Filtering the pond Cabot, PRA and others

[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.

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

Latest update

XX/11/22 Letter received with 10% discount offer

XX/01/23 Letter received with 10% discount offer again

[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?

Status update: Still paying nominal payment until clarified CCJ status and no paperwork received.

Latest update

11/22 Stopped all payments

XX/12/22 Letter received "We're still investigating your query, we'll be back in touch as soon as we have an update"

XX/01/23 Statement of account letter received

[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."

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........

Latest update

XX/11/22 Letter received "You've missed a payment"

XX/12/22 Letter received "Choose a way to pay" You Pay We Pay offer

XX/01/23 Letter received offering 72% discount.

[Pondpaddler2]

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.

Latest update

XX/01/23 Letter received offering 75% discount

XX/02/23 Letter received to set up your ideal payment plan

[Still Waving]

XX/01/23 Letter received offering 75% discount

Not very confident, then?

[The Tech Clerk]

any advance on 75% going once going twice?

[musketeer]

I'd be very interested in an update on the PRA/MBNA cards, Pondpaddler. Did Niddy's advice help you? As to the other account, where they offered a 10% discount, are they nuts or something? Surely 10% to settle i.e. a 90% discount would be more realistic?

I have a PRA/MBNA card situation myself and I'm wondering how to play it.

[Sparkles]

I'd be very interested in an update on the PRA/MBNA cards, Pondpaddler. Did Niddy's advice help you? As to the other account, where they offered a 10% discount, are they nuts or something? Surely 10% to settle i.e. a 90% discount would be more realistic?

I have a PRA/MBNA card situation myself and I'm wondering how to play it.

PRA are notoriously bad at settlement offers, I have a debt with them that they couldn't produce the CCA for 18 momths ago and they are still only offering a 20% discount (I'm ignoring it completely it and won't be paying them a penny). Presumably there are people that will pay unenforceable debts if badgered enough.

[musketeer]

Thanks Sparkles, that's exactly the sort of practical, real life feedback I was hoping for. The settlement they have offered me would take 38 years to pay at the current rate.

[Pat]

Generally I would say if a debt is UE ignore it. I say ignore but it’s a tactical ignore. Some communication can be useful.

[Roger]

musketeer
No two debts are alike Pondpaddler2 PRA/MBNA diary has provided very significant information over and above the whether the CCA is UE or not!
As Pat says Tactically ignoring a Debt is precisely that Tactics
But as to specific's other than these generalities I would avoid commenting in your Case without that Diary Entry information.
The protection in the CCA S.78 is a Consumers right backed by Law which is why the CCA Request can be a useful Communication.

[Pondpaddler2]

Good evening, my ears have been burning. Updates for all my accounts will be provided over the next couple of days. Grateful as always for the support of this site and members and pleased if my diary aids others. Happy paddling!

[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.

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

XX/11/22 Letter received with 10% discount offer

XX/01/23 Letter received with 10% discount offer again

03/23 Statement of account

04/23 20% discount offer

05/23 20% discount offer

07/23 20% discount offer

08/23 20% discount offer

10/23 20% discount offer

[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?

Status update: Still paying nominal payment until clarified CCJ status and no paperwork received.
Latest update

11/22 Stopped all payments

XX/12/22 Letter received "We're still investigating your query, we'll be back in touch as soon as we have an update"

XX/01/23 Statement of account letter received

07/23 Assignment letter from Capquest Investments Limited to Intrum Poplar Designated Activity Company

07/23 Letter from Capquest Debt Recovt confirming change in legal ownership of the account

[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."

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........
Latest update

XX/11/22 Letter received "You've missed a payment"

XX/12/22 Letter received "Choose a way to pay" You Pay We Pay offer

XX/01/23 Letter received offering 72% discount.

03/23 Letter advising Hoist Finance UK Holdings 1 Limited was acquired by Lowell group and transferred to Lowell Portfolio I Ltd (LPI)

03/23 Letter from Lowell "You're in control" - "How to take the first step"

04/23 Letter from Lowell "We do things differently" Get in touch

04/23 Lowell "Please don't ignore this letter"

04/23 Lowell "You have not responded to our attempts to contact you"

05/23 Lowell "We're considering our next steps"

06/23 Lowell "You need to call us"

07/23 Lowell 50% reduction offer

07/23 Lowell 50% discount

08/23 Lowell "An Interest free payment plan - tailored to you"

09/23 Lowell "Avoid further recovery action"

10/23 Lowell "Kick start your payments with a 60% reduction"

11/23 Lowell "Don't miss out on a 60% discount"

12/12 Lowell "You have not responded to our attempts to contact you"