Stevo62 My Diary

[Stevo62]

Debt 3 Account Westcot
Credit Card originally with Santander
Commencement date 2009
Approx balance £900
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Westcot 21/04/20 acknowledging CCA request, 22/05/20 second letter stating documentation enclosed,
seems incomplete, just a single page with photo copied information on both sides, has a signature but no updated payment or account details,
need to get this checked, no other communication to date (06/07/20)
Niddy says UE

17/08/20 Letter received from Westcot -
We refer to your recent contact on this account.
We would like to thank you for your patience and we can confirm that we are awaiting further information from our client before this issue can be resolved, we will be in touch in due course. If you wish to contact us to discuss this matter please phone or write to- (Filed)

08/03/21 Letter received from Westcot -
Our records show that you have missed a payment on the arrangement we previously agreed with you for this account.
Please contact us urgently to discuss this account. (Filed)

17/03 21 Letter received from Wescot -
We wrote to you on the 3rd of March 2021 to advise you have missed your repayment on our previously agreed payment plan for this account.
To date we have no record of receiving a payment from you since the ..th of June and we need to make contact with you to discuss the reasons for this missed payment.
We agreed to take payments by instalment as a means of resolving the outstanding debt in a way that is affordable to you, however this repayment plan has not been maintained.
Please contact us urgently ..........(Filed)

[Stevo62]

Debt 1 Account Capital One
Credit Card still with Capital one
Commencement date 2005
Approx balance £4500
Last payment June 10th 2020

CCA request sent late May, as the debt was with the original creditor I thought the paperwork would all be in place, CCA received from Capital One
11th of June with abrupt letter stating enforceable, but hope to get this checked, doesn’t seem to be a default notice and not sure about the rest of the paperwork.
Niddy Says UE

12/08/20 Letter received from Cap 1, we have not received payment from your authorised 3rd party, please contact us. (Filed)

21/09/20 Statement of activity received from Cap 1

29/09/20 Letter received from Cap 1, as you have previously been issued with a default we would like to inform you that there is an outstanding balance on your account and its important you make payments to clear the remaining amount.
It is important that you take one of the following steps today - contact us to set up an affordable payment plan, pay the outstanding balance, contact an independent organisation.

If we can't reach an arrangement with you action may be taken to recover the amount you owe which may involve selling your account to a debt purchaser. We reserve the right to take alternative action to recover the outstanding balance. (Filed)

[Joanna Connolly Solicitors]

the content of the letter yesterday is below word for word.

05/08/20 Letter received from PRA -

Unfortunately at the time of writing this letter, there is still not an agreement in place to resolve this matter, an outcome of this is that your account is with our investigations and litigation dept to look at your outstanding debt for possible litigation recovery.

. . .

If we do not here from you within the next 30 days then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you.

The forum has been offline due to some technical issues so can you let me know if PRA have gone ahead with their threat of legal proceedings?

Di

[Joanna Connolly Solicitors]

I would do nothing right now.

You've only recently cancelled your DMP so PRA will be missing the payments which they have been receiving effortlessly from StepChange for some time, possibly years.

Wait for PRA to write to you and/or your wife again.

I wouldn't send another CCA Request from either you or your wife. That can wait until they threaten legal proceedings (which may be never).

(I’ve replied to your PM).

Di

[Stevo62]

I dont recognise either of the names you mention, the content of the letter yesterday is below word for word.

05/08/20 Letter received from PRA -

Dear Mrs Stevo62

PRA group (UK) purchased your MBNA Limited account on ............ and we have been trying to resolve this matter with you since then.

Unfortunately at the time of writing this letter, there is still not an agreement in place to resolve this matter, an outcome of this is that your account is with our investigations and litigation dept to look at your outstanding debt for possible litigation recovery.

We want to work with you to help you clear your remaining debt in an affordable manner and we have a fully trained team waiting to take your call.
We are here to listen and help, especially if you have been impacted by the coronavirus, however we need you to contact us so that we can work together on resolving this matter.
If we do not here from you within the next 30 days then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you.

This is not our preferred way forwards and we look forward to hearing from you within 30 days of the date of this letter.

Call us today on our freephone number ......... to see how we can assist you.

[Joanna Connolly Solicitors]

we could well have been at the previous address when the account was opened . . . the account could have been opened before 2009, sorry to be so vague. . . should I send another CCA from my wife?

No, since we don't know if it was your wife's account yet. That was my question to you, not a statement of fact.

What did yesterday's letter from PRA to your wife say?

Sending CCA Requests too early can cause problems. People do it in the hope of getting a black and white answer as to whether the debt is unenforceable or not. But there's much more to it than just the credit agreement.

You say this debt was assigned to PRA in 2012. But could it have been assigned to Aktiv Kapital before PRA? Does the name Experto Credite mean anything to you?

More haste less speed with this journey. Lawyers are pedantic for good reason

Di

[Stevo62]

By joint I meant we both had credit cards on the account, I would have applied and asked for an additional card for my wife, we could well have been at the previous address when the account was opened, we had so much going on with 4 young children at the time its hard to recollect dates, the account could have been opened before 2009, sorry to be so vague.
It would have been unusual for my wife to take out a card in her name only but possible, should I send another CCA from my wife?

[Joanna Connolly Solicitors]

The account was opened approx 2009, PRA bought the debt from MBNA (Virgin I think) in August 2012.

