Lola girl UE diary...newbie!

[Lola girl]

• Type of account: Barclaycard
• Date commenced: 25/3/13
• Approx balance: £6k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 6.9.18
• Account owner: PRA

CCA request - documentation received, sent to Niddy to be checked
15/8/19 - this one has come back as unenforceable. I have cancelled my payment to Stepchange. Will send letter re missing terms to PRA.

19/8/19 missing terms letter sent to PRA
21/8/19 response from PRA with a copy of the unenforceable agreement already received...sent to Niddy to be checked just in case...still UE.
24/03/20 Nothing heard at all from Barclaycard or PRA so far...
25/03/20 Statement from PRA - to comply with obligations under CCA they are sending me a statement. No request for payment.
7/5/20 - 5 calls from PRA this last week. Answered the 3rd one and told them I do not discuss anything over the phone. They are obviously lockdown bored!
21/05/20 - another week of calls from PRA, answered 2 days ago and stated I do not discuss over phone and can they remove number. Another call yesterday, said they are now harassing me. They have guaranteed no more calls (yeah right).
26/05/20 letter received from PRA...
Thanks for your contact. The balance of your account is....
1/10/20 - email from PRA did I know I could set up payment plan online.
8/10/20 - email as above again
15/10/20 - email as above again

17/10/20 - letter from Barclaycard, they are refunding some interest to PRA as my credit limit was deemed too high. They also want to send me £75 for the inconvenience.

Has anyone else had this from Barclaycard? I have long since thought that a lot of my credit limits were far too high in comparison to my earnings and in particular the amount of credit I already had. This Barclaycard for example had a credit limit raised to higher than my yearly salary ? Very irresponsible lending!

Also - if I complete the form for the £75 refund directly into my bank am I admitting this debt to Barclaycard in any way even though it has been sold onto PRA?

Lola x

[nightwatch]

Hi , you can safely take the money.
It has to be paid to you as the account was sold, they owe you the money not PRA,
Drinks are on you

[Lola girl]

Hi , you can safely take the money.
It has to be paid to you as the account was sold, they owe you the money not PRA,
Drinks are on you

Thanks NW....better get it sent off then!

[Joanna Connolly Solicitors]

if I complete the form for the £75 refund directly into my bank am I admitting this debt . . .

Does that letter from Barclaycard state exactly how much interest they have "refunded" to PRA and what they based their calculations on?

Does the letter say by accepting the £75 compensation you will take no further action against them and/or release them from any liability in the matter etc?

Di

[Lola girl]

Does that letter from Barclaycard state exactly how much interest they have "refunded" to PRA and what they based their calculations on?

Does the letter say by accepting the £75 compensation you will take no further action against them and/or release them from any liability in the matter etc?

Di

Hi Di - I have attached a redacted copy for you to peruse. Haven’t sent it off yet so will await your comments ?
Lola x

[Lola girl]

File is too big Di - if you want to see the rest of the letter I can email it to you?

[Lola girl]

If you get a Letter of Claim from Intrum post on your thread and also email it to me using di@joannaconnollysolicitors.co.uk

I think it's too soon to send a SAR to Tesco - you won't capture any interaction between them and Intrum if you do this too soon.

Also, if you send a SAR there's always the possibility that the content may get 'amended' . . . .

It's a pity you made a complaint to Tesco about their insistence of a signature on your s78 CCA Request. Ideally you would have ignored them, they would have ignored your CCA Request, and then you'd be in a better position.

However, hopefully Intrum are oblivious to what happened between you and Tesco, so whatever happens don't tell them!

Di

Hi Di - letter of claim has arrived today from Lester Aldridge Solicitors on behalf of Intrum. Letter dated 26th Oct giving me the 30 days. I will copy and email it to you Di. As you know this one was deemed enforceable when I CCA’d Tesco. I’ll update the diary for this on page 2 also.
Would much appreciate some help and advice. Thank you

lola x

[Joanna Connolly Solicitors]

Hi Di - letter of claim has arrived today from Lester Aldridge Solicitors on behalf of Intrum. Letter dated 26th Oct giving me the 30 days. I will copy and email it to you Di. As you know this one was deemed enforceable when I CCA’d Tesco.

The credit agreement may have been deemed enforceable when it was sent to you by Tesco, but there’s no guarantee that Intrum will have access to that document. They may do, but never assume anything.

Added to that they would have needed to comply with all their other statutory duties.

There’s ample time to reply (or not) to the Letter of Claim.

