PowerOfCats UE Diary

[nightwatch]

I had a debt passed to them. I sent a CCA request,got a letter back telling me I needed to send the £1 fee, told them it was enclosed with the request and they had cashed it, so they had better have a whip round to replace it or get the auditors in as there was a problem in the finance department.

never heard from them again.
They are only debt collectors not buyer's

[PowerofCats]

Update debt 5 . and 13

5: BOS - offering reduced sum settlement to clear off the debt
113 - Idem - asking for payment to be made

[Warwick65]

So what are your thoughts, are the discounts large?

[PowerofCats]

They haven't given an amount for the BoS (only one to give a discount) and whilst it's potentially enforceable, I'm almost a year in to no contact so don't want to contact right now to see...

Quite happy to take advice. I'm potentially coming into cash to clear the enforceable stuff in 4-5mths so I was intending to call and see when that arrives.

[nightwatch]

I would wait and see what's offered next..

[The Tech Clerk]

have to move at the right time - as stated above see what offered next!

[PowerofCats]

Update for debt 1 and 2 - MBNA accounts currently with Link. CCA response with documentation received. Emailed to Niddy for his thoughts on enforceability.

[PowerofCats]

debts 1 and 2 - Niddy confirms they are enforceable. Boo. These are my highest value debts so this was a bit of a blow

[PowerofCats]

Diana Mayhew , what are your thoughts with Link and my MBNA debts? I've had very little contact with them up to now as it's taken nearly 9mths for them to respond to the CCA request. Now they are classed as enforceable, should I do a monthly repayment or wait it out?

I ask as my situation is looking to change soon - I'm selling my house and moving but will only have around £5-6k for debt repayment and hoped to get some F&Fs. I can't see that my creditors (BOS, MBNA/Link x 2, Shop Direct) with a total amount owed of around £16k will accept £5-6k between them...

Should I continue to ride out the no-contact? I'm less than a year in

[MisterK]

Original creditors (if you have any) don't usually want to talk about f&f settlements, so you would be best waiting for those ones to be sold on (assigned) before you do that. They will usually engage a DCA before they eventually assign it so you'd need to know which are still owned by the original creditor as the DCA writing to you may not be the owner. Then to get the best f&f you need time for them to go through the offers of 25% off, 50% off, 75% off etc before you respond. But if it's UE then you probably wouldn't want to do that at all, offers tend to be for those that really are enforceable. Also don't assume it's enforceable based on the CCA alone, because it still may not be. Once you start payments you will reset the SB clock. It would usually take at least a couple of years or so to get to the point of making offers.

You might have a problem with mortgage applications as things stand but perhaps you have one already that you can take with you when you move. You're in the strongest position if you've got time on your side. This is just my own opinion of course, also apologies if you've been told or know this already, just trying to help.

[Joanna Connolly Solicitors]

Diana Mayhew , what are your thoughts with Link and my MBNA debts? I've had very little contact with them up to now as it's taken nearly 9mths for them to respond to the CCA request. Now they are classed as enforceable, should I do a monthly repayment or wait it out?

Both these MBNA accounts have been assigned/sold to Link Financial.

Even if the credit agreements are enforceable that doesn't mean the debt will be enforceable. There can often be assignment issues and Default Notice issues (especially with MBNA and Link).

I note your Virgin branded MBNA credit card was opened in January 2006. So I've looked at this previous post by Niddy on another thread which suggests that Virgin branded MBNA credit cards issued before April 2007 may have a flaw >

As the subject title suggests - if you've ever had a Virgin branded MBNA Credit Card (pre 04/2007) then you'll be pleased to know that it WILL be Iredeemably Unenforceable - we've won a great case and found some fatal flaws and got judgment in our favour.

So, if you receive a claim from PRA Group or anyone else for that matter, regarding an old Virgin Credit Card then let us know and we can help you to defeat the claimant.

The above applies to all cards issued pre April 2007.

Maybe just keep your head down for now and post on your Diary if/when you hear from Link again.

I would also send a Subject Access Request to MBNA to see what data and documents they hold on file. Because it's sometimes possible for a debt purchaser to send a reconstituted credit agreement which is not honest and accurate. Did the covering letter from Link say these credit agreements were recons?

Di

[PowerofCats]

Diana Mayhew , that's interesting re: the virgin MBNA cards... can anyone shed any light on this so that I can bookmark and file for if this comes and bites me on the bum? Niddy? any links?

Here's some updates. I've had a clear out of a bureau and found a few old letters and also put my new ones on

Update on Debts as letters found whilst clearing up

Debt 4 – Notice from Natwest dated 18/05/18 – non-compliance for notice of sums of arrears between 2 dates. Refund of £475 applied to account

Debt 5 – found the letter from BOS instructing Credit Security Limited

Debt 14 – Idem – we will send Resolvecall to visit.
^ this debt is still unenforceable as no response to CCA request. Continue to ignore? What do I do if they do turn off on the off-chance I’m home?

[nightwatch]

IF resolve call come a knocking, don't open the door. or of you do, do not enter into any talks with him, just say not today thanks and shut the door,
they only call to see if you do live there, try and get you to say the debt is yours, "reconect" you to the DCA to get you to pay up,
They have no power whatso ever

[PowerofCats]

IF resolve call come a knocking, don't open the door. or of you do, do not enter into any talks with him, just say not today thanks and shut the door,
they only call to see if you do live there, try and get you to say the debt is yours, "reconect" you to the DCA to get you to pay up,
They have no power whatso ever

thanks Nightwatch!

[PowerofCats]

Debt 1
Debt 2

Digital SAR sent via MBNA website for both accounts