Hughie's UE Diary

[PlanB]

Re: Hughie's UE Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – 11.2.2009
Approx balance - £2,345

24.11.2015 County Court claim form received.

A few questions please. Can we use the CAB i&e forms that we used previously for other creditors, rather than the i&e forms from the County Court Business Centre claim form, as this would save quite a bit of time?

Secondly they seem to have charged us interest on the claim form, can they do that?

Thirdly, what will happen in terms of court action if they a) accept the monthly payment offer, b) refuse to accept the monthly payment offer? Under what circumstances will I get a CCJ, is that inevitable now?

I'm sorry to hear this.

No it's not inevitable that you will get a CCJ just because you've got a summons. If you have a good enough reason to file a Defence then you will get the opportunity to settle this using the court's free telephone Mediation service. Any settlement agreed remains private and there would be no CCJ.

If there is no Defence then you can settle it with a Tomlin Order with the creditor's solicitor, which means there will be no CCJ and no new information reported to the CRA (the original Default will remain but no CCJ).

The credit agreement may be enforceable because it's from 2009, but that doesn't automatically mean that there aren't any other potential flaws to consider. Was this account applied for in an Asda store, online or some other way?

I wouldn't leap to admit the claim on the MCOL form until we've taken a good look at the overall situation first.

Can you email me a copy of the claim form (N1) as a PDF using planb@all-about-debt.co.uk with a copy to Niddy using webmaster@all-about-debt.co.uk. Don't blank anything out as it's a perfectly secure email system.

Then will you start a new thread in the Legal Section here > http://forums.all-about-debt.co.uk/s...l=1#post461134

What is the date on the claim form?

Plan B x

[Hughie]

Re: Hughie's UE Diary

I'm sorry to hear this.

No it's not inevitable that you will get a CCJ just because you've got a summons. If you have a good enough reason to file a Defence then you will get the opportunity to settle this using the court's free telephone Mediation service. Any settlement agreed remains private and there would be no CCJ.

If there is no Defence then you can settle it with a Tomlin Order with the creditor's solicitor, which means there will be no CCJ and no new information reported to the CRA (the original Default will remain but no CCJ).

The credit agreement may be enforceable because it's from 2009, but that doesn't automatically mean that there aren't any other potential flaws to consider. Was this account applied for in an Asda store, online or some other way?

I wouldn't leap to admit the claim on the MCOL form until we've taken a good look at the overall situation first.

Can you email me a copy of the claim form (N1) as a PDF using planb@all-about-debt.co.uk with a copy to Niddy using webmaster@all-about-debt.co.uk. Don't blank anything out as it's a perfectly secure email system.

Then will you start a new thread in the Legal Section here > http://forums.all-about-debt.co.uk/s...l=1#post461134

What is the date on the claim form?

Plan B x

Hi, thanks for your quick response, have emailed a copy of the claim form and the CCA. (Niddy has never examined this actual CCA for me but it appears identical to my partner's, Digby, which Nids deemed enforcable several months ago. Sorry, I got confused about which was which and thought I'd sent this one to you previously!).

The date on the claim form is 20th November. I think what I'd like to do is go back with an offer of £3 monthly payment, which is the amount previously accepted by Newday under my self-managed DMP, or a settlement of 25%, what d'you think?

I'm off to start a thread in the Legal section now.

[PlanB]

Re: Hughie's UE Diary

I'm off to start a thread in the Legal section now.

Hughie's new claim thread is here > http://forums.all-about-debt.co.uk/s...l=1#post539204

Plan B x

[nanna58]

Re: Hughie's UE Diary

Hugs xx

[Hughie]

Re: Hughie's UE Diary

Barclaycard
Type of account - Credit card
Date commenced – Pre 2007 will need to check exact date
Approx balance - £11.800
Date last paid – 20.07.2015
Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
Status – 14.09.2014 Default Notice
Account owner – Barclaycard
History – Barclaycard

28.08.2015 Letter from Barclaycard saying account has been closed and transferred to PRA Group, letter enclosed from PRA Group inviting me to get in touch.

14.10.2015 Letter from PRA stataing that "... a settlement figure may be available to you...if contact is not made by 11.11.2015 this opportunity may end".
7.11.2015 cca request sent.
13.11.2015 Letters from PRA ref my Barclaycard and my Egg saying action on hold as they have requested the required info from their client. Enclosed a standard printed form saying what they can and can't do if they are unable to come up with cca, also returned £1 postal order.
30.11.2015 ‘CCA’ received, uploaded


‘CCA’ uploaded for assessment please.
Thank you.

[Never-In-Doubt]

Re: Hughie's UE Diary

Barclaycard
Type of account - Credit card
Date commenced – Pre 2007 will need to check exact date
Approx balance - £11.800
Date last paid – 20.07.2015
Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
Status – 14.09.2014 Default Notice
Account owner – Barclaycard
History – Barclaycard

28.08.2015 Letter from Barclaycard saying account has been closed and transferred to PRA Group, letter enclosed from PRA Group inviting me to get in touch.

14.10.2015 Letter from PRA stataing that "... a settlement figure may be available to you...if contact is not made by 11.11.2015 this opportunity may end".
7.11.2015 cca request sent.
13.11.2015 Letters from PRA ref my Barclaycard and my Egg saying action on hold as they have requested the required info from their client. Enclosed a standard printed form saying what they can and can't do if they are unable to come up with cca, also returned £1 postal order.
30.11.2015 ‘CCA’ received, uploaded


‘CCA’ uploaded for assessment please.
Thank you.