(I have received your email.)

Di

[Lola girl]

The credit agreement may have been deemed enforceable when it was sent to you by Tesco, but there’s no guarantee that Intrum will have access to that document. They may do, but never assume anything.

Added to that they would have needed to comply with all their other statutory duties.

There’s ample time to reply (or not) to the Letter of Claim.

(I have received your email.)

Di

Thanks Di - look forward to hearing from you. Good that I’ve read so many threads and didn’t descend into panic mode when it arrived! ?

[Joanna Connolly Solicitors]

Thanks Di - look forward to hearing from you. Good that I’ve read so many threads and didn’t descend into panic mode when it arrived! ?

If it helps I descended into panic mode when I received court claims served on me until I realised it's a legal argument not a moral argument.

Not lost any of them in court and hopefully my judgments will help others too. So far so good

Di

[Timewilltell]

I trust you enough to land you mine as or when they exist!!

[Lola girl]

• Type of account: Tesco Credit Card
• Date commenced: 24/3/2007
• Approx balance: £3,900
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 10.10.18
• Account owner: Intrum Uk Finance Ltd

CCA request - letter received to say they would not comply as I had not included my signature

15/8/19 I have not sent them a signature and have cancelled the StepChange payment. Have sent them a signature not required letter.

30/8/19 letter received acknowledging my complaint (wasn’t aware I’d made one!). No mention of CCA. Filed away.

2/9/19 phone call from Tesco complaints team - they acknowledge that a signature is not required for CCA. CCA will be sent out within 30 days. Advised that as now currently UE I will not be making further payments at present.

5/9/19 original true copy of credit agreement, terms and conditions and a statement received from Tesco. Will send over to Niddy for checking.

6/9/19

Good documents received considering the age of this one. Niddy says enforceable.

27/01/20 Intrum carried out a search on my credit record
30/01/20 letter from Tesco saying they have assigned the account to Intrum UK Finance Limited
30/01/20 letter from Intrum Uk Finance Limited confirming that they have purchased the account on 16/01/20 with information on how to set up payments directly to them...filed and ignored
11/03/20 letter from Intrum asking me to contact them within 10 days or to access online account to set up a monthly payment schedule...filed and ignored
23/03/20 letter from Intrum - We may take legal action if you don't get in touch which may affect your credit score (not sure how!). They kindly sent me an income form to complete. Filed and ignored
31/03/20 letter from Intrum - we are thinking of taking you to court. We don't want to but are considering applying for a county court judgement, they may also add court fees of £185 and solicitors costs of £80. If I am affected by Coronavirus I can contact them. No let up from them in current health / economic crisis! Filed and ignored.
10/4/20 letter from Intrum - would you like a discount? We want to help you to pay without taking you to court. Filed and ignored.
20/4/20 letter from Intrum - we’re getting ready for legal action. Your account will be handed to the legal team on 30/4/20. May apply for a CCJ and ask court for an attachment of earnings order and a charging order. Filed and ignored
7/5/20 letter from Intrum - dated 1st May. Headed from the Legal Department. This team are in charge of getting a CCJ against me. They have given me until 11th May to contact them prior to application for CCJ/ solicitors costs and court fees. Filed and ignored.
11/9/20 - letter from Intrum, they regret I haven’t been in touch. Account on hold for 10 days then passes to solicitors for Letter before Claim. Filed and ignored.
30/10/20 received letter of claim from Lester Aldridge on behalf of Intrum. Copy sent to Di for some advice as this is enforceable.
06/11/20 long chat with the lovely Di regarding the Intrum letter of claim and Tesco docs (and their enforceability!), still have a couple of weeks to reply. SAR sent to Tesco in the meantime.

Thanks for the calls Di - feeling hopeful and reassured!
lola x

[Joanna Connolly Solicitors]

Thanks for the calls Di - feeling hopeful and reassured!
lola x

You're welcome

It would be wrong of me to post anything which we discussed in private, so I’ll limiting my comment to “at least I can count . . . “

Di

[Lola girl]

You're welcome

It would be wrong of me to post anything which we discussed in private, so I’ll limiting my comment to “at least I can count . . . “

Di

sometimes the most obvious things are the most un obvious!

[Joanna Connolly Solicitors]

sometimes the most obvious things are the most un obvious!

And sometimes those un obvious things are a deliberate attempt to fool you.

No need to reply to that Letter of Claim from Lester Aldridge solicitors.

Di