Rubywisp's unenforceability diary

[Joanna Connolly Solicitors]

Why would it being assigned to a debt purchaser be preferable?

You've posted that Niddy says the Barclay's loan credit agreement is enforceable, but when an account is assigned the debt purchaser doesn't always have access to the documents held by the original creditor.

So there is a possibility (no guarantee) that the debt purchaser may not be able to get that agreement if you subsequently send a new s77-79 CCA Request to them.

Colin explains this here >

Debt purchasers do not warehouse account documentation and the amount of people who do not choose to dispute an account, assignment or Claim, versus the small amount who do, means original creditors and assignees/debt purchasers do not exchange account documents at the point of assignment for 'economical' purposes. At least economical purposes from their point of view.

Purchasing parties are usually obliged to report the status of accounts to the original creditors, say on a monthly or quarterly basis for instance. That way the original creditor can monitor which accounts they have sold are performing. It also allows them to understand if any accounts they have assigned are in dispute and, if so, if there is any risk to reputation for them.

Furthermore, many original creditors won't release documents to even the party who has purchased the account, unless the account is in dispute and there is a valid reason for doing so from their point of view, i.e. a defence or application to set aside a Judgment received by the assignee.

I imagine that because you are/were paying StepChange, you account was being reported as a 'performing' account and for that reason the assignee won't be able to request documents from the original creditor upon receipt of your CCA request, or that any such request for documents would likely be ignored or at the very least treated as non-urgent. Which it is of course to the assignee who has 12 working days to comply with the request before falling into breach of Section 77/78 of the CCA.

Di

[rubywisp]

Barclays Staff LoanType of account Loan
Date commenced January 2011
Approx balance £1968.22
Date last paid via self managed DMP September 2019
Are you on arrangement or not paying Not paying
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 DCA
7 June 2020 red letter from Wescot letting me know that they had checked my address to confirm that I live here. Filed
17 June 2020 Letter from wescot 70% reduced settlement offer so 1968 down to 590. Filed
16 July 2020 Letter from 2F (trading name of wescot). States Confirmation of Residency at the top and that I should call them. UNless I contact them then they say that Barclays reserves the right to take further action to reestablish contact with me. Filed

30 July 2020 interesting switch to a Payslip type effort from 2f. One that you open by tearing the edges! Another request for me to call them. Will file.

[Joanna Connolly Solicitors]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968.22
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying Not paying
• 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 DCA

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 copyI of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“ Niddy confirmed ENFORCEABLE
16 December 2019 account passed to Moor croft to manage. Letter filed.
27 December 2019 letter from moorcroft wanting a repayment plan. Filed
10 January 2020 letter from moorcroft offering monthly payments. Will file.
22 January 2020 Letter offering a partial settlement. Will file.
5 February 2020 Letter from moorcroft disappointed that I haven't paid. Offering a discount offer if I call to discuss. Filed
Plenty of blocked calls and ignored texts
9 March 2020 Letter from Moorcroft wanting to offer a discount or otherwise they will pass it back to Barclays. Filed.
May 2020 Now moved to Wescot offering me a repayment plan. filed
MAy-July Plenty of blocked calls and ignored texts
7 June 2020 red letter from Wescot letting me know that they had checked my address to confirm that I live here.
17 June 2020 Letter from wescot 70% reduced settlement offer so 1968 down to 590. Filed
16 July 2020 Letter from 2F (trading name of wescot). States Confirmation of Residency at the top and that I should call them. UNless I contact them then they say that Barclays reserves the right to take further action to reestablish contact with me. Filed
30 July 2020 interesting switch to a Payslip type effort from 2f. One that you open by tearing the edges! Another request for me to call them. Will file

Almost a year ago (September 2019) Barclays sent you a credit agreement (in response to your s77-79 CCA Request) which Niddy said was enforceable yet they've not threatened legal action to recover the debt so maybe they're not so sure themselves.

And/or maybe there are other things wrong with the account such as the absence of a compliant Default Notice before they defaulted the account in 2013 (if they did). What was the intended length of the loan when you took it out in 2011?

Have you been informed that the account has been terminated?

Perhaps Barclays next move will be to assign/sell this non-performing debt to a debt purchaser.

Di

[Night Monkey]

... interesting switch to a Payslip type effort from 2f. One that you open by tearing the edges! Another request for me to call them.

I had one of these from Wescot chasing for Santander, and wondered if it might be a new ploy to 'encourage' people to open it. We came to the conclusion that it was probably a new batch-processing system that was cheaper and potentially easier to maintain distance from others.