My Diary

[PlanB]

Letter received from Resolvecall re: Debt #2 - Filed.

Thank you for the update.

This is your NatWest credit card from 1999 where your s77-79 CCA Request sent to Cabot in December last year (2020) has not been complied with.

This means the debt is currently unenforceable even if they haven't acknowledged that in writing.

Was Resolvecall's letter specific about discount offers, or just a tease to get you to contact them?

Di

Original post history >

Debt 2 - Cabot (Financial) Europe Ltd

Type of account: Natwest Credit Card
Date commenced: September 1999
Approx balance: £11.5k
Date last paid in full: December 2016
Status: Default Issued Feb 2017
Current status: Not paying (was £5 per month by standing order since date of default)
Assigned: Cabot (Financial) Europe Ltd in Mar 2019
Account Owner: Cabot (Financial) Europe Ltd

History:
01/10/2020 - Cabot offered to settle account for 30% of the outstanding debt
22/12/2020 - CCA sent and proof of posting obtained
27/01/2020 - No response received
27/03/2021 - Standing Order cancelled.
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.

[ca71]

Hi Di

Nothing specific. It was, as you say, just a tease :-)

[PlanB]

Hi Di

Nothing specific. It was, as you say, just a tease

They're going to have to try harder than that

Di

[ca71]

PRA have written to me to ask me to cancel the payment to Barclaycard and send it direct to them (even though Barclaycard are obviously sending the payments onwards as they are showing up on my PRA statements).

Would it do any harm to do as they ask?

[The Tech Clerk]

my view why make it easy for the blinders? a company asked me save as to make easier for them I stated No, they have to work for their intrusion. my thoughts only!

[PlanB]

PRA have written to me to ask me to cancel the payment to Barclaycard and send it direct to them (even though Barclaycard are obviously sending the payments onwards as they are showing up on my PRA statements).

Would it do any harm to do as they ask?

I've looked back at your thread and the post below in particular which says Niddy deemed the credit agreement unenforceable This was over a year ago so I'm also curious as to why PRA suddenly want to change the payment arrangement now.

I can see the debt was assigned to PRA in 2017 so have you been paying Barclaycard £5 per month since then (i.e. nearly 4 years ago) with no complaint from PRA and/or no request to change your payments to them before now?

PRA aren't known for their patience so there must be a reason why they've tolerated this for so long.

Before doing as they ask (change the standing order) maybe send a SAR to Barclaycard in case it flags up assignment issues and/or any interaction between the pair of them which could be revealing or useful to you

Debt 1 - PRA Group

Type of account: Barclaycard Platinum Credit card
Date commenced: October 2010
Approx balance: £25.8k
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.
15/01/2021 - CCA documents received from PRA Group. Scanned and sent to Niddy.
18/01/2021 - Niddy states this is unenforceable.

Di

[ca71]

Hi Di

I submitted a SAR to Barclaycard a few weeks after I submitted the CCA to PRA Group to see if there was any 'chatter'. Nothing at all. I'm just going to leave the payment as it is for now as they are obviously getting it.

edited to add - The PRA response was January 2021 (4 months ago).

[PlanB]

Hi Di

edited to add - The PRA response was January 2021 (4 months ago).

You're right about the timeline - you sent the CCA Request in December 2020, and the documents were sent to you 3 weeks’ later in January 2021.

My excuse is I was typing on my iPad without wearing my usual glasses

But that doesn’t change the fact that the credit agreement appears to be unenforceable.

Di

[ca71]

Now a more specific discount (25%) from Resolvecall. Filed.

[PlanB]

Now a more specific discount (25%) from Resolvecall. Filed.

Now's the time to put on your poker face.

This is your NatWest credit card from 1999 which is currently unenforceable so you've got a good hand, but no need to show it just yet

Di

[ca71]

Letter received from Barclaycard regarding default fees. Small refund will be sent direct to PRA. Diary updated.

[Roger]

Letter received from Barclaycard regarding default fees. Small refund will be sent direct to PRA. Diary updated.

See https://all-about-debt.co.uk/forum/d...62#post1540862

PRA can't simply reduce the debt by this refund!
The mention of default fees raises a host of questions about the CCA (because default fees will be included in the terms) as well as any Default Notice and calculated outstanding Debt and the assigned debt to PRA.

Make a note for yourself of this and obviously say nothing!

[Night Monkey]

Small refund will be sent direct to PRA

I've just had one of them. Looks like Barclaycard are joining the club that HSBC started a while ago.

[Never-In-Doubt]

& also - point to remember; the creditor refunding back to the account does NOT affect any SB status, just carry on as normal.

[ca71]

I've just received an offer to settle Debt 3 for 20% of the sum outstanding. I am thinking of writing back to offer a *much* lower amount. However, given that I have another debt with Cabot) which is unenforceable as they have not complied with my CCA request). In fact, they have not responded at all which makes me think it has been lost in the post.

My concern is that if I was to offer a F&F settlement figure for Debt 3, it might spur them into looking at Debt 2 a bit more closely. If they do find the requisite documentation then I could suddenly find myself on their radar (which I want to avoid) and potentially looking down the barrel of a LBC.

I'd appreciate thoughts on what I should do now (if anything).