My Diary

[Night Monkey]

...as others have said - leave it alone.

I concur. It's fleetingly crossed my mind to push this before but I ultimately decided not to rattle any cages. Defaults will drop off in their own good time and on balance SB seemed the greater prize.

[Still Waving]

I don't mind firing off a letter to see what the reaction is (I'd need someone to help me with the wording) - Debt3 (above) would seem to be the obvious one but we'd need to get our skates on because it is due to drop off very soon in any event.

I don't think it's the obvious one, as when it does drop off very soon there would still be the uncertainty as to the real reason. However, as others have said - leave it alone.

[ca71]

I agree with The Tech Clerk Silence and NO CONTACT!
Make notes, maintain a Good Diary because Good Diary's enable good decisions.
Going back to earlier comments before actually any contact (writing,email,sms,phone) it makes sense to bounce ideas off AAD
Case Law isn't something I personally would raise with a DCA!
I would first seek legal Advice for how best to use or otherwise this Case Law! BUT it exists!!

My thinking is often a SAR (which won't restart the Statue Bar Clock) is a good starting point to SEE just DATA Records are currently being held.
Tactics come into the equation and we don't want to reveal our hand to the DCA.
Remember it is for the claimant to prove their Case!

For F&F better really to let the DCA's come begging!!

I'm going to send a SAR to the original company (Capital One) to see if I can pick up any chatter between them and Cabot since my last SAR to Capital One.

[Roger]

I don't mind firing off a letter to see what the reaction is (I'd need someone to help me with the wording) - Debt3 (above) would seem to be the obvious one but we'd need to get our skates on because it is due to drop off very soon in any event.

I agree with The Tech Clerk Silence and NO CONTACT!
Make notes, maintain a Good Diary because Good Diary's enable good decisions.
Going back to earlier comments before actually any contact (writing,email,sms,phone) it makes sense to bounce ideas off AAD
Case Law isn't something I personally would raise with a DCA!
I would first seek legal Advice for how best to use or otherwise this Case Law! BUT it exists!!

My thinking is often a SAR (which won't restart the Statue Bar Clock) is a good starting point to SEE just DATA Records are currently being held.
Tactics come into the equation and we don't want to reveal our hand to the DCA.
Remember it is for the claimant to prove their Case!

For F&F better really to let the DCA's come begging!!

[The Tech Clerk]

as #123 above

[ca71]

It's possible that many of the people working for creditors/DCAs are not aware of this issue or, alternatively, hope that the consumer is not. Perhaps it needs a consumer to reference the case law in a demand that they be removed from CRA reporting.

I don't mind firing off a letter to see what the reaction is (I'd need someone to help me with the wording) - Debt3 (above) would seem to be the obvious one but we'd need to get our skates on because it is due to drop off very soon in any event.

[Still Waving]

The case law regarding not reporting UE debts to CRAs is often mentioned here, but has anybody actually experienced the reporting change once a debt is confirmed UE? In my experience what should happen and what does are two entirely different things.

It's possible that many of the people working for creditors/DCAs are not aware of this issue or, alternatively, hope that the consumer is not. Perhaps it needs a consumer to reference the case law in a demand that they be removed from CRA reporting.

[Night Monkey]

...it is UE and, yes, it is is still being reported to the CRA, though that should stop soon.

The case law regarding not reporting UE debts to CRAs is often mentioned here, but has anybody actually experienced the reporting change once a debt is confirmed UE? In my experience what should happen and what does are two entirely different things.

[ca71]

I agree with Still Waving
Did Cabot in writing confirm the DEBT is UE?
Please add to your Diary whether this DEBT is being reported to the Credit Agencies still or NOT?

Yes, Cabot stated it is UE and, yes, it is is still being reported to the CRA, though that should stop soon.

[ca71]

"23/08/2021 - Confirmation that the outstanding balance is unenforceable. Cabot offered to settle account for 25% of the outstanding debt."

Where did this confirmation come from? Did Cabot specifically say so, or are you inferring from their settlement offer?

Cabot confirmed it is unenforceable. Diary amended to improve the wording.

[Roger]

"23/08/2021 - Confirmation that the outstanding balance is unenforceable. Cabot offered to settle account for 25% of the outstanding debt."

Where did this confirmation come from? Did Cabot specifically say so, or are you inferring from their settlement offer?

