Night Monkey's diary

[Joanna Connolly Solicitors]

should the worst happen wouldn't they in some way pass on to our estate for our daughters to deal with? Certainly when my parents died we were told to total up any debts and pay them, and split what was left.

I can easily see a situation where they are presented with bills for the full amount from any creditors, enforceable or otherwise, and choose to write a cheque rather than argue about it.

Apologies if the above seems overly morbid, we've just written our wills and have been forced to contemplate the unthinkable

You're not being morbid at all, you're being pragmatic. So I will be too.

If a debt is unenforceable when you're alive, it will be unenforceable when you're no longer alive. Either it is or it isn't.

My suggestion is you establish which debts are unenforceable and staple the information to your Will so whoever is dealing with your affairs will be armed with the information when the time comes.

If you haven't paid or acknowledged the debts for six years before you die then they will become Statute Barred whether they're enforceable or not. If you make offers to settle you will restart the Statute Barred clock.

I should also say there are more ways a debt can be unenforceable than just the credit agreement. So if you've been told your MBNA credit agreement is enforceable that doesn't mean that they or PRA have complied with all their other statutory duties.

I agree that all too often a solicitor will simply pay bills of the deceased without question possibly because they don't have the knowledge of consumer credit which is a specialist area of law.

Di

[Night Monkey]

...and you're back. Welcome home guys, you were missed.

Diary updates incoming...

[Joanna Connolly Solicitors]

...and you're back. Welcome home guys, you were missed.

I've missed the members too, although we have spoken . . .

Di

[Night Monkey]

I've missed the members too, although we have spoken . . .

Indeed we have, and it was appreciated.

Diary entries now updated but to summarise:

- a letter before action from PRA regarding the Barclaycard account, no CCA supplied so sitting on my hands and waiting to see what happens after the 30-day period (17th October) expires. In the meantime I've sent off a GDPR request to Barclays which prompted a request for some id; I've provided them with passport & license certified at one of their branches so we'll see what that brings.

- an email telling me that there's a change to my credit file. This looked like the MBNA account closing but was ultimately the Santander credit card disappearing and the MBNA changing account number from (I think) an MBNA one to a PRA reference. Maybe someone's getting confused, let's see if anything happens.

- a few other nagging letters & texts, nothing else of note.

[wineaddict2020]

Indeed we have, and it was appreciated.

Diary entries now updated but to summarise:

- a letter before action from PRA regarding the Barclaycard account, no CCA supplied so sitting on my hands and waiting to see what happens after the 30-day period (17th October) expires. In the meantime I've sent off a GDPR request to Barclays which prompted a request for some id; I've provided them with passport & license certified at one of their branches so we'll see what that brings.

- an email telling me that there's a change to my credit file. This looked like the MBNA account closing but was ultimately the Santander credit card disappearing and the MBNA changing account number from (I think) an MBNA one to a PRA reference. Maybe someone's getting confused, let's see if anything happens.

- a few other nagging letters & texts, nothing else of note.

Hey I’m pretty new around here and just reading your diary as you have a fairly similar situation to mine.
can I just ask why you’ve supplied your ID in branch for the GDPR request? Surely if they have your address and are sending the info to that address there is no reason they need this? I’m just wondering if this could be used against you in future by being seen as you acknowledging the debt? Not that I am in a way qualified to determine that!
I had a similar request after sending CCA request and ignored it and they still responded eventually.

[The Tech Clerk]

Another GDPR security check, the argument been around for years it has no bearing as a company has to make sure security is in place and that is classed as part of requirements .

[Night Monkey]

I’m just wondering if this could be used against you in future by being seen as you acknowledging the debt?

I was a little edgy about that too, but I'd made no reference to the account I'd had with them and didn't give them any previous addresses to help them reconstitute anything. I wasn't telling them anything they didn't know already so felt reasonably safe playing along.

[Joanna Connolly Solicitors]

. . . there is no reason they need this? I’m just wondering if this could be used against you in future by being seen as you acknowledging the debt?

My approach is always 'ask don't tell'.

Don't give them any information which could help them to fill in the blanks where they lack necessary information, such as a previous address which could be used to 'reconstitute' a credit agreement.

And don't sign with your signature (sign digitally if possible). There's anecdotal evidence that signatures have been lifted to use on documents retrospectively.

Or am I becoming too cynical in my old age

Di

[The Tech Clerk]

Or am I becoming too cynical in my old age = get in the queue lol

[Night Monkey]

Still nothing showing the GDPR request as delivered to Barclays...