The letter requesting information to complete security checks on the 16/07/20 to verify my identity was -

full name
date of birth
previous address and postcode

upon confirmation of the above details we will endeavour to respond to your request as soon as possible.

I note from yesterdays letter it was addressed to my wife, I have no original paperwork from MBNA but all our c/cards were as far as I'm aware joint

In which case I think my first hunch may have been right - PRA might want your previous address in order to create a reconstituted credit agreement and/or Default Notice etc. Or am I being too cynical

Were you living at your previous address when you opened the account in 2009?

However to be fair to PRA there's another possibility - you say that yesterday's letter was addressed to your wife, so did she have a MBNA credit card which is why they don't recognise you as 'you' (debt owner) if you sent the s77-79 CCA Request in your name for an account you never had (if you follow me)?

You can't have a credit card account in joint names (unlike a loan). There would be the account holder and possibly an Additional Cardholder who would have no liability for the debt.

So why do you think they are writing to your wife not you?

Di

[Stevo62]

The account was opened approx 2009, PRA bought the debt from MBNA (Virgin I think) in August 2012.

The letter requesting information to complete security checks on the 16/07/20 to verify my identity was -

full name
date of birth
previous address and postcode

upon confirmation of the above details we will endeavour to respond to your request as soon as possible.

I note from yesterdays letter it was addressed to my wife, I have no original paperwork from MBNA but all our c/cards were as far as I'm aware joint

[Joanna Connolly Solicitors]

Debt 10 Account PRA Group UK Ltd
Credit Card original lender MBNA
Approx balance £540
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from PRA 21/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date, (06/07/20)1

7/07/20 Letter received from PRA

Unfortunately we are unable to fulfil your request as we have not yet completed the required security checks in order to verify your identity, the information we require is as follows-


05/08/20 Letter received from PRA - Unfortunately at the time of writing this letter, there is still not an agreement in place to resolve this matter, an outcome of this is that your account is with our investigations and litigation dept to look at your outstanding debt for possible litigation recovery.
It goes on we want to work with you ........
If we do not here from you within the next 30 days then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you.
Call us today ......... (Filed)

There's not enough information about the history of this debt on your thread for me to make any definite suggestions, but when PRA threaten legal proceedings they usually carry out that threat, albeit you should be given 30 days' notice so you can consider your options.

So now is a good time to do your homework.

You appear to have had a letter from PRA in April which is a tacit admission that they don't have the credit agreement following your s77-79 CCA Request. Did that letter also say they'd be seeking it from the original creditor?

You then refer to a letter requesting information to "complete security checks" nearly three months' later. I don't know what information they were asking for (apologies for not reading back through your whole thread) but it does sound like they were fishing for anything which could help them reconstitute a document if they can't get it from MBNA.

Maybe during that three month gap they tried and failed to get the credit agreement from MBNA so I think you should now send a SAR to them (MBNA) to see if there's any interaction between them (MBNA) and PRA during that three months noted on your file.

What year did you open the account, and could it have been one of the many MBNA branded cards? I note you have been in a DMP for ten years so hopefully this is an old account.

Di

[nightwatch]

But if they don't know who you are to fulfil your CAA request.they will find it hard to take it to court of they don't know who you are.????

[Stevo62]

Debt 10 Account PRA Group UK Ltd
Credit Card original lender MBNA
Approx balance £540
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from PRA 21/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date, (06/07/20)1

7/07/20 Letter received from PRA

Unfortunately we are unable to fulfil your request as we have not yet completed the required security checks in order to verify your identity, the information we require is as follows-


05/08/20 Letter received from PRA - Unfortunately at the time of writing this letter, there is still not an agreement in place to resolve this matter, an outcome of this is that your account is with our investigations and litigation dept to look at your outstanding debt for possible litigation recovery.
It goes on we want to work with you ........
If we do not here from you within the next 30 days then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you.
Call us today ......... (Filed)

[Joanna Connolly Solicitors]

Maybe sending a SAR to StepChange would be a good way to get clarity on the history of all these debts.

Di

[Stevo62]

Good afternoon Di, the debt has changed hands like most numerous times, I chose to be paperless with SC so everything was accessed on line, in March I requested a full paper statement with outstanding balances and creditors to allow me to send the CCA requests, the statement only listed current creditors and didn't show original lenders, once I informed SC of my decision to self manage my account was instantly disabled so could no longer login to get any historical info, the DMP became an easy option over the years, we were never bothered by anyone and SC took care of everything the odd communication was never filed, possibly naive and careless but didn't ever think that I would be challenging/resisting the creditors in this manner.
PRA is the only creditor that hasn't listed the original lender on their letters, the rest have
I won't be giving any information to PRA

[Joanna Connolly Solicitors]

I'm not sure whether you saw my earlier post #19, but have you got your StepChange statements which might show who the payments were being made to before PRA acquired the debt, by crosschecking the payment amounts on the list?

Is there no reference to the original creditor's name on any correspondence you have received from PRA (if they have been writing to you in the past)?

First of all I'm intrigued to see you don't know who the original lender was. Maybe PRA don't know either.

You've been in a DMP with StepChange for 10 years, so have they been sending you monthly statements so you could identify a change of ownership from *X* to PRA by the amount being paid to them?

Have you moved house since the debt was assigned to PRA? Do you recall receiving a Notice of Assignment from PRA and the Original Creditor?

I would definitely NOT give them your DOB or previous address in case they use that information to reconstitute a credit agreement. I can't think of any other reason they would want your previous address.


Di