UE Journey

[Tommy_the_cat]

Name	Barclaycard
Type of Account	Credit Card
Date Commenced	January 2014
Date Defaulted	September 2018
Approx Balance	£3,200
Account Owner	PRA
Arrangement/Not paying	Not paying
Last Date paid	March 2021

1. Early Feb 21 - CCA request sent to PRA
2. 22 Feb 21 - Response from PRA - More time needed to provide.
3. 25 Mar 21 - Response from PRA - Debt Unenforceable
4. 08 Jun 21 - I made a F&F offer of £250
5. 09 Jun 21 Offer rejected and counter offer of £2.9k
6. 15 Feb 22 - package from PRA including reconstituted copy of the credit agreement and T&Cs. Will check with Niddy for enforceability

So, one year since I sent the CCA request, I have received a fat envelope stuffed with various printouts. I wasn't expecting that after such a long time. I'll send it off to Niddy this afternoon for an enforceability check.

[The Tech Clerk]

CCA send to check

[Tommy_the_cat]

Name	Barclaycard
Type of Account	Credit Card
Date Commenced	January 2014
Date Defaulted	September 2018
Approx Balance	£3,200
Account Owner	PRA
Arrangement/Not paying	Not paying
Last Date paid	March 2021

1. Early Feb 21 - CCA request sent to PRA
2. 22 Feb 21 - Response from PRA - More time needed to provide.
3. 25 Mar 21 - Response from PRA - Debt Unenforceable
4. 08 Jun 21 - I made a F&F offer of £250
5. 09 Jun 21 Offer rejected and counter offer of £2.9k
6. 15 Feb 22 - package from PRA including reconstituted copy of the credit agreement and T&Cs. Will check with Niddy for enforceability
7. 15 Feb 22 - Sent to Niddy to review and it is considered unenforceable

Niddy considers this unenforceable. I will do nothing and report back here when I receive further correspondence.

[Roger]

It has taken PRA 12 months to come up with that CCA. Now would be an excellent time to request a SRA from Barclaycard THIS will give you the background of what went on between PRA and Barclaycard during those 12 months!

[Tommy_the_cat]

Name	Tesco
Type of Account	Credit Card
Date Commenced	July 2005
Date Defaulted	December 2018
Approx Balance	£8,500
Account Owner	Intrum
Arrangement/Not paying	Not paying
Last Date paid	May 2021

1. Early Feb - CCA request sent to Intrum
2. 09 Mar 21 - Response from Intrum with a stack of papers, including the credit agreement
3. Send to Niddy for review - Considers it to be unenforceable
4. 14 Jun 21 - DD cancelled
5. 24 Jun 21 - Letter received from Intrum. "Please get in touch to talk about your outstanding balance....". Ignored.
6. 16 Jul 21 - Letter received from Intrum. "We may take legal action if you don't get in touch....." Ignored
7. 26 Jul 21 - Letter received from Intrum. "We're thinking of taking you to court. We don't want to. But, if you don't get in touch soon, we'll pass your account to our legal team. They'll consider applying for a CCJ, which could make it harder for you to borrow money in the future. They may also add court fees of £410 and solicitors costs of £100 to your balance....... Get in touch in the next 10 days...."
8. 06 Aug 21 - Letter received from Intrum. "Would you like a discount? We want to help you pay tour debt without taking you to court..... So, if you get in touch within 10 days We'll give you a discount on the amount you owe....."
9. 13 Aug 21 - Letter received from Intrum. "We're getting ready for legal action. We're planning to hand your account over to our legal team on 19/08/21. They may apply for a CCJ to demand you repay the money by a certain date....... We'd like to help you..... If you get in touch before 19/08/21, we'll try to work out a repayment plan that helps you avoid legal action".
10. 17 Aug 21 - Letter received from Intrum. "Introducing our legal team. We're now in charge of getting a CCJ issued against you, to demand you pay the money back.... Get in touch within 10 days or we'll pass your account to our solicitors... They'll write to you explaining what you owe and giving you a last chance to pay. If you don't pay, they may apply for a CCJ.... We can still help.... Call us on.... "
11. 10 Sep 21 - Letter received from Lester Aldridge. LETTER OF CLAIM.
12. 22 Feb 22 - Letter received from Lester Aldridge. "In the event you fail to make payment of the outstanding sum with 14 days, we may be instructed by our client to issue court proceedings for £x,xxx together with a claim for court fees. If you allow court proceedings to be commenced, our client may obtain judgement against you..."