[Night Monkey]

Type of account - Barclaycard credit card
Date commenced - Approx 2012
Approx balance - £7300
Date last paid - Early 2018
Are you on arrangement or not paying - DMP with StepChange
Status - default
Account owner - PRA Group (UK) Ltd.

28.3.19 Letter from Barclaycard, 'We've now transferred your Barclaycardover to PRA Group (UK)Ltd.'
28.3.19 Letter from PRA Group, 'We have recently purchased your outstanding balance with Barclaycard'
17.8.19 Requested CCA details
22.8.19 Returned £1 postal order with above letter, no specific mention of this account
25.3.20 Informed StepChange that we intend to self-manage from now on, redirected £308 monthly standing order to separate savings account.
26.3.20 Received statement from PRA, ~£6700 outstanding, ~£650 received.
14.8.20 Letter from PRA Group (UK) Ltd., account is now with Investigations & Litigation Department. If they do not hear from us in the next 30 days then our account will be considered for the next stage etc.
17.9.20 Letter Before Action with form to fill in. Spoke to Di, ignoring for now.
17.9.20 Sent GDPR request to Barclays online
1.10.20 Received letter from Barclays saying that they were unable to comply with GDPR request as the details I provided did not match their records, asking that I provide id at a branch and resubmit.
Sent certified copies of passport & driving license with new request.
17.10.20 Letter from Barclays, they are unable to carry out my GDPR request as they are unable to 'locate the customer from the information provided'.

Barclays are unable to provide any information as they are unable to 'locate the customer from the information provided'. Despite them sending me a letter to this address in March, telling me that they had transferred my account to PRA. If I wish to submit the request they ask that I provide an account number, any previous names and addresses and date of birth. I don't think so.

Unfortunately I can't find any correspondence from before March, I'm not sure why that is.

Do Barclays have different systems to Barclaycard?

[Night Monkey]

Type of account - Barclaycard credit card
Date commenced - Approx 2012
Approx balance - £7300
Date last paid - Early 2018
Are you on arrangement or not paying - DMP with StepChange
Status - default
Account owner - PRA Group (UK) Ltd.

28.3.19 Letter from Barclaycard, 'We've now transferred your Barclaycardover to PRA Group (UK)Ltd.'
28.3.19 Letter from PRA Group, 'We have recently purchased your outstanding balance with Barclaycard'
17.8.19 Requested CCA details
22.8.19 Returned £1 postal order with above letter, no specific mention of this account
25.3.20 Informed StepChange that we intend to self-manage from now on, redirected £308 monthly standing order to separate savings account.
26.3.20 Received statement from PRA, ~£6700 outstanding, ~£650 received.
14.8.20 Letter from PRA Group (UK) Ltd., account is now with Investigations & Litigation Department. If they do not hear from us in the next 30 days then our account will be considered for the next stage etc.
17.9.20 Letter Before Action with form to fill in. Spoke to Di, ignoring for now.
17.9.20 Sent GDPR request to Barclays online
1.10.20 Received letter from Barclays saying that they were unable to comply with GDPR request as the details I provided did not match their records, asking that I provide id at a branch and resubmit.
Sent certified copies of passport & driving license with new request.
17.10.20 Letter from Barclays, they are unable to carry out my GDPR request as they are unable to 'locate the customer from the information provided'.

Barclays are unable to provide any information as they are unable to 'locate the customer from the information provided'. Despite them sending me a letter to this address in March, telling me that they had transferred my account to PRA. If I wish to submit the request they ask that I provide an account number, any previous names and addresses and date of birth. I don't think so.

Unfortunately I can't find any correspondence from before March, I'm not sure why that is.

Do Barclays Bank have different systems to Barclaycard?

[nightwatch]

Barclays Bank and barclay card are seperate, All under the same heading
So you can have a bank account with barclays and a CC with Barclaycard, they may/Will show up on your online banking but the bank may not know what is happening with the card unless they are told by card sevices
the only address I can find is; General Enquiries: Barclaycard House, 1234 Pavilion Drive, Northampton, NN4 7SG, Mail Van area 24,
You may need to provide a ref / card no. off your last letter from them.

[Night Monkey]

Cheers NW. I initially applied online, and then tried again with id to the address on the letter from their GDPR department.

I’m not at home at the moment so will investigate trying again on Monday.

[Night Monkey]

I got some more id certified at the local Barclays branch to save time, and they told me that the general inquiries number is 0333 200 9090. They in turn confirmed the GDPR request address to be:

General Data Protection Regulations (GDPR) Team,
Leicester,
LE87 2BB.

I'll get a new request off this afternoon.

Is there a place on the forum where we can collect this information as we gather it?