts (not since starting on this page/my journey), I don't know if they served DN correctly etc etc.

That would be my concern too.

I think you should send a Subject Access Request to Barclaycard to see what information and data they have on you.

PRA won't necessarily have access to that information so if they do reconstitute a document you'll be able to check whether it's 'honest and accurate'.

Di

[Joanna Connolly Solicitors]

Update on Debt 13 - Barclaycard with PRA

'Your account is being managed by out investigations and litigation department to look at your outstanding debt for possible litigation recovery. We want to work with you to help you clear your remaining debt in an affordable manner, and we have fully trained account managers waiting to take your call. We will be honest and realistic in discussing all the opportunities with you to resolve this matter within a defined period of time
if we do not hear from you, then we will be forced to undertake further investigations to gain an insight into your ability to pay the outstanding balance through information that is available to us. We look forward to hearing from you within 14 days of the date of this letter to avoid us moving to the next stage."

So this is a debt whereby Barclaycard sent through paperwork following a CCA request by Niddy deemed as unenforceable as incomplete.

You have been told that the credit agreement sent in response to your s 77/78 CCA Request is unenforceable as it's incomplete. That's a good thing

Personally I wouldn't send another CCA Request since this will encourage PRA to try harder to find the missing documentation, or reconstitute it if they can't source it.

Your account has been passed to PRA's Investigations and Litigation Team. That letter says if you don't pay up they "will be forced to undertake further investigations". That's not a threat of legal proceedings, it simply says they will look into your financial circumstances (search your CRA file probably).

They'll be looking to see if you own property (do you?) if a mortgage is showing on your file. They may be checking Land Registry to see if you own a property, what you paid for it, when you bought it, and so on. Any intention to litigate, or not, is likely to be based on a business decision.

You have not been sent a Letter of Claim (or have I misunderstood your post?) so don't draw attention to yourself. Let PRA remain of the belief that they've got all their ducks in a row, and reassess the situation when you hear from them again.

Di

[The Tech Clerk]

Wescot (Wetcloths) do not own debt = they are only hopeful debt collectors. hoping to get commissions.

[PowerofCats]

Diana Mayhew , sorry for tagging you but a quick question. I was sorting all my paperwork out in to files earlier and I noticed that 'Wescot' sold my debt to PRA after I sent a CCA request and before I received a response - is this a case of 'sold whilst in dispute?' I'm unsure as Wescot continued to send letters to me... details below.

4. Debt: Natwest Loan - With Wescot (in house collections)
Account Opened: 02.11.2007
Balance at time of starting DMP: £25,897
Current balance: £5982.47
Defaulted? YES - Drops off November 2018
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
26/02/19 - Letter from Natwest stating that as of the 08/02/19 they have assigned PRA as the legal owners of the debt and therefore Wescot are no longer managing the account.
01/04/19 - Letter dated 28/03 from PRA offering a discount on the balance. Bottom of letter states 'this account is currently classified as UNENFORCEABLE,which means we cannot take court action against you at this time...(etc)
10/04/19 - Letter received from Wescot with CCA, and also stating they are returning the account to Natwest. Forwarded CCA to Niddy who believes this is UNENFORCEABLE

[PowerofCats]

As per Niddy's suggestion, CCA request sent to no.13 Barclaycard/Egg

[PowerofCats]

Niddy suggested sending them another CCA request. Thoughts? I'm happy to be led by the experts, really!

My concern was that they rectified the missing bits on the first CCA request. Unfortunately, because I don't really have any paperwork for these debts (not since starting on this page/my journey), I don't know if they served DN correctly etc etc.

[Warwick65]

Personally I would be tempted to wait as the Tech Clerk says.

The potential problem as I see it is; it is currently UE because the CCA Request is incomplete, that could possibly be easily fixed. However as I am sure you know, defeating a claim can be achieved by many routes, for example, no (or bad) Default Notice, no proper assignment (see PRA v Mayhew), lack of regulatory notices sent by the creditor, lack of proper authorisation as posted by Joanna Connolly

IF PRA want to proceed to court they should send a letter of claim, even then there will be opportunities to settle without incurring a CCJ - but that really is a last resort if you feel it is the best course of action.

Just to add, as this was an egg credit card, the assignment chain is longer - egg to barclaycard, barclaycard to PRA. If the first one can't be proven then the second one is by definition bad.

Also the chances of getting true copies of the agreement are reduced by age and the fact it was egg then Barclays

[The Tech Clerk]

see what they send next,

[PowerofCats]

Update on Debt 13 - Barclaycard with PRA

'Your account is being managed by out investigations and litigation department to look at your outstanding debt for possible litigation recovery. We want to work with you to help you clear your remaining debt in an affordable manner, and we have fully trained account managers waiting to take your call. We will be honest and realistic in discussing all the opportunities with you to resolve this matter within a defined period of time
if we do not hear from you, then we will be forced to undertake further investigations to gain an insight into your ability to pay the outstanding balance through information that is available to us. We look forward to hearing from you within 14 days of the date of this letter to avoid us moving to the next stage."

So this is a debt whereby Barclaycard sent through paperwork following a CCA request by Niddy deemed as unenforceable as incomplete.


Thoughts on what to do?

[Warwick65]

Hi

I know Niddy has said that the CCA is enforceable but I am testament to the fact there is a lot more to something being enforceable than just a CCA Request.

I also understand the temptation to just get rid but really, if they don't have the goods to prove their case well tough

My Capital One account came up with a copy of the agreement with my signature on it , yet in court they could not produce a DN. They were so confident (or stupid) they didn't even try to recon one - the judge decided the case on that and that alone, we won (thanks to Jo and Di) and they had to pay costs - it was one of the best days I have ever had watching this poor solicitor trying to get me to admit I had received a default notice (which I can honestly say I hadn't).

[PowerofCats]

hi Diana Mayhew - It's Arrow Global Ltd. I think everything else is as I've had a notice of assignment from Jan 2013 and have received default notices and sums of arrears... I'd like to get rid of these ideally. I added on the AAD+ forum that they offered me a 50% discount in Oct 2018

[Joanna Connolly Solicitors]

My Shop Direct accounts have been deemed enforceable by Niddy,

The credit agreements may be enforceable but is everything else legally compliant such as Default Notice, Notice of Assignment, Notice of Sums in Arrears etc?

Is the current owner Arrow Global Ltd. or Arrow Global (Guernsey) Ltd because it may make a difference? Check the actual wording on the Notice of Assignment if one was served for each of them.

Di

[PowerofCats]

I've signed up for AAD+ and posted there about F&F offers. My Shop Direct accounts have been deemed enforceable by Niddy,