Night Monkey's diary

[Night Monkey]

I stopped any updates regarding the Barclaycard account (see post #3)as soon as it went legal. We now have a result so I've updated the diary with the missing events but in short, PRA gave up, the claim has been dismissed and can't be brought against me again.

Big ups and many thanks to all at JCS, I couldn't have done it without them.

For anyone who wants the ins & outs of the legal shenanigans, I'll summarise it here in a more discursive form.

PRA hold two of my accounts, Barclays (£6700) and MBNA (£8250). Following CCA requests they provided what appeared to be an enforceable one for the MBNA account and nothing for Barclaycard. Despite this they chose to issue court proceedings for the Barclaycard balance in October 2020 at which point I engaged JCS to represent me.

While JCS dealt with the court and requested the documentation that the claim relied on (CCA, default notice and notice of assignment), I sent a GDPR request to PRA and they duly sent me the results. This covered both accounts and included notes that the Barclaycard CCA was unavailable and that the MBNA account should have been flagged as 'unenforceable' following the initial CCA request in 2019, due to them not being able to source the original terms and conditions.

In the meantime PRA ignored our requests for documentation so we submitted an application for the court to compel them to provide it. This application was assigned to a judge who rather than simply directing PRA to produce what they should have done already decided that it needed to go to a hearing, which was scheduled for March.

Following more silence from PRA they eventually, if you'll forgive the legal terminology, consented to the hearing being vacated and the claim against me being dismissed.

As time wound on this agreement was lodged with the court and the hearing duly cancelled.

In short, PRA gave up. This means that the alleged Barclaycard debt has gone away and cannot be brought against me again.

I've included fairly granular detail here because I thought it would be useful for other forum members to see how a case in the small claims court might play out. Before discovering this forum I would have feared such a claim appearing and probably admitted to it just to get a resolution quickly without going to court, but armed with knowledge and support from this forum I was able to fight it successfully. Or at least employ someone else to do that on my behalf :-).

It's also worth noting that PRA had provided what appeared to be a valid CCA for the MBNA account, but by their own admission can't provide the necessary terms and conditions. They still contact me regularly asking me to agree a payment plan. I'll continue to ignore them and know what to do if they get shirty.

[Night Monkey]

Thanks, Di. I've just checked the filing and unusually for me easily found copies of my CCA requests and the associated proofs of delivery so I'm as prepared as I can be.

You'll have to endure Wescot phoning, texting, sending letters...

I'm considering setting up some kind of 'Wescot Bingo' to add some entertainment as I tick off each letter that comes

[Joanna Connolly Solicitors]

Today we received three identical letters from HSBC, two for the joint overdraft and one for the credit card, informing us that the accounts have been moved to Wescot Credit Services Ltd. who will contact us. They apparently have a range of payment plans and will work with us, etc.

I've taken a look back at your thread and can see that HSBC have not complied with your CCA Requests for both of these debts, and you sent them Recorded Delivery so have proof they received them. That was in September 2019.

It's almost the first anniversary of you ceasing payments to them via StepChange so hopefully they can now see that situation (no money from you) is not going to change anytime soon.

You'll have to endure Wescot phoning, texting, sending letters but they'll soon run out of steam and pass it back to HSBC who will eventually assign it to a debt purchaser.

This process may take some time

Di

[Night Monkey]

...they will start their little machine and churn out Ltr1 / 1/2/2/3/3/3/3 etc etc.

Always nice to have something to look forward to :-)

[The Tech Clerk]

wescot - bless them they hope to commission any payments you may make!!! they will start their little machine and churn out Ltr1 / 1/2/2/3/3/3/3 etc etc

[Night Monkey]

Today we received three identical letters from HSBC, two for the joint overdraft and one for the credit card, informing us that the accounts have been moved to Wescot Credit Services Ltd. who will contact us. They apparently have a range of payment plans and will work with us, etc.

I believe Wescot are a DCA so sadly the accounts haven't been sold on but hopefully this is a step on that road.

[Joanna Connolly Solicitors]

letter arrives this morning from drydensfairfax regarding the Santander card. Nothing exciting, the expected 'if you don't pay us then we may do something else'.

That won't alter the fact that the Santander credit agreement is unenforceable

Di

[Night Monkey]

so have they contacted you again?

And true to form a letter arrives this morning from drydensfairfax regarding the Santander card. Nothing exciting, the expected 'if you don't pay us then we may do something else'.

[Night Monkey]

so have they contacted you again?

No, all quiet at the moment.

(Good news about the mortgage arrears being paid off!)

It is indeed. One more step on the road...

[Joanna Connolly Solicitors]

Type of account - Santander credit card
Date commenced - Approx. 2013
Approx balance - £6905
Date last paid - Early 2018
Are you on arrangement or not paying - DMP with StepChange
Status - default
Account owner - Wescot Credit Services

17.8.19 - Requested CCA details . . . . 26.11.19 Received CCA from Wescot, sent to Niddy for comment. . . . 18.12.19 Niddy says unenforceable - hooray! Random agreement not specific to me, and no signature.

. . .

6.1.21 Letter received from drydensfairfax, 'Instructed by Santander to obtain repayment of amount ... please contact us by 18th January to discuss current circumstances'.

You didn't contact Drydensfairfax by the 18th January (because this debt is unenforceable) so have they contacted you again?

(Good news about the mortgage arrears being paid off!)

Di

[nightwatch]

I thought I'd just add a quick note mentioning that our mortgage arrears are now paid off, which seems like something of a milestone on this journey.

That's a good start to the New Year

[Night Monkey]

I thought I'd just add a quick note mentioning that our mortgage arrears are now paid off, which seems like something of a milestone on this journey.

[Joanna Connolly Solicitors]

I'm assuming that we're just grinding through the system.

Yes you are - one template letter at a time.

Di

[Night Monkey]

Is this the first letter you've received from DrydensFairfax?

It is indeed, all previous missives have come from Wescot so I'm assuming that we're just grinding through the system.

[Joanna Connolly Solicitors]

The letter from Dryden's doesn't look like a formal letter before action, & doesn't include an I&E request - I assume the best course of action is to continue radio silence?

Is this the first letter you've received from DrydensFairfax?

If it were to be a Letter of Claim is should say so clearly, with a Reply form with Boxes A-D to complete etc, so I agree with you it doesn't sound (or look) like a LOC.

They'll probably write to you again after 18th January.

Niddy has already told you that the credit agreement is unenforceable, so keep your head down, but post up when the next letter arrives.

Di