Start of my diary

[Gerry Jemitus]

I wouldn't put the kettle on for them, they rarely keep their promise to visit.

[PlanB]

like your Mum getting one of your mates to get you to phone home

I've tried that many times - it doesn't work

Di

[nightwatch]

I wouldn't, is it still owned by Arrow?. If so, they have just noticed it's 5 years since you paid them.
they will be having a wobble trying to get you to pay something or admit the debt before it's SB.
Don't panic about resolve call, they have no power what so ever. They just employ people to call at your home to get you to " reconnect" with your DCA.
Bit like your Mum getting one of your mates to get you to phone home.
They may send a letter first to say they are calling or they may just phone you, depending on where you live, they may not have an agent in your area,
So don't open the door, if you do, ask them to shut the gate on the way out, do not discuss anything with them.

[Warwick65]

Well my thoughts are at this point you should send the letter that says no callers. SWID is maybe something to save up for later and should possibly be quite simple - these companies know the law.

[Strepsi]

• Type of account TSB
• Date commenced 2005
• Approx balance 4000
• Date last paid Feb 2016
• Are you on arrangement or not paying?
• Status Defaulted September 2014
• Account owner Arrow

Just received letter from TSB/Arrow advising the debt is now owned by Arrow.

At the moment I haven't received CCA that was request in the first part of 2016. I have both letter and proof of delivery saved on my desktop.

I have loads of requests for payment from Moorcroft.

Received a letter from Capquest advising that resolve call will be paying me a visit if I don't contact them within a week.

TSB (or DCA) still haven't complied with CCA request sent in 2016.

Should I be sending a. SWID?

[Strepsi]

So this is a Halifax credit card from 2008 with a current balance of £5k approx.

I nearly got it right

You refer to it being "enforceable" so does that mean you sent a CCA Request to Halifax and Niddy deemed the credit agreement sent in response as enforceable?

Would you like me to take a peek at the document by email? You can send me PRA's Pre-Lit letter at the same time if that helps.

(Apologies if you've answered my first question earlier on your thread).

Di

Hi,

I have forwarded email originally sent to Niddy.

The CCA I received was received from OC.

I will send letter from PRA a little later.

Cheers

[Warwick65]

So this is a credit card debt- I assume you sent a cca request as I notice you call it enforceable in default.

At some point it was sold to PRA and I you haven't sent a new CCA request to them.


As I am sure you know, there is a lot more to enforceability than just the agreement and of course now PRA hold it, who knows if they have a copy of the agreement but don't ask them for anything just yet

[Joanna Connolly Solicitors]

So this is a Halifax credit card from 2008 with a current balance of £5k approx.

I nearly got it right

You refer to it being "enforceable" so does that mean you sent a CCA Request to Halifax and Niddy deemed the credit agreement sent in response as enforceable?

Would you like me to take a peek at the document by email? You can send me PRA's Pre-Lit letter at the same time if that helps.

(Apologies if you've answered my first question earlier on your thread).

Di

[Strepsi]

[QUOTE=Diana Mayhew;n1538951]


Is this the Halifax debt in post #732? A current account from 2008 with a balance of £2k approx? If not can you signpost me to the right debt.

If that's a 'Letter of Claim' then email it to me, but it sounds like a Pre-Lit letter.

Di
#723

[/QUOTE]

19 December 2020, 11:04
Originally posted by Strepsi View Post
Re: Start of my diary

Halifax 05/11/2008 5118
Enforceable in Default

19th July 2016
As we haven't been able to agree a suitable repayment plan we've transferred your Halifax Credit Card account to a debt collection agency, we've instructed Wescot Credit Services Limited to arrange collection of the outstanding amount.

24th July 2016

Wescot is a specialist debt collection agency and we have by our client, Halifax Credit Card to make contact with you to discuss the outstanding balance on this account account and the repayment options available...

3rd August 2016
Our enquiries have confirmed you are resident at the address above but we have not yet agreed a solution for this account with you...

13th August 2016
We have written to you on several occasions asking you to contact us about this account, however to date we have not yet agreed a solution...

2nd December 2016 Moorcroft Debt Recovery
To prevent further debt recovery action please send your payment before 9th December... if you do not contact us following receipt of this letter we may have no alternative other than recommend to our client that they consider possible further debt recovery action against you.

16th December 2016
As we have not received any communication from you with regards to your outstanding account we are concerned that your financial position means that you may not be in a position to meet our requests to clear the account in full...

