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  • #16
    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.

    Status update: No longer paying and no contact from me.
    Last edited by Pondpaddler2; 21 November 2022, 18:59.

    Comment


    • #17
      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?

      Status update: Still paying nominal payment until clarified CCJ status and no paperwork received.
      Last edited by Pondpaddler2; 21 November 2022, 18:58.

      Comment


      • #18
        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."

        Status update: No longer paying and no contact from me.

        XX/11/22 Bugger! Large envelope received from Hoist with reconstituted agreement. Shall forward to Niddy for advice going forward.

        02/12/22 Niddy replied This looks UE as it's a recon copy of the Barclays terms. The original documents from egg are missing and there's no signatory page.

        Should I let Hoist know that I consider they have not fulfilled request as required or say nothing and wait for their next move? Additional info for you to consider is I was on a "you pay we pay" agreement where they "contributed" a great deal more per month than I did. It's appearing more obvious that they know they can't enforce in court and so going for what they can get........
        Last edited by Pondpaddler2; 2 December 2022, 18:41.

        Comment


        • #19
          Debt 5

          Type: MBNA Credit Card

          Date Commenced: Nov 1998

          Current Balance: £2000

          Default Date: May 2012

          Last Paid: October 2022

          Status: Small monthly payment direct

          Owner: PRA

          CCA sent Oct 2022

          XX/10/22 Letter received " have requested the required information, account on hold.....etc".

          XX/10/22 Letter received similar to the one received a week earlier but subtly different wording. Still saying requesting info and account on hold....

          Status update: No longer paying and no contact from me.
          Last edited by Pondpaddler2; 21 November 2022, 18:56.

          Comment


          • #20
            Debt 6

            Type Halifax Credit Card
            Date Commenced: Nov 1999

            Current Balance: £14000

            Default Date: July 2012

            Last Paid: October 2022

            Status: Small monthly payment direct

            Owner: Cabot

            CCA sent Oct 2022

            XX/10/22 Acknowledgement and do not have relevant information... requesting agreement from original lender, account on hold.

            XX/10/22 Letter "still processing your request.... currently unenforceable."

            XX/11/22 Letter " we haven't been able to obtain the information you requested from the original lender...... account unenforceable until information available to us...blah blah"

            Status update: No longer paying and no contact from me.
            Last edited by Pondpaddler2; 21 November 2022, 18:56.

            Comment


            • #21
              Gird your loins and follow instructions on how to proceed. It will be nerve-wracking until you can go with the flow.

              Cabot and their off-shoots have a whole range of threats. We will, we will, we will then we will transfer you to our solicitors who we will, we will, we will and then we will ask our clients for advice on how to proceed that could be.... , then we will, we will, we will...... ad nauseam.

              Hopefully, their work flow system eventually falls off the end of a cliff. I don't think a human being has any input. Reports say they never give up, but they may start to reign in as postal prices rise. Even Whistl must cost something.

              Comment


              • #22
                Originally posted by Pondpaddler2 View Post
                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."

                Status update: No longer paying and no contact from me.

                XX/11/22 Bugger! Large envelope received from Hoist with reconstituted agreement. Shall forward to Niddy for advice going forward.

                02/12/22 Niddy replied : "This looks UE as it's a recon copy of the Barclays terms. The original documents from egg are missing and there's no signatory page."

                Should I let Hoist know that I consider they have not fulfilled request as required or say nothing and wait for their next move? Additional info for you to consider is that I was on a "you pay we pay" agreement where they "contributed" a great deal more per month than I did. It's appearing more obvious that they know they can't enforce in court and so going for what they can get........
                Please see latest update above.
                Last edited by Pondpaddler2; 2 December 2022, 23:27.

                Comment


                • #23
                  on 02.12.2022 Niddy states?
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #24
                    Nice try from Hoist but, NO don't tell them anything regarding this recon agreement.

