Rubywisp's unenforceability diary

[rubywisp]

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.

Emails being received offering 20% discount!
Aug-Oct 2020 Regular emails letting me know that they are there for me......

[rubywisp]

MBNA/ Link Financial


Type of account Credit card

• Date commenced 30/07/2012
• Balance £2589.83
• Date last paid - paid via self managed DMP. Last payment 1st September 2019
• Are you on arrangement or not paying Not paying
• 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. Niddy confirms ENFORCEABLE
9th January 2020 Letter wondering whether it was an oversight that I haven't paid anything! I can contact to discuss my options. Letter filed!
^{30 July 2020 no longer showing on credit karma
25th September 2020 Letter asking me to call them.}

[rubywisp]

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

[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.

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

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

[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

[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]

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]

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?

[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]

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?

[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]

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]

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]

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.