Announcement

Collapse
No announcement yet.

Rubywisp's unenforceability diary

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Rubywisp's unenforceability diary

    My financial problems stem from living with a spendthrift soon to be ex husband who couldn't hold down a job for love nor money. Also by being dismissed from work for Barclays due to chronic ill health in 2013. I had been on half pay for two years before this on their income protection scheme.

    Barclaycard/ PRA
    • Type of account Credit card
    • Date commenced 01/06/2007
    • Approx balance 6049
    • Date last paid was paid via DMP. Last payment December 2017
    • Are you on arrangement or not paying Not paying
    • Status Default July 2015
    • Account owner PRA
    This is already deemed unenforceable due to no credit agreement by PRA and Barclaycard and I have letters from both confirming this.
    Last edited by rubywisp; 5th September 2019, 07:11.

  • #2
    MBNA/ Link Financial

    Type of account Credit card
    • Date commenced 30/07/2012
    • Approx balance 2609
    • Date last paid - paid via self managed DMP. Last payment 1st September 2019
    • Are you on arrangement or not paying In an arrangement
    • Status Default July 2014
    • Account owner Link - Debt Purchaser
    3rd September 2019 CCA request sent with 1 postal order
    5th September 2019 Letter signed for
    5th October 2019 CCA received with letter stating it is enforceable. I will send to Niddy for checking though. I am still waiting on my other email from 18th September. I know everyone is busy but I'm getting twitchy
    Last edited by rubywisp; 5th October 2019, 10:18.

    Comment


    • #3
      Barclays Staff Loan
      • Type of account Loan
      • Date commenced January 2011
      • Approx balance 1968
      • Date last paid via self managed DMP September 2019
      • Are you on arrangement or not paying On an arrangement
      • Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
      • Account owner (who is writing to you, a DCA or the lender) Lender
      3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

      8th September 2019 S77/78 CCA Request sent

      18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copy of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974 sent to Niddy

      Last edited by rubywisp; 18th September 2019, 12:56.

      Comment


      • #4
        Originally posted by rubywisp View Post
        Barclaycard
        • Type of account Credit card
        • Date commenced 01/06/2007
        • Approx balance 6049
        • Date last paid was paid via DMP. Last payment December 2017
        • Are you on arrangement or not paying Not paying
        • Status (default/in arrears/up-to-date) Default July 2015
        • Account owner (who is writing to you, a DCA or the lender) DCA
        This is already deemed unenforceable due to no credit agreement by PRA and Barclaycard and I have letters from both confirming this.

        Did you send a formal s77/78 CCA Request with the 1 statutory fee to PRA or Barclaycard or both?

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Originally posted by rubywisp View Post
          MBNA/ Link Financial

          Type of account Credit card
          • Date commenced 30/07/2012
          • Approx balance 2609
          • Date last paid - paid via self managed DMP. Last payment 1st September 2019
          • Are you on arrangement or not paying In an arrangement
          • Status (default/in arrears/up-to-date) Default July 2014
          • Account owner (who is writing to you, a DCA or the lender) DCA
          CCA request sent with 1 postal order 3rd September 2019

          Do you know when this debt was assigned (i.e. sold) to Link by MBNA?

          If Link Financial is the current debt owner then your s77/78 CCA Request should be sent to them not MBNA

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Originally posted by rubywisp View Post
            Barclays Staff Loan
            • Type of account Loan
            • Date commenced January 2011
            • Approx balance 1968
            • Date last paid via self managed DMP September 2019
            • Are you on arrangement or not paying On an arrangement
            • Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
            • Account owner (who is writing to you, a DCA or the lender) Lender
            3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.
            Why not send a s 77/78 CCA Request to Barclays - this could give you legal protection if they can't comply.

            A Subject Access Request provides information and data only.

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Originally posted by Diana Mayhew View Post


              Do you know when this debt was assigned (i.e. sold) to Link by MBNA?

              If Link Financial is the current debt owner then your s77/78 CCA Request should be sent to them not MBNA

              Di
              It was assigned in October 2014. I sent the s77/78 to Link with the 1

              Comment


              • #8
                Originally posted by rubywisp View Post
                Barclaycard
                • Type of account Credit card
                • Date commenced 01/06/2007
                • Approx balance 6049
                • Date last paid was paid via DMP. Last payment December 2017
                • Are you on arrangement or not paying Not paying
                • Status (default/in arrears/up-to-date) Default July 2015
                • Account owner (who is writing to you, a DCA or the lender) DCA
                This is already deemed unenforceable due to no credit agreement by PRA and Barclaycard and I have letters from both confirming this.

                Can you clarify if you sent a formal s77/78 CCA Request to PRA and/or Barclaycard.

