Filtering the pond Cabot, PRA and others

[Pondpaddler2]

New diary for 6 accounts 2 x Cabot, 2 x PRA, Capquest, Hoist. All defaulted around ten years ago and sold not long after.

I'll try and get this right but bear with me.

Thanks for the support this site has already provided to my sanity and thanks in advance.

First account to follow...

[Pondpaddler2]

Debt 1

Type: MBNA Credit Card

Date Commenced: Nov 1996

Current Balance: £17000

Default Date: July 2010

Last Paid: October 2022

Status: Small monthly payment direct

Owner: PRA (previously Experto Credite, Aktiv Capital)

CCA sent Oct 2022

XX/10/22 Letter received - unable to provide documents due to age of account. Currently classed as unenforceable.

XX./10/22 A few days later. Documentation received which includes copy of original application with my signature along with t&c footnoted MB09/96. Letter advises currently "deemed" unenforceable.

[Pondpaddler2]

Debt 2

Type: Capital One Credit Card

Date Commenced: July 2005

Current Balance: £5,900

Default Date: July 2010

Last Paid: October 2022

Status: Small monthly payments direct

Owner: Capquest
CCA sent October 2022

XX/10/22 undated acknowledgement received from Arrow stating will respond as soon as we can.

XX/10/22 Update on query letter received. Collections suspended, confirm "we will assist in obtaining all relevant documents to support your query and update you as we progress."

Important note I have previously SAR'd Capquest as they applied for a CCJ against me 8 years ago and I had it stayed. They had tried to say I wasn't paying regular payments and the SAR documentation proved I had been paying. This is the one account I am still paying a monthly nominal sum to as I don't trust them to try and shaft me if I stop payments, with a previous stayed CCJ - what is the legal position here?

[Pondpaddler2]

Debt 3

Type: Egg Credit Card

Date Commenced: Feb 2008

Current Balance: £12000

Default Date: July 2010

Last Paid: October 2022

Status: Small monthly payments direct

Owner: Hoist
CCA sent October 2022

XX/10/22 Letter stating "we may have to ask the original lender for info to help us respond fully to your enquiry which may extend the time it takes to respond to you. We will contact you with our response within 90 days."

X/11/22 Letter received "We can confirm there is a payment plan in place on your account ...... please be advised that unfortunately, we are unable to obtain a copy of the statements from the original creditor. Please be advised that your query for the remaining documents remains open in our system until we receive a response from the original creditor."

[The Tech Clerk]

when you get them send copy not redacted to:- webmaster@all-about-debt.co.uk for checking and refer to this thread.

[The Tech Clerk]

Sending CCA Requests too early can cause problems. only when we suggest you send, less time they have to dig deep later? People do it in the hope of getting a black and white answer...

[Pondpaddler2]

Debt 4

Type: Clydesdale Overdraft

Date Commenced: Nov 2000

Current Balance: £4500

Default Date: July 2010

Last Paid: October 2022

Status: Small monthly payments direct

Owner: Cabot

CCa'd October 2022 - replied with unenforceable and payment stopped

20/11/22 Last few weeks received many auto dialler calls, email secure letters and physical post all asking for me to engage. This emailed special letter really engaged me.... Very touchy feely! Copy and pasted with redaction.
Things feel a little different, insert name here...


Dear ....

We noticed you were doing really well with your payment plan and making good progress... But then something changed and you missed a payment. We just wanted to check in with you and ask if everything is alright? We understand that missing a payment is something that can happen to all of us. If it's just a one-time thing, then it's alright. You can get back on a payment plan again by quickly logging in and resetting it online:

[Pondpaddler2]

Sending CCA Requests too early can cause problems. only when we suggest you send, less time they have to dig deep later? People do it in the hope of getting a black and white answer...

Thank you yes I am now realising this. Knowledge is power is certainly true. Originally my thinking was just to make f+f to them all to help with a future mortgage app.

[Roger]

Sending CCA Requests too early can cause problems. only when we suggest you send, less time they have to dig deep later? People do it in the hope of getting a black and white answer...

You have jumped the Gun with the S.78 CCA requests which is a pity.
For your own purposes and to provide important details from your records
Debt 1 Irrespective of CCA there may well be Assignment issues here with PRA (you mention Experto Credite, Aktiv Capital)
Debt 3 Egg Card was this taken over by Barclaycard? If so does the name Mercer appear in your records? Assigned to which Hoist Group member?

[Still Waving]

Debt 4

Type: Clydesdale Overdraft

Date Commenced: Nov 2000

Current Balance: £4500

Default Date: July 2010

Last Paid: October 2022

Status: Small monthly payments direct

Owner: Cabot

CCa'd October 2022 - replied with unenforceable and payment stopped

I'm not clear - who says it is unenforceable?

[Pondpaddler2]

Hi it was Cabot came back with letter stating no documentation and so unenforceable. They were pretty quick coming back to me. I did like the fact they told me I didn't need to do anything just keep up payments.

[Still Waving]

Hi it was Cabot came back with letter stating no documentation and so unenforceable. They were pretty quick coming back to me. I did like the fact they told me I didn't need to do anything just keep up payments.

They do have a sense of humour.

[The Tech Clerk]

so why pay if they cannot produce? up to you!

[Roger]

CCA S.78
Consumer Credit Act and Your Consumer Rights (whatconsumer.co.uk)
"..
The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.
.."

After 12 days cancel and payments. Have NO Communication whatsoever. Because the Statute Bar Clock is ticking in your favour.
This is the AAD Way

[Pondpaddler2]

None have provided agreements within the initial period and all payments have been stopped. I have not responded or requested further from any of the accounts.