2nd January 2017 Moorcroft
We are aware that you have failed to agree an affordable repayment plan with us concerning the above account... referral to our Home Collections Division...

16th January 2016
Our records show that despite our previous attempts to contact you, you have failed to make any payments to us and therefore your account has now been passed to our Home Collections Division...

13th February 2017 Moorcroft - Discount Offer
I am disappointed to note that despite our numerous attempts to contact you no satisfactory agreement has been reached regarding the outstanding balance of £5116.44 on the above account.

13th March 2017 Moorcroft - Good News
You could be free of this debt today if you telephone us and agree one of the following options:
Interest Free Repayment Plan
A Substantial Discount
Updated....
Just received letter (NOA) in same envelope that, this has been assigned to PRA Group. Just a really nice introductory letter. Unfortunately no Christmas Card...

It is Pre-lit letter.

[Joanna Connolly Solicitors]

#730

Received letter from PRA.

Advising that now with litigation department. I have 30 days to reply from date of this letter.

I then would assume that I will get another threatening letter...

Is this the Halifax debt in post #732? A current account from 2008 with a balance of £2k approx? If not can you signpost me to the right debt.

If that's a 'Letter of Claim' then email it to me, but it sounds like a Pre-Lit letter.

Di

[Strepsi]

Hi,

Just this week I received a time limited discount offer, this expires mid February.

The last payment on this debt was made Jan/Feb 2016.

I was going to hang fire for a while with regards CCA, see how things went with type of letter.

I have recent experience with PRA !

#730

Received letter from PRA.

Advising that now with litigation department. I have 30 days to reply from date of this letter.

I then would assume that I will get another threatening letter...

[Joanna Connolly Solicitors]

I keep researching on SB, I aren't sure when I received default on this and perhaps other accounts.

Forsake of argument, if my 6 years of having contact but the account isn't defaulted until 3 years after. Will the debt SB'd in a further 3 years, so 6 years after the default? Does that make sense?

Also what is the best way of getting a definitive answer on default dates

I think this post by Colin is a good way to get the answer to your question on default dates where he explains it in Plain English >

Where the date of default is held to be the date upon which the 6 year Limitation period accrues, I posted earlier today that numerous Creditors will rely on the fact the default wasn't registered the day after the expiry of a Default Notice and much later. That argument can be used to suggest a failure to provide the requisite time to remedy a breach is insignificant, or it can be used to extend a Limitation Period.

In effect, company X could serve a Default Notice, being the precondition of and notification to a Consumer of an intention to enforce a regulated Agreement, but not actually register the Default for some time, whilst that company got its house in order' and prepared its case. Obviously, that position would face opposition.

Di

[Strepsi]

So you've got a year to go before the debt may become Statute Barred (depending on Default date etc).

I wonder if PRA realize that so may turn up the heat to beat the SB clock. They'll write again next month no doubt. In the meantime keep your head down.

Di

I keep researching on SB, I aren't sure when I received default on this and perhaps other accounts.

Forsake of argument, if my 6 years of having contact but the account isn't defaulted until 3 years after. Will the debt SB'd in a further 3 years, so 6 years after the default? Does that make sense?

Also what is the best way of getting a definitive answer on default dates, on occasion when I get an update via 'clear score', it appears that default are added and the dates don't make sense, I think it is when the debt is purchased. But a debt can only be defaulted once.

Would I get a more accurate information from Experian.

Obviously need to keep my head down, so don't want to asking for GDPR at the moment?

[Joanna Connolly Solicitors]

this week I received a time limited discount offer, this expires mid February.

The last payment on this debt was made Jan/Feb 2016.

I was going to hang fire for a while with regards CCA, see how things went with type of letter.

So you've got a year to go before the debt may become Statute Barred (depending on Default date etc).

I wonder if PRA realize that so may turn up the heat to beat the SB clock. They'll write again next month no doubt. In the meantime keep your head down.

Di

[Strepsi]

Have PRA been chasing you for this ex-Halifax debt which was assigned to them before Christmas?

It’s unlike them to stay quiet for long.

I can see you refer to the debt as being enforceable, so I presume that was Niddy’s opinion following a CCA Request you made to Halifax in the past. However, PRA may not have access to the same documents.

Dont send another CCA Request just yet - wait to see how things develop.

When did you last pay anything towards this debt?

Di

Hi,

Just this week I received a time limited discount offer, this expires mid February.

The last payment on this debt was made Jan/Feb 2016.

I was going to hang fire for a while with regards CCA, see how things went with type of letter.

I have recent experience with PRA !