Good morning, everyone. A follow up letter from LA received this morning. Any advice on what mynext move should be would be much appreciated. Thanks!

[Tommy_the_cat]

Hi,

You have plenty of time to respond to the letter of claim, if you so choose to do so.

You have been told the alleged agreement is unenforceable by Niddy, and I have no reason to believe that to not be the case. I am willing to look at the letter of claim you have received, along with the agreement if you wish. My email address is in my legal disclaimer below.

Ok, you have been through Intrum's long drawn out pre-action process of letter after letter, which I have mentioned previously, possibly in another thread.

This prospective Claimant is not authorised by the Financial Conduct Authority to exercise the rights duties of a lender. The Court cannot hear a CCA Claim by someone who is not a Creditor as defined by the CCA, although, admittedly, the same is a complex legal argument, and needs to be properly pleaded. The good news is that we specialise in that area of law.

As is true legal assignment which is still an issue in play.

You, absolutely under no circumstances want to remind the Claimant of any unenforceability.

Once I have seen the documents I will be better placed to advise you.

Hello There. AS you can see from my previous posts, I received a follow-up letter from LA today. Any advice you can give for my next steps would be much appreciated. Thanks

[Roger]

Their Letter Of Claim was September 2021 its now February 2022 - They have waited 4 months without raising a Claim.

These are the Darling Buds of MAY
"..
In the event you fail to make payment of the outstanding sum with 14 days, we may be instructed by our client to issue court proceedings for £x,xxx together with a claim for court fees. If you allow court proceedings to be commenced, our client may obtain judgement against you.
.."
Having waited since September 2021 I think you MAY wait and see what they MAY do next.
In the meanwhile file! Do Nothing

[Colin G Quinn]

Hi,

I have received your email and attachments. I will review shortly and get back to you.

[Tommy_the_cat]

It has taken PRA 12 months to come up with that CCA. Now would be an excellent time to request a SRA from Barclaycard THIS will give you the background of what went on between PRA and Barclaycard during those 12 months!

Thanks, Roger.

What is an "SRA", and how will it help me?

[Gerry Jemitus]

I think that is a typo - it's an SAR or Subject Access Request. It goes to the original lender and they have a month to provide copies of the data they hold. This should include correspondence, statements, agreements, telephone calls etc.

[The Tech Clerk]

Go to AAD + click on the above titles and join that area most templates are on there you need DSAR2016 on one of pages' top right hand side.

[Tommy_the_cat]

Go to AAD + click on the above titles and join that area most templates are on there you need DSAR2016 on one of pages' top right hand side.

Thanks for this. I'm already a paid up member of AAD+ but I can't find a link to the up-to-date SAR letter. I can only see the old one with the £10 fee. Can someone point me in the right direction? Thanks

[The Tech Clerk]

look legal templates on that page near top eight DSAR 201

Edit - Jan 2016 - use this template if you receive a threat of legal action and have previously done a CCA Request = CLICK on blue

[Colin G Quinn]

Hi,

This not a new letter of claim. It is just a threat of a previously threatened action.

It is difficult to say from that whether there is any real intention to commence legal proceedings, or whether it is merely an attempt to entice you to pay.

That being said; it looks as though there is a second page to the letter which you haven't sent to me. If you think it makes any difference I'd be happy to look at it.

[Tommy_the_cat]

Hi,

This not a new letter of claim. It is just a threat of a previously threatened action.

It is difficult to say from that whether there is any real intention to commence legal proceedings, or whether it is merely an attempt to entice you to pay.

That being said; it looks as though there is a second page to the letter which you haven't sent to me. If you think it makes any difference I'd be happy to look at it.

Hello Colin

Thanks for coming back to me. The second page of the letter is just the signature so no further information.

I find this letter strange considering I got a letter of claim in September. Why would they send an empty threat and not begin the litigation process?

Thanks for your support