                PRA are a debt purchaser not a DCA (Debt Collection Agency). Do you know the date/year it was assigned to them?

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Hi Di

                  Staff Barclaycard/PRA

                  My credit file is showing that I was defaulted by Barclaycard in July 2015 and it shows PRA reporting it from September 2015. I sent the formal CCA request to PRA who forwarded it on to Barclaycard. I have letters from both in 2017 stating that the debt is UE as they cannot locate the CCA. I have sent these through on the webmaster address for checking and had confirmed that they are UE.

                  Staff Barclayloan

                  I sent a GDPR request as advised by Tech Clerk. Should I just send in the S77/78 CCA request now. My concern was that they weren't reporting to any of the CRAs but the default if it had been sent to the CRA would drop off in December anyway.

                  THank you once again. Do I need to pay for the services I'm receiving?

                  Comment


                  • #10
                    Originally posted by rubywisp View Post
                    Hi Di

                    Staff Barclaycard/PRA

                    My credit file is showing that I was defaulted by Barclaycard in July 2015 and it shows PRA reporting it from September 2015. I sent the formal CCA request to PRA who forwarded it on to Barclaycard. I have letters from both in 2017 stating that the debt is UE as they cannot locate the CCA. I have sent these through on the webmaster address for checking and had confirmed that they are UE.

                    Staff Barclayloan

                    I sent a GDPR request as advised by Tech Clerk. Should I just send in the S77/78 CCA request now. My concern was that they weren't reporting to any of the CRAs but the default if it had been sent to the CRA would drop off in December anyway.

                    THank you once again. Do I need to pay for the services I'm receiving?
                    NOTE:- ( If you mean on here now =NO, we are volunteers))
                    Last edited by The Tech Clerk; 5th September 2019, 07:53.
                    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


                    • #11
                      Thank you. It is much appreciated. I'll join Aad+ soon. What do you think i should do about the s77\78 cca to my staff loan?

                      Comment


                      • #12
                        Originally posted by rubywisp View Post
                        Hi Di

                        Staff Barclayloan

                        Should I just send in the S77/78 CCA request now. My concern was that they weren't reporting to any of the CRAs but the default if it had been sent to the CRA would drop off in December anyway.

                        Yes, you should send a s77/79 CCA Request to Barclays for this loan. If they can't/don't reply within the statutory time-frame then the debt becomes unenforceable until or unless they do comply.

                        You must include the 1 fee with your request.

                        I wouldn't worry about the default and your CRA file for now. Barclays may have made an error so you don't want them to figure out how to correct it.

                        I think you posted that you are paying them 50 per month for this debt. They may consider that as an ATP (Arrangement to Pay) so haven't defaulted you. If they decide to default you now (nearly 6 years after they should have defaulted you) then you can take issue with that later.

                        If they assign (sell) your debt to a third party without having issued a Default Notice before the termination of the account, then they'll have a problem.

                        So maybe keep quiet about the default for the moment.

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #13
                          Great thanks Di. I can't remember if I actually ever signed anything for this one or if it was just over the phone. Fingers crossed!

                          I'll get that off to them tomorrow.

                          Comment


                          • #14
                            Originally posted by rubywisp View Post
                            being dismissed from work for Barclays due to chronic ill health in 2013. I had been on half pay for two years before this on their income protection scheme .

                            On a separate note, did you get any legal advice on your dismissal due to ill health?

                            Was the "income protection scheme" (PPI?) limited to two years?

                            When exactly in 2013 were you dismissed?

                            Di
                            Legal Disclaimer

                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Originally posted by Diana Mayhew View Post


                              On a separate note, did you get any legal advice on your dismissal due to ill health?

                              Was the "income protection scheme" (PPI?) limited to two years?

                              When exactly in 2013 were you dismissed?

                              Di
                              I did get legal advice at the time as I was not attempting to stop my dismissal as there was and is no job that I am able to do. I was attempting to get my ill health pension paid ( I was only 36). I had had major surgery for one condition but my other condition which is a connective tissue disorder and hadn't yet been diagnosed is really what stops me from being able to work. I did not get my diagnosis of Ehlers Danlos Syndrome until 2016. As I could not evidence that I was permanently unable to to do any job, the firm of specialist pain solicitors that I had contacted said that unless I was able to pay out of pocket for some very expensive specialists to give evidence then I would have no chance in winning my pension. We were not in a position to do so and as my EDS took two years to be diagnosed with only a few specialists in the country, I don't believe that it would have helped. The firm are regulated under the SRA.

                              Barclays paid full pay for six months and then two years at half pay if you were judged to qualify for it.

                              It was August 2013 that my dismissal happened.

                              Thank you for your time once again.

                              Comment

                              Who's Viewing Thread: 1 (0 members and 1 guests)
                              Working...
                              X