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see what they send next,
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I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
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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 BarclaysComment
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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.
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As per Niddy's suggestion, CCA request sent to no.13 Barclaycard/EggComment
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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 UNENFORCEABLEComment
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Wescot (Wetcloths) do not own debt = they are only hopeful debt collectors. hoping to get commissions.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Originally posted by PowerofCats View Post
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.
DiComment
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Originally posted by PowerofCats View Post
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'.
DiComment
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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?
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sorry for all the messages at once, but the postman delivered a few bits today! First in a whileComment
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Originally posted by PowerofCats View Post
Have I given you my opinion too late - have you already sent that CCA Request?
Di
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Yeah :/ unfortunately only by an hour! Bit gutted now, but will see what happens. If they send the same thing through I'll obviously be happy!Originally posted by Diana Mayhew View PostComment
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Originally posted by PowerofCats View Post
I wouldn't worry. PRA are very litigious so a claim may well already be in their minds regardless of what you do or don't do. They may send you the same credit agreement again, not an 'improved' version.
Have you sent a SAR to Barclaycard as I suggested?
DiComment
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Originally posted by PowerofCats View Post
Link have acknowledged your two s77/78 CCA Requests in writing (albeit unintentionally) and have not sent you any credit agreements.
Long may that continue to be the case
Di
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