Start of my diary

[Joanna Connolly]

Even though payment arrangements are in place they do not stop creditors defaulting you. assigning the debt and issuing proceedings. The £1 monthly payment stops the limitation clock running.

[Joanna Connolly]

They can always ask .................

[Strepsi]

First post regarding this IKea.

We made a kitchen at Ikea. Had an arrangement to pay £1.00 a month for the past 3 years(ish)

Account defaulted in August 2014.
Outstanding balance £2182

Received a letter last week that the account has now been sold Cabot Financial (UK) Ltd, specifically the original debt was owned by Ikano Bank AB (publ).

[Strepsi]

**** Barclarycard debt that was defended in court about 3 years ago.

Had a phone call from Jo Connolly (apologies if spelt surname wrong). Letting me know we have got a result to say I am thrilled (if not relieved) is an understatement.

Thanks very much Di for the initial conversation/advice and obviously Jo and rest of her team. Of course thanks to this forum. Still along road that needs to be travelled...

Received letter earlier from Link Financial - Statement of Account.

In amongst the letter was an arrears form and also a 'polite' request to arrange payment, if payment not been made.

I get the odd letter (the last letter beginning of the year confirming address), but bearing in mind that this they lost their claim, are they allowed to do this and is it normal behaviour?

[Timewilltell]

that demonstrates their knowledge of law!!

[Strepsi]

Since you want to avoid legal proceedings due to the size of the outstanding sum, I see no harm in either:

(a) resend a s78 CCA Request with the postal order made out to Santander and copy it to DrydensFairfax since the firm won't know you've previously sent a CCA Request which was returned.

or

(b) send DrydensFairfax the AAD forum template known as SWID.

Once solicitors get as far as a Letter of Claim chances are they will issue no matter what, which you are hoping to avoid.

You choose

Di

Received letter from Dryden's

"We refer to the above matter and confirm receipt of your correspondence, the content of which has been noted.

Your account has been placed on temporary hold while we contact our client with detail of your query.

We will inform you of the outcome as s response is received from our client.

Furthermore, please see attached the postal order, you have provided to our office. This is no longer required when requesting a copy of the original Credit Agreement."

They have sent back the postal order which was made out to Santander, when I CCA'd Santander they returned it as it didn't have Santander written on it! Also returned is my letter for CCA request.

[Colin G Quinn]

I'm glad we were able to help and that you are pleased with the result. It was a pleasure working with you.

[nightwatch]

nice result, now file away

[The Tech Clerk]

well done and great result all round file easy / safe

[Strepsi]

• 12th October 2019, 13:15

23rd September 2019, 11:44

Originally posted by Strepsi View Post

• 26th June 2017, 12:39
• Type of Account: B of S cc
• Date Commenced: /10/2013
  Approx Balance: £1100
  Date last paid: Approx beginning of 2016
  Are you on arrangement to pay or not paying: Not paying
  Status (Default/ in arrears/ up to date): Default
  Account Owner (DCA or Lender): PRA Group
  
  Re: CCA Reply received Bank of Scotland
  
  Originally posted by Strepsi View Post
  Re: request for information section 77 - 79 Consumer Credit Act 1974
  
  Dear...
  
  I am in receipt of your correspondence in relation to the above account and have requested the required information.
  
  We will contact you to provide an update as soon as possible...
  Dated April 2017
  PRA Group
  Outstanding balance 1001.97
  Original Creditor B of S
  
  We are disappointed to see that you have failed to respond to our attempts to contact you regarding your outstanding debt.
  
  Our account managers will now start a full investigation into your personal circumstances which will include some of the following...
  
  We can only assist you if you get in touch with us. If we fail to hear from you within 14 days of the date of this letter, this will leave us no alternative but to consider what action would be appropriate to collect this debt in full.
  
  Letter received /06/2017 PRA GROUP
  
  I refer to your request for copy documentation regarding the above account.
  
  Please find enclosed documentation received to date; we are awaiting further documents inorder to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court of further enforcement action...
  
  Please be advised that this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
  * Contact you and ask you to pay what you owe
  * Pass your details onto a third party collection agency.
• If we obtain information in the future we will of course provide this to you immediately.
• PRA GROUP 1/3/2017
  In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account - ..........
  
  Still no credit agreement?!
• 27th July 2018, 13:28Originally posted by Strepsi View Post
  
  SAR request sent as advised by Di.
• Received 27th July from Bank of Scotland.
  
  RE: Request for information under the Data Protection Act 1998
  
  I refer to your letter regarding the receipt of copy statements for the above account.
  
  After further investigation, it appears the account has been charged off in 08/ 2014. This refers to the account having fallen into arrears and the customer ceasing to make further payments towards clearing the outstanding balance.
  
  Unfortunately, due to the charged off block being placed on the account, no further statements are available after [09/2014.
  
  I appreciate you require a full compliment of statements but as far as our records allow, this is what you have received.
  I hope this meets with your requirements.
  Yours Faithfully
  Card Operations

21/9

Received letter from PRA Group

"Your account is being managed by our investigation and litigation department to look at your outstanding debt for possible litigation recovery."

I have received exact same letter dated April 2017, from that letter sent a cca request, they deemed the account to be unenforceable. Not really sure what to do now, can't CCA them again.





To add, I emailed Niddy last year he informed me he thinks it is enforceable (as I do to my untrained eye). The letter from PRA group state that until they receive other information it is unenforceable.


Last edited by Strepsi; 23rd September 2019, 13:02.

PRA GROUP lETTER
Received an LBC this morning from PRA Group. What is best course of action?

• 15th October 2019, 10:09

Originally posted by Diana Mayhew View Post
Hello [img]file:///C:/Users/Zoe/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/img]?

A couple of quick questions.

What date was the account assigned to PRA?

Was there a Default Notice (or any reference to a DN having been issued/served) in your SAR response from Bank of Scotland?

Di
No, all I received were copy of statements. The letter I received from B of S referenced my request for statement, although I used the SAR/GDPR from this site.

• 13th November 2019, 12:00

Originally posted by Strepsi View Post

To add, I emailed Niddy last year he informed me he thinks it is enforceable (as I do to my untrained eye). The letter from PRA group state that until they receive other information it is unenforceable.
UPDATE #590 PRA Group Bank of Scotland.

Received an LBC from PRA beginning of October, Di advised I send form back disputing their claim.

This morning received response "thank you for your dispute received date November, I can confirm that the above acccount has been placed on hold...We maybe in contact with you in the meantime to obtain further info...
We aim to provide a full response to your dispute within 30 days, however you should be aware that if we need to obtain additional info from the original creditor, this may result in further delay. We will keep you updated"

Now I just wait

• 23rd December 2019, 10:16

Originally posted by Strepsi View Post

@dianamayhew

Updated 23rd December

Letter received beginning of December from PRA.

"I refer to your dispute raised November. We are currently awaiting further information to enable us to resolve the dispute. Be