                    BTW, when was it sold to Hoist, and what other owners were there between Egg and Hoist, and approx dates?

                    Comment


                    • #25
                      Originally posted by Still Waving View Post
                      Nice try from Hoist but, NO don't tell them anything regarding this recon agreement.

                      BTW, when was it sold to Hoist, and what other owners were there between Egg and Hoist, and approx dates?
                      I'm looking for some paperwork but looks like Egg sold account to Barclaycard sometime around 2010/11 and administered by Moorcroft. Sold to Hoist (HPH Ltd EX Barclaycard) in late summer 2017 and administered by Robinson Way.

                      11/20 Notice that Robinson Way becoming Hoist Finance (account due to HFUKH1L Barclaycard)

                      12/20 You Pay We Pay offer. Received from Hoist Finance UK staying previous creditor as Barclaycard.

                      More to follow as I find it...

                      Comment


                      • #26
                        Originally posted by Pondpaddler2 View Post

                        I'm looking for some paperwork but looks like Egg sold account to Barclaycard sometime around 2010/11 and administered by Moorcroft. Sold to Hoist (HPH Ltd EX Barclaycard) in late summer 2017 and administered by Robinson Way.

                        11/20 Notice that Robinson Way becoming Hoist Finance (account due to HFUKH1L Barclaycard)

                        12/20 You Pay We Pay offer. Received from Hoist Finance UK staying previous creditor as Barclaycard.

                        More to follow as I find it...
                        Add this assignment chain into your updated diary. It's useful information, as there can sometimes be issues with assignments which can also render accounts unenforceable.

                        Comment


                        • #27
                          Hi ya.

                          because of the age of some of these accounts,there may be some problem in them finding the original paperwork.
                          while it is correct in them sending reconstructed agreements in reply to your CCA request,as it is a request for information, what a lot fail to say is that, the recon may well not stand up in court, should it come to it.
                          The original would be needed if it is mentioned in any documents.
                          Also the assignment to other companys needs to be spot on.
                          hubby and I had over 100k that we never paid a penny to after I found AAD,
                          all because of one DCA who employed a dominatrix to extract money from us.
                          Unfortunatly fo her, I was the mistress of that cult, she had her whip shortened and he collar tightened.

                          Just remain quiet and don't reply to any mail without checking on here first.

                          They can be very cunning at this time of year,
                          the Elves get at the Sherry.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #28
                            Originally posted by nightwatch View Post
                            hubby and I had over 100k that we never paid a penny to after I found AAD,
                            Before I joined AAD one creditor got a sneaky charging order after harassing me with phone calls, even though I was paying them via a DMP, and I didn't have any help as to how to deal with it (DMP provider and CAB both useless). After finding AAD I never paid anything to any other creditor, all because of the one who got too greedy.

                            Comment


                            • #29
                              Thanks all for the continued positive feedback. nightwatch, I never expected dominatrix to figure in the thread but you've opened my eyes and raised a chuckle, thanks!

                              Comment


                              • #30
                                Originally posted by Pondpaddler2 View Post
                                Debt 5

                                Type: MBNA Credit Card

                                Date Commenced: Nov 1998

                                Current Balance: £2000

                                Default Date: May 2012

                                Last Paid: October 2022

                                Status: Small monthly payment direct

                                Owner: PRA

                                CCA sent Oct 2022

                                XX/10/22 Letter received " have requested the required information, account on hold.....etc".

                                XX/10/22 Letter received similar to the one received a week earlier but subtly different wording. Still saying requesting info and account on hold....

                                Previous Status update: No longer paying and no contact from me.
                                Latest...

                                XX/11/22 Letter received with 4 pages of MBNA terms with footnote MB/98, nothing else - PRA state consider unenforcable at present.

                                XX/02/23 Letter received with copy of signed application form (2 sided) Sent to Niddy for comment. PRA request contact within 14 days to reach mutually acceptable agreement to settle outstanding balance.

                                Comment

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