Please email me a pdf - thanks.

[Hughie]

Re: Hughie's UE Diary

Egg
Type of account - Credit card
Date commenced – Pre 2007 will need to check exact date
Approx balance - £4,500
Date last paid – 20.07.2015
Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
Status – Don’t seem to have had default notice for this one? Need to search thoroughly
Account owner – Barclaycard
History – Egg/Barclaycard/PRA

28.08.2015 Letter from Barclaycard saying account has been closed and transferred to PRA Group, letter enclosed from PRA Group inviting me to get in touch.

14.10.2015 Letter from PRA stating that "... a settlement figure may be available to you...if contact is not made by 11.11.2015 this opportunity may end".

6.11.2015 cca request sent.

13.11.2015 Undated letter from PRA saying account on hold as they have requested the required info from their client. Enclosed a standard printed form saying what they can and can't do if they are unable to come up with cca, also returned £1 postal order.

27.11.2015 Documentation ‘CCA’ received along with letter stating that they’re waiting for more

30.11.2015 More ‘CCA’ ,uploaded for assessment

'CCA' uploaded today for assessment please.

Thank you

Ooh, Christmas smilies!

[Never-In-Doubt]

Re: Hughie's UE Diary

Can you please email me as I'm on phone and it's small. Thanks

[Hughie]

Re: Hughie's UE Diary

Can you please email me as I'm on phone and it's small. Thanks

Will do Niddy, currently grappling with software.

[Hughie]

Re: Hughie's UE Diary

Have today emailed agreements for both Barclaycard and Egg in pdf format.

[Hughie]

Re: Hughie's UE Diary

Egg
Type of account - Credit card
Date commenced – Pre 2007 will need to check exact date
Approx balance - £4,500
Date last paid – 20.07.2015
Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
Status – Don’t seem to have had default notice for this one? Need to search thoroughly
Account owner – Barclaycard
History – Egg/Barclaycard/PRA

28.08.2015 Letter from Barclaycard saying account has been closed and transferred to PRA Group, letter enclosed from PRA Group inviting me to get in touch.

14.10.2015 Letter from PRA stating that "... a settlement figure may be available to you...if contact is not made by 11.11.2015 this opportunity may end".

6.11.2015 cca request sent.

13.11.2015 Undated letter from PRA saying account on hold as they have requested the required info from their client. Enclosed a standard printed form saying what they can and can't do if they are unable to come up with cca, also returned £1 postal order.

27.11.2015 Documentation ‘CCA’ received along with letter stating that they’re waiting for more

30.11.2015 More ‘CCA’ ,uploaded for assessment

25.02.2015 Letter from PRA saying they've purchased balance from Barclays and I must get in touch within 14 days to avoid moving to the next stage.

13.03.2016 Letter from PRA - described by themselves as a 'letter before claim' - saying account has been moved to 'Investigations and Litigation Department' and I must acknowledge and answer letter before 29.03.2016 or court proceedings will be issued against me.

30.03.2016 Letter from PRA saying last letter had typographical errors but they do not detract from the substance of the letter.

25.04.2016 Claim received

[PlanB]

Re: Hughie's UE Diary

Egg
Type of account - Credit card
Date commenced – Pre 2007 will need to check exact date
Approx balance - £4,500
Date last paid – 20.07.2015
Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
Status – Don’t seem to have had default notice for this one? Need to search thoroughly
Account owner – Barclaycard
History – Egg/Barclaycard/PRA

25.04.2016 Claim received

It's interesting to see PRA are not instructing solicitors to deal with this claim.

Start a new thread in the Legal Section here and work will get started > http://forums.all-about-debt.co.uk/s...l=1#post461134

Plan B x

[Hughie]

Re: Hughie's UE Diary

Capital One


Type of account - Credit card
Date commenced – Pre 2007
Approx balance - 8000
Date last paid – April 2016
Are you on arrangement or not paying – Was making reduced payment to Capital One but have now stopped
Status – No default notice received
Account owner – Capital One
History – Capital One

18.05.2016 Sent s.78 request

25.05.2016 Letter from Capital One saying they won't comply with my request because my signature deosn't match, and requesting that I send a copy of my driving licence or passport.

Needless to say, I shan't be sending them a copy of my driving licence/passport as requested! How should I respond to this though?

[Pixie]

Re: Hughie's UE Diary

Definitely don't send them copies of either of those! How did you sign the CCA request?

[Hughie]

Re: Hughie's UE Diary

Tesco Bank
Type of account - Credit card
Date commenced – Pre 2007 will need to check exact date
Approx balance - £2000
Date last paid – February 2016
Are you on arrangement or not paying – Was making reduced payment to Tesco Bank but have now stopped
Account owner – Tesco Bank

History – Assigned to Moorcroft October 2016

I wrote and requested a copy of the CCA a year ago, and have had several letters from them saying that they can’t comply as my letter wasn’t signed (I signed digitally). I wrote back to Tesco as per the template provided in AAD+ , and they replied insisting that they need a signature. I ignored.

I now have a letter from Moorcroft saying that the account has been passed to the Home Collections Division and that a representative may call at my home, is this likely to happen? Any advice on how to proceed would be much appreciated.