Rubywisp's unenforceability diary

[Joanna Connolly Solicitors]

I forgot to put the postal order in the Barclays loan CCA! Do I just resend with it

At least you've realised the omission

Make sure you send the second/replacement s77/79 CCA Request by Royal Mail Recorded Delivery so there can be no ambiguity as to which one they're responding to. Keep a photocopy/photo of the postal order too.

Di

[rubywisp]

Thank you. A "doh" moment!

[The Tech Clerk]

yes

[rubywisp]

Damn, realised that I forgot to put the postal order in the Barclays loan CCA! Do I just resend with it and then I guess the 12+2 starts from the date that that one is received?!

[rubywisp]

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.

[Joanna Connolly Solicitors]

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

[rubywisp]

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.

[Joanna Connolly Solicitors]

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

[rubywisp]

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?

[The Tech Clerk]

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))

[rubywisp]

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?

[Joanna Connolly Solicitors]

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

[rubywisp]

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

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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