John300 UE Diary

[nightwatch]

Ok , Now STOP calling them.

I have edited your posts

[nightwatch]

Tesco Credit Card
- Date Commenced: Approx August 2015 (defaulted and CCJ October 2018)
- Balance: £3353
- Token monthly payment £5
- Default and CCJ on cerdit score dated Oct 2018
- Account Owner: BLS Collections

CCA request in writing 15/05/2020

did you defend the CCJ ? who took it to court?

[john300]

Ok , Now STOP calling them.

I have edited your posts

Cheers for editing them and I'll stop calling them

[john300]

did you defend the CCJ ? who took it to court?

I've been looking for any information on this. Stay with me here lol
I found a CCJ claim from 25 sept 2018. It turns out the CCJ was actually for the MBNA card not Tesco.
The confusion came around because I got a default at around the same time from Tesco credit card.
I did not defend the CCJ from memory I admitted the amount and asked for time to pay. It was PRA who took it to court.
It states I originally entered into an agreement with MBNA on 12/06/2006.
Defaulted on that agreement 30/11/2012 with a balance of £3872.71.
Was assigned to Aktiv Capital Portfolio who itself assigned the debt to PRA.
I have hardly any letters from years of burying my head in the sand regarding my debts so I apologise that some of the information provided wasn't as accurate as I thought.

[nightwatch]

no need to apaologise,
i can't remember what I made for tea yesterday, so thing that happened years ago, which you don't want to remember become unimportant.

Till you post on here and I ask questions,

just edit the post(s) as and when you find things out, helps us to see where you may need to go next.

[Roger]

I've been looking for any information on this. Stay with me here lol
I found a CCJ claim from 25 sept 2018. It turns out the CCJ was actually for the MBNA card not Tesco.
The confusion came around because I got a default at around the same time from Tesco credit card.
I did not defend the CCJ from memory I admitted the amount and asked for time to pay. It was PRA who took it to court.
It states I originally entered into an agreement with MBNA on 12/06/2006.
Defaulted on that agreement 30/11/2012 with a balance of £3872.71.
Was assigned to Aktiv Capital Portfolio who itself assigned the debt to PRA.
I have hardly any letters from years of burying my head in the sand regarding my debts so I apologise that some of the information provided wasn't as accurate as I thought.

I would contact

Diana Mayhew

i over this CCJ

[john300]

I would contact

Diana Mayhew

i over this CCJ

Hi, sorry for the late reply I've been working long hours this week. for what reason do you think it's worth contacting Diana over the CCJ

[john300]

Received a letter on 28th May from arrow showing my payments since last October.

Received a letter on the same day from Moorcroft acknowledging my CCA request. They said they will forward it when it's received.

[Roger]

Hi, sorry for the late reply I've been working long hours this week. for what reason do you think it's worth contacting Diana over the CCJ

..

I found a CCJ claim from 25 sept 2018. It turns out the CCJ was actually for the MBNA card not Tesco.

states I originally entered into an agreement with MBNA on 12/06/2006.

Defaulted on that agreement 30/11/2012 with a balance of £3872.71.

Was assigned to Aktiv Capital Portfolio who itself assigned the debt to PRA. ..

My impression is that you didn't know that PRA had issued a claim and this CCJ was uncontested and by default!
Is this what happened? When did you find out about the Judgement?
Did PRA have authority to sue?
Was the MBNA CCA EN?

[Joanna Connolly Solicitors]

I found a CCJ claim from 25 sept 2018. It turns out the CCJ was actually for the MBNA card not Tesco. . . .
I did not defend the CCJ from memory I admitted the amount and asked for time to pay. It was PRA who took it to court.

If you filed an Admission to the court claim then you will have sadly missed the boat for subsequently Defending it.

However are you absolutely certain that you filed an Admission at court, or did you just agree a payment plan with PRA direct who didn't seek Judgment?

I'm expecting the answer to be you received the Order (CCJ) in the post (and it's showing on your CRA file) but I thought I'd check to see if a miracle has happened.

