My Diary

[ca71]

12+2 days are up tomorrow for the 2 outstanding CCA's. If no response by, say, Monday, is it worth resending this time recorded delivery with a covering letter saying 'Where is my reply to my CCA request?'

[Joanna Connolly Solicitors]

Debt 1 - PRA Group

Type of account: Barclaycard Platinum Credit card
Date commenced: October 2010
Approx balance: £23.5k
Date last paid in full: December 2016
Status: Default Issued Jan 2017
Current status: £5 per month by standing order since date of default
Assigned: PRA Group in December 2017
Account Owner: PRA Group

History:
09/05/2019 - PRA offered to settle account for 37.5% of the outstanding debt - Filed
22/12/2020 - CCA sent and proof of posting obtained
08/01/2021 - Reply from PRA; returning £1 Postal Order (they don't charge) and stating they need to refer to the original lender and that collection activity will cease. I've cancelled my Standing Order.

PRA have chosen to cease collection activity because they don't have your credit agreement relating to this old Barclaycard.

They have been content to receive a modest sum (a fiver) each month since 2016 or thereabouts. They offered to settle the £23k debt for only 37% of the value. I wonder if they know or suspect it's got 'enforceability' issues.

I'm not raising expectations but PRA have a reputation for losing in court when it comes to proving they own the debt let alone an enforceable credit agreement (see below )

Most people know that PRA took me to court and lost, but that's not the only time it happened as Jo posted here >

Another headache for PRA Group (UK) Limited today as we won another case against them in Walsall County Court.

The District Judge found for us in all our defence points - the agreement unenforceable, no evidence of assignment, bad default notice, non service of statutory notices and s.78 CCA 1974 breach.

PRA Group (UK) Limited were refused permission to appeal.

It was a 10k claim.

Di

[ca71]

Thanks, Nightwatch. I never speak to creditors on the phone and block any numbers that they call from.

[nightwatch]

Hiya.
it's as good a time as any, Cabot have offered low F&F, so me thinks they know that they may have problems getting paperwork, because of when first opened,
you will get a flurry of calls when they realise your payment has stopped, try not to talk to them on the phone.

NW

[ca71]

Just wanted to double check that cancelling my standing order is the right thing to do at this time. Thanks in advance.

[ca71]

Bump due to update on PRA CCA (above).

[Joanna Connolly Solicitors]

just like to say what a wonderful resource this place is. I am truly inspired by the success that occurs in this forum. Long may it continue!

What a nice compliment, thank you.

I would send a s77-79 CCA Request to each of these three debts so you know where you stand since they are high value (two of them over £20k).

I now know who you are (we have spoken before )

Di

[ca71]

Thanks for your reply,

from that I take it all have been in contact with you for a while, but you have not replied to them.
are you still paying them the £5.
was payment agreed by DMC, or self managed?
as TTC says wait before sending a CCA as Di may have a few questions about PRA.

Yes, still paying each debtor £5 per month. All are being self-managed.

[nightwatch]

Thanks for your reply,

from that I take it all have been in contact with you for a while, but you have not replied to them.
are you still paying them the £5.
was payment agreed by DMC, or self managed?
as TTC says wait before sending a CCA as Di may have a few questions about PRA.

[ca71]

hello hold fire on CCA further input may be asked first!

Will do.

[The Tech Clerk]

hello hold fire on CCA further input may be asked first!

[ca71]

Hi NW

Sorry I realised my words weren't clear. I didn't offer to settle the accounts - they were offered to me by PRA and Cabot - I've edited the Diary posts to make that clear.

I've not submitted CCA's yet.

Apologies.

[nightwatch]

Good morning,

Thanks for starting your diary,
you have sent offers for F+F payments, did you send a CCA request first, to make sure they were enforceable ?
Did you head your payment offer Without Prejudice,.
have you not had a reply from PRA ?

NW


???