I agree with Still Waving
Did Cabot in writing confirm the DEBT is UE?
Please add to your Diary whether this DEBT is being reported to the Credit Agencies still or NOT?

[Roger]

Oh Roger
You missed my point entirely

It may be that by making a F&F, the limitations clock was reset. Now I know there may well be good defences against a claim but surely you would agree, keeping out of court is preferable to the stress of receiving a claim. Therefore the sooner the debt is time barred the better. Who knows who this debt might be sold onto in the future and what they will be told. If it is time barred and a Letter of Claim is issued, a swift this is time barred should stop things in their tracks. Who knows if JCS will still be fighting the good fight in 5 or 6 years time- I mean who can see into the future.

No because I don't know the Legal position over this Debt (which is for a substantial amount!) and indeed whether it is UE and or whether Statute Bar applies or NOT!

1/ There is an immediate question as to whether a Statute Bar can apply to a UE
The CASE Law on reporting to the Agencies means . Because it is UE it can't be reported!


2/ Also the question of a invalid Default Notice and subsequent Assignment!
The Case Law now is that the starting Statute Bar is determined by the Default Notice (But if this was invalid? the Statute Bar is thrown into doubt)
(But PRA know that the original figures were wrong! because they were sent that money from Barclaycard!)

So do you see this is has become a matter for legal advice!
Personally because of the Amount of this debt
I would ask Colin G Quinn for advice of how to proceed at this point! (the initial interview is free)

[Still Waving]

Re: Debt3 - I'd like to make a F&F offer to them to try to settle it. It is currently unenforceable and JCS have just defeated Cabot for my other debt with Cabot.

"23/08/2021 - Confirmation that the outstanding balance is unenforceable. Cabot offered to settle account for 25% of the outstanding debt."

Where did this confirmation come from? Did Cabot specifically say so, or are you inferring from their settlement offer?

[Pat]

The Diary reveals
balance: £25.8k

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 unenforceable.
09/06/2021 - Letter from Barclaycard refunding (direct to PRA) fees due to incorrectly calculated default fees.
01/08/2021 - PRA consider the account unenforceable.
28/08/2021 - Standing order cancelled.

19/12/2022 - I made a F&F offer of <1%. PRA countered saying they would accept 90% of the alleged outstanding balance.

The debt is substantial and any claim would be above the small claims court!
So ca71 has a very strong position against PRA because CCA Request (evidence by PRA of receipt and confirmation of £1) this in Law means UE until PRA fulfil that CCA Request.

There is no evidence of receipt of collection activity from PRA in the Diary until that entry 01/08/2021 then the last payment 28/08/2022

NOW step back and consider the following.

Colin G Quinn entry https://all-about-debt.co.uk/forum/d...87#post1544187
There is a UK Supreme Court authority Judgment which provides that a 'creditor' has a duty to ensure a credit agreement remains enforceable before continuing to report a default to the credit reference agencies.

So if they deem the agreement unenforceable, which it is in law as they can't comply with a statutory request, then they should not be reporting a default on your credit file until such a time that they believe the agreement to be enforceable.


Case Law has the Statute Bar starting from the issue of Barclaycard's Original Default Notice and restarted from each payment of £5 paid until this was stopped!
But Barclaycard have in writing revealed that Default Notice was wrong because of 09/06/2021 the debit was incorrectly calculated because of default fees.

ca71 Please understand that PRA have acknowledged in writing UE August 2021

You seem to be in a strong position in Law which needs legal advice!

I suggest
First
Check if this is DEBT is still being reported by PRA with the Credit Agencies?
Second
Take legal advice here before doing anything!

The Debt is substantial and there seems to legal positions here which should be reviewed by a lawyer
My advice is contact Colin G Quinn with reference to this Debt in your Diary (initial interview is free)

Oh Roger
You missed my point entirely

It may be that by making a F&F, the limitations clock was reset. Now I know there may well be good defences against a claim but surely you would agree, keeping out of court is preferable to the stress of receiving a claim. Therefore the sooner the debt is time barred the better. Who knows who this debt might be sold onto in the future and what they will be told. If it is time barred and a Letter of Claim is issued, a swift this is time barred should stop things in their tracks. Who knows if JCS will still be fighting the good fight in 5 or 6 years time- I mean who can see into the future.

[ca71]

Re: Debt3 - I'd like to make a F&F offer to them to try to settle it. It is currently unenforceable and JCS have just defeated Cabot for my other debt with Cabot.