XX007 - UE Diary - Tomorrow never dies

[XX007]

Hi there Nightwatch It was HSBC. I've checked my papers they sent the default notice on 29th September 2014 and a final demand on 07th November 2014 so I suppose it's not that bad. I was just pleased to have something disappear from my credit file and was a bit gutted when it came back.

[nightwatch]

a default once registered on your credit file runs for 6 years from default date, 5 in scotland, it may stay on a little longer depending on when the data owner updates the system.
Once it has run it's course it cannot be defaulted again,
If sold on the new owner may record the default in their name, BUT the date must be the same as the original, the original one may be removed or marked as settled.

which debt, how has it been extended, who is reporting it. your Nationwide was defaulted July 14 so should still be showing as they report in arrears of 1 month,

MBNA was defaulted later in the year.

NW

[XX007]

Hi there again. I have been checking on equifax as my first credit card dropped off and I was quite happy, however the bugger reappeared a couple of weeks later with an extended default date. I have not paid anything towards it for about 18 months should i be kicking off or just accept it?

Hi can default dates be extended like this and is it something worth worrying about ?

[XX007]

Hi there again. I have been checking on equifax as my first credit card dropped off and I was quite happy, however the bugger reappeared a couple of weeks later with an extended default date. I have not paid anything towards it for about 18 months should i be kicking off or just accept it?

[Joanna Connolly Solicitors]

In other news they did send me a claim just before Christmas that went quite a way but i got advice from Di's firm and they eventually discontinued.

I've just seen this post.

As you say PRA's claim against you "went quite a way" before discontinuing.

We were happy to help.

PRA's claim against me went quite a way too - a three day Trial in the Royal Courts of Justice building. And then they lost

Jo explains what happened here >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGNMENT PROVED”


So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Di

[Warwick65]

I think every one has been unsettled with all this social distancing, you can sometimes feel a bit isolated.

So it was a great relief to receive an email from PRA group today telling me "We want to reassure you that we are committed to maintaining our services to our customers at this difficult time." i suggest we all raise two fingers to all the claims companies every monday morning at 7.00am in an AAD wide show of appreciation.

In other news they did send me a claim just before Christmas that went quite a way but i got advice from Di's firm and they eventually discontinued.

You really have to love Diana Mayhew

[The Tech Clerk]

They must of run out of Tea Bags

[XX007]

I think every one has been unsettled with all this social distancing, you can sometimes feel a bit isolated.

So it was a great relief to receive an email from PRA group today telling me "We want to reassure you that we are committed to maintaining our services to our customers at this difficult time." i suggest we all raise two fingers to all the claims companies every monday morning at 7.00am in an AAD wide show of appreciation.

In other news they did send me a claim just before Christmas that went quite a way but i got advice from Di's firm and they eventually discontinued.

[The Tech Clerk]

How do you drink whilst laughing hohoho

[nightwatch]

Ohh what a dreadful thought, I may have to go and have a lie down, with a glass of someting alcoholic to calm me down

[XX007]

It would be terrible if any of the claims companies went out of business in this difficult time.

[Joanna Connolly Solicitors]

Yes it is. I know its tight now.

here is the history of this debt

Type of account credit card Barclaycard 2 (formally egg card I think)
Date commenced February 2005
Approx balance £6,792
Date last paid - approx 12 months ago
Are you on arrangement or not paying – not paying
Status letter before claim
Account owner PRA


July 2014 accepted my payment of £7 per month for the time being
September 2014 default notice issued
march 2015 formal demand issued
march 2015 sent off for info under section 78 of the CCA
April 2015 acknowledgement of my letter
April 2015 sent a reconstituted copy of the credit agreement
July 2015 letter from barclaycard saying the account was going to PRA group
September 2015 letter from barclaycard saying they were closing my account and the official date of transfer was 17/08/2015 enclosing a letter saying i needed to pay them rather than barclaycard (i didn't change the standing order, I just left it)
- I have then received lots of letters from PRA over the coming years asking me to change my standing order and calls every day to my home phone and mobile asking to talk to me
november 2017 letter from barclaycard giving me an interest refund
May 2019 offer to settle for £5,434.17 sent by PRA
November 2019 - letter before action received including a reply form giving me until december 13th

We have now spoken

I await your email.

Send a Subject Access Request to Barclaycard in the meantime.

Di

[nightwatch]

Yes it is. I know its tight now.

here is the history of this debt

Type of account credit card Barclaycard 2 (formally egg card I think)
Date commenced February 2005
Approx balance £6,792
Date last paid - approx 12 months ago
Are you on arrangement or not paying – not paying
Status letter before claim
Account owner PRA


July 2014 accepted my payment of £7 per month for the time being
September 2014 default notice issued
march 2015 formal demand issued
march 2015 sent off for info under section 78 of the CCA
April 2015 acknowledgement of my letter
April 2015 sent a reconstituted copy of the credit agreement
July 2015 letter from barclaycard saying the account was going to PRA group
September 2015 letter from barclaycard saying they were closing my account and the official date of transfer was 17/08/2015 enclosing a letter saying i needed to pay them rather than barclaycard (i didn't change the standing order, I just left it)
- I have then received lots of letters from PRA over the coming years asking me to change my standing order and calls every day to my home phone and mobile asking to talk to me
november 2017 letter from barclaycard giving me an interest refund
May 2019 offer to settle for £5,434.17 sent by PRA
November 2019 - letter before action received including a reply form giving me until december 13th

ok you need to contact di asap, to get the best advice on what to do. sorry we have been offline so long, but gremlims in the works .

[Never-In-Doubt]

Diana Mayhew

[XX007]

Yes it is. I know its tight now.

here is the history of this debt

Type of account credit card Barclaycard 2 (formally egg card I think)
Date commenced February 2005
Approx balance £6,792
Date last paid - approx 12 months ago
Are you on arrangement or not paying – not paying
Status letter before claim
Account owner PRA


July 2014 accepted my payment of £7 per month for the time being
September 2014 default notice issued
march 2015 formal demand issued
march 2015 sent off for info under section 78 of the CCA
April 2015 acknowledgement of my letter
April 2015 sent a reconstituted copy of the credit agreement
July 2015 letter from barclaycard saying the account was going to PRA group
September 2015 letter from barclaycard saying they were closing my account and the official date of transfer was 17/08/2015 enclosing a letter saying i needed to pay them rather than barclaycard (i didn't change the standing order, I just left it)
- I have then received lots of letters from PRA over the coming years asking me to change my standing order and calls every day to my home phone and mobile asking to talk to me
november 2017 letter from barclaycard giving me an interest refund
May 2019 offer to settle for £5,434.17 sent by PRA
November 2019 - letter before action received including a reply form giving me until december 13th