Di

[john300]

If you filed an Admission to the court claim then you will have sadly missed the boat for subsequently Defending it.

However are you absolutely certain that you filed an Admission at court, or did you just agree a payment plan with PRA direct who didn't seek Judgment?

I'm expecting the answer to be you received the Order (CCJ) in the post (and it's showing on your CRA file) but I thought I'd check to see if a miracle has happened.

Di

Hi Diana.
The CCJ is showing on my credit file. I just remembering at the time to agreeing to a payment plan with PRA.

[Joanna Connolly Solicitors]

Hi Diana.

The CCJ is showing on my credit file. I just remembering at the time to agreeing to a payment plan with PRA.

I'm guessing that PRA (or their instructed solicitors) sent your offer to the court as an admission of the debt, hence the CCJ (unless you filed the Admission yourself).

There's no point in torturing yourself over whether you would have had a winnable Defence to their claim. Let's look at where you go from here.

I'll take a look at all your seven debts and post my comments tomorrow.

I may have some questions for you

Di

[john300]

I'm guessing that PRA (or their instructed solicitors) sent your offer to the court as an admission of the debt, hence the CCJ (unless you filed the Admission yourself).

There's no point in torturing yourself over whether you would have had a winnable Defence to their claim. Let's look at where you go from here.

I'll take a look at all your seven debts and post my comments tomorrow.

I may have some questions for you

Di

Thanks for taking your time to look through my case

[Joanna Connolly Solicitors]

Halifax Credit Card
- Date Commenced: Approx August 2008 (defaulted 2010 approx)
- Balance: £3657
- Token monthly payment £3
- Default dropped off credit file
- Account Owner: Cabot

. . . 18/05/2020 - I received a letter thanking me for my CCA request, they said "unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the agreement and terms and conditions from your original lender".

Do you know precisely who (which Cabot) owns this debt regardless of who is writing to you? You've not said when it was assigned to Cabot but the exact details should be on the Notice of Assignment if you were served with one at the time.

Non compliance with s77-79 CCA is only one way for a debt to be unenforceable; if the debt owner intends to issue legal proceedings they should be authorised by the FCA (Cabot Financial (UK) Ltd isn't).

Jo explains the relevance here >

The Cabot group of companies have issues with their assignment process and documentation, as was shown in our recent cases of MFS Portfolio V Phelan & West. We won this case at appeal, following days of argument and counter argument. Part of the judgment confirmed our position both on assignment and that personal account overdrafts are subject to the regulatory framework of the Consumer Credit Act, including S.78 CCA 1974.

The judgment, however, was not all in our favour. The Circuit Judge ruled in favour of MFS Portfolio on a point relating to the use of servicing agents to avoid authorisation by the Financial Conduct Authority under the para 55 FSMA 2000 servicing exemption which we believed to be wrong. However, as we had won the appeal for our client, we were unable to appeal this judgment to the Court of Appeal.

We did however 2 months later obtain another Circuit Judge decision in the Idem Capital Securities Limited case that debt purchasers who are not authorised cannot issue proceedings in the county court regardless of whether there is a para 55 FSMA 2000 servicing agreement in place. Idem did not appeal the judgment.

We currently have other cases going through the courts, which will hopefully obtain binding decisions both on lack of authorisation by the Financial Conduct Authority and other issues too.

Di

[john300]

Do you know precisely who (which Cabot) owns this debt regardless of who is writing to you? You've not said when it was assigned to Cabot but the exact details should be on the Notice of Assignment if you were served with one at the time.

Non compliance with s77-79 CCA is only one way for a debt to be unenforceable; if the debt owner intends to issue legal proceedings they should be authorised by the FCA (Cabot Financial (UK) Ltd isn't).

Jo explains the relevance here >




Di

Hi Di,

Thanks for the info.

I have just contacted Cabot as I don't have any old paperwork.
Cabot said the card was taken out 29/08/2007, the debt was defaulted 2012.
Cabot said that they legally owned the debt from 24/06/2015. They didn't know who owned the debt previous to themselves.