[ca71]

Debt 3 - Cabot (Financial) Europe Ltd - Status: In Dispute

Type of account: Capital One Credit Card
Date commenced: July 1999
Approx balance: >£10k
Date last paid in full: December 2016
Date last part paid: July 2021
Status: Default Issued Feb 2017
Being Reported to CRA: No
Current status: Not paying
Assigned: Cabot (Financial) Europe Ltd in September 2019
Account Owner: Cabot (Financial) Europe Ltd

History:
01/10/2020 - Cabot offered to settle the account for 30% of the outstanding debt.
16/09/2020 - SAR output received from Capital One.
22/12/2020 - CCA sent and proof of posting obtained
15/01/2021 - CCA acknowledgment letter received - They will write again with an update in the next 12 days.
26/01/2021 - They are still awaiting info from the original lender. Debt is currently unenforceable, but please keep paying.
28/01/2021 - They are still awaiting info from the original lender. Debt is currently unenforceable, but please keep paying.
22/06/2021 - They can't provide the info requested. Debt is currently unenforceable, but please keep paying.
07/07/2021 - Standing Order cancelled.
23/08/2021 - Cabot confirmed that the outstanding balance is unenforceable. Cabot offered to settle the account for 25% of the outstanding debt.
04/04/2022 - Cabot stated that as I have failed to respond to their attempts to make contact, I have 9 days to respond or they will increase the frequency of contact (more by phone, email, SMS and letter)
04/01/2023 - SAR sent to Capital One for any data since September 2020.
04/02/2023 - SAR declined due to a different name on the account (I changed my name through marriage in 2022) - SAR resubmitted with a copy of my marriage certificate enclosed.

[ca71]

Debt 2 - Cabot (Financial) Europe Ltd - Status: Account closed (not paid)

Type of account: Natwest Credit Card
Date commenced: September 1999
Approx balance: >£10k
Date last paid in full: December 2016
Date last part paid: March 2021
Status: Default Issued Mar 2017
Being Reported to CRA: No
Current status: Not paying
Assigned: Cabot (Financial) Europe Ltd in Mar 2019
Account Owner: Cabot (Financial) Europe Ltd

History:
11/09/2020 - SAR sent to Natwest.
01/10/2020 - Cabot offered to settle the account for 30% of the outstanding debt
12/10/2022 - Response received from Natwest re: SAR. Credit card records are only held from Sep/Oct 2001. Various credit card statements were provided. If available, the credit card application form will be sent within 10 days. This was not forthcoming.
22/12/2020 - CCA sent and proof of posting obtained
27/01/2020 - No response received
27/03/2021 - Standing Order canceled.
11/05/2021 - Letter from Cabot: Would I like to 'Set up a personal payment plan?'
14/05/2021 - Letter from Resolvecall Limited: We've been passed your details from Cabot. Would I like to settle? Discounts available.
04/06/2021 - Letter from Resolvecall Limited. You can settle for 75% of the outstanding balance (25% discount)
03/10/2021 - Letter from Cabot - They've asked for the issue to be passed back from Resolvecall to Cabot.
03/12/2021 - Letter from Cabot - We've asked BPO Collections to "manage your account for us".
01/06/2022 - Letter from Cabot - We've located you at your new address.
01/09/2022 - Letter from Cabot - We've referred the matter to Mortimer Clarke Solicitors.
03/09/2022 - Letter from Mortimer Clarke Solicitors (MCS) - Your overdue debt requires urgent action.
03/09/2022 - SMS from MCS - Regarding an urgent personal matter.
04/09/2022 - Letter from MCS - You have 26 days to respond or court action will commence.
15/09/2022 - Letter from MCS - Avoid Legal Action letter.
16/09/2022 - SMS from MCS - Regarding an urgent personal matter.
23/09/2022 - Letter from MCS - Formal pre-legal action will commence in 14 days.
30/09/2022 - Letter from MCS - Formal pre-legal action will commence in 7 days.
16/10/2022 - LBC received from MCS. Formal legal action will commence in 30 days.
28/11/2022 - Letter of Claim from Northampton court received. JCS engaged.
29/12/2022 - Letter from Cabot: "Your account is no longer with our solicitors, it has been returned to Cabot Financial. You don't need to do anything and no further action will be taken to collect your outstanding balance. If this account is on your Credit File, we will continue to report it as outstanding".
05/07/2023 - Court notification that case has been dismissed.