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  • Qotn2011 tries again!

    Hello

    I had a diary a little while ago, but I was useless at keeping it up to date.

    A little bit about me........

    I have debts (obviously, otherwise, why would I be here?). Not huge in the big scheme of things, but big for me. At their worst, the figure was c£25. It now stands at c£15.

    I have MS - most definitely not recommended - and took medical retirement from work last year. I worked in a stressful environment and it made my MS symptoms worse. I am unlikely to return to full time work, or any kind of work, any time soon. Thankfully since I retired, my health has stabilised and I am very grateful for the help I receive from my husband and the medical professionals. I have just about enough money to live on.

    My debts came to the fore in late 2013 (just after diagnosis) and so I began a DMP with Stepchange in 2014.

    I look forward to sorting out this debt mess once and for all. I look forward to hearing your advise on what to do next!

    The debts are below.......

    Qotn

  • #2
    Debt 1: Barclaycard
    • Credit card
    • c1994/95
    • £8,890
    • Last paid September 2019 (DMP)
    • Arrangement (DMP via Stepchange)
    • Default - date April 2014
    • Account owed by PRA



    I sent a CCA request 2017 (I think).

    I've had further communication with PRA who sent another copy of the agreement which Niddy has deemed to be UNENFORCEABLE!!!


    13/12/19 - email from PRA stating that “After careful consideration, I would advise that we are not willing to accept your offer at this time. The reason for this is we do not have enough information relating to your current finances to give us full picture of your circumstances.”. This case is also being looked at by the Disputes department.

    17/1/2020 - email from PRA

    "I refer to your dispute raised on 12 November 2019. We are currently awaiting further information to enable us to resolve the dispute. Be assured, the account continues to remain on hold during our investigation period.

    Please rest assured that we are committed to responding as soon as we can and will continue to provide you with regular updates as to our progress."

    20/1/2020 - email from PRA Disputes Team

    "I note that on 9 August 2018 we responded to you by providing a copy of the statements and the original agreement. After reviewing this, I would deem the account unenforceable, as the agreement is illegible and we have not provided either a reconstituted or a copy of historic or varied terms and conditions.
    We have currently classified this debt as unenforceable, which means we are not able to take court or further enforcement action against you to recover the outstanding balance. Please be advised this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to: • Contact you and ask you to repay what you owe; • Pass your details onto a third party collection agency; • Continue to report your account with the credit reference bureaux (as appropriate)."

    Account to be placed on hold for 30 days.

    20/1/2020 - a further email from PRA

    "In my most recent response , I advised that the account will remain on hold for 30 days, at which point contact will resume. My apologies, as your account is being managed by our Customer Support Team, due to your health . They will contact you to discuss your account"
    Last edited by Qotn2011; 22 January 2020, 10:15.

    Comment


    • #3
      Debt 2: Mastercard
      • Credit card
      • c1994/95
      • £1,900
      • Last paid September 2019 (DMP)
      • Arrangement (DMP via Stepchange)
      • Default - date April 2014
      • Account owed by PRA




      I sent a CCA request 2017 (I think).

      I've had further communication with PRA who sent another copy of the agreement which Niddy has deemed to be UNENFORCEABLE!!!


      13/12/19 - email from PRA stating that “After careful consideration, I would advise that we are not willing to accept your offer at this time. The reason for this is we do not have enough information relating to your current finances to give us full picture of your circumstances.”. This case is also being looked at by the Disputes department.

      16/1/2020 - email from PRA Disputes department stating:

      "I note that on the 20 August 2018 we sent a letter, advising that as we are unable to supply a copy of the original agreement, the account it is unenforceable. My apologies as this was incorrect, as we had provided a reconstituted copy, which included Historic and Varied terms and conditions and short form cancellation, as such we deem the account enforceable. However, only a court can make this decision and at present we are not considering legal action. I have included a further copy of the reconstituted agreement for your records. Please the statement of account from Barclaycard is out of date, as payments have been made since they provided this."

      Also included Recon and Historic and Varied T&C
      Last edited by Qotn2011; 17 January 2020, 15:39.

      Comment


      • #4
        Debt 3: Lloyds
        • Credit card
        • c2008
        • £2,200
        • Last paid September 2019 (DMP)
        • Arrangement (DMP via Stepchange)
        • Default - date 2015
        • Account owed by Westcot (or possibly Link)


        I have not sent a CCA for this account yet.

        I shall do this over the weekend.



        3/2/2020 - CCA sent (i know this was a very long weekend, but it’s done now).
        CCA request send to Link who seem to be managing this debt now, not Westcots as previously thought

        5/3/2020 - Letter received from Link stating:

        "Unfortunately the original creditor Lloyds Bank PLC has been unable to comply with your request as the vendor documentation has not been received in the 12 working day timescale.

        Although the account is currently unenforceable until such time the vendor documentation has been received, the outstanding balance remains collectable and it is acceptable for creditors to register and continue reporting of a default.

        This completes our obligations until Section 78 of the Act"



        2/6/2020 - letter received from Link, enclosing a copy of the agreement and terms of conditions, all printed on Link headed paper. Sent to Niddy for enforceability check (the letter says it is!)

        3/6/2020 - Niddy confirms this is
        Last edited by Qotn2011; 3 June 2020, 16:20.

        Comment


        • #5
          Debt 4: Lloyds
          • Overdraft
          • Been overdrawn for the best part of 20 years. Had the current account since 1985
          • £2,600
          • Last paid September 2019 (DMP)
          • Arrangement (DMP via Stepchange)
          • Default - date April 2015
          • Account owed by Link

          I did send a CCA request thinking this was the credit card but Link wrote back to me to tell me that it was not a credit card debt.

          Should I send a different CCA request for this debt?

          Comment


          • #6
            I need to add something here - I can get really stressed by the situation which can impact negatively on my health. I must always consider what is the best for me whichever course of action I take.

            I look forward to your suggestions!

            Qotn

            Comment


            • #7
              Originally posted by Qotn2011 View Post
              I had a diary a little while ago, but I was useless at keeping it up to date.

              I look forward to sorting out this debt mess once and for all. I look forward to hearing your advise on what to do next!

              What a good way to start your weekend - unloading all your debts to get help and support from the forum

              I've found your original Diary thread which I'll park here for reference > https://all-about-debt.co.uk/forum/d...ue-diary/page2

              I'll take a peek at all your new posts on this thread and then make some suggestions.

              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 0151 254 6986 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


              • #8
                I’ve had a communication from PRA Group - I’ve added to my original post - is there a better way to do this?

                Comment


                • #9
                  keep adding updates to your original post by editing it,save it then hit 'quote'
                  then just add 'update' 'filed' or ask a question if you have one,

                  This keeps everyone updated on where things are up to, instead of us having to go back to see what has been sent/ received, or me repeating what someone else has suggested, we can see what has been said and maybe have a different idea,

                  Best wishes for 2020 NW
                  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


                  • #10
                    Originally posted by Qotn2011 View Post
                    I’ve had a communication from PRA Group - I’ve added to my original post

                    You have two debts with PRA so did you receive the same letter from PRA for each of them?

                    Debt 1 was a Barclaycard from 1994/5 with a balance of £8.9k

                    Debt 2 was a Mastercard from 1994/5 with a balance of £1.9k, but who was the original creditor?

                    In both cases you say you "think" you sent a CCA Request to each of them in 2017. Can you recall sending a £1 postal order or cheque for the statutory fee with your request, or was it a more informal email etc?

                    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 0151 254 6986 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


                    • #11
                      Hello Di,

                      Happy New Year to you.

                      Thank you for your reply - I confirm that I sent separate CCA requests, in 2017, enclosing a postal order for £1, to PRA for the Barclaycard and MasterCard accounts.

                      I received a reply from PRA which I sent to Niddy, who confirmed that both accounts were unenforceable.

                      i hope that clarifies matters a little bit.

                      Thanks
                      Qotn

                      Comment


                      • #12
                        Yep. When they send a pile of crap it'll usually always be UE.

                        Obv don't do anything yet. See what Di suggests.
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                        Comment


                        • #13
                          Originally posted by Qotn2011 View Post
                          Hello Di

                          Thank you for your reply - I confirm that I sent separate CCA requests, in 2017, enclosing a postal order for £1, to PRA for the Barclaycard and MasterCard accounts.
                          Thank you for the update

                          Post up if you receive a Letter of Claim from PRA for the ex-Barclaycard account purchased by them.

                          Sorry to be a pain but can you clarify who was the original creditor of the Mastercard account.

                          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 0151 254 6986 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


                          • #14
                            [QUOTE=Sorry to be a pain but can you clarify who was the original creditor of the Mastercard account.

                            Di

                            Hi Di,

                            The original creditor for MasterCard was Barclaycard (if that makes sense).

                            I opened both cards with one application form (kind of “take out this Barclaycard and get a MasterCard at the same time”)

                            I hope this helps.

                            Thanks
                            Qotn

                            Comment


                            • #15
                              Just to share a bit of an experience

                              I too applied for a Barclaycard ( Visa) some years ago and also ended up applying for the Mastercard at roughly the same time. Its what they did

                              Time went by and my financial situation changed - It was a terrible time and I decided to followed the UE route after finding this Forum

                              My balances were roughly the same, One larger one smaller

                              Both were passed ( Sold) to PRA from Barclaycard

                              Both were deemed UE - Because the CCA reply was diabolical - It was not even an agreement - Just some terms and a photocopy of a few old statements etc

                              Long story short - Try as they might - Their paperwork ( and other things ) was hopeless and I sailed into the UE sunset as there was not a hope in hell that they had anything compliant

                              I can well imagine yours will be the same and that time will come quicker than you know

                              Keep going - And keep updating your diary - Your doing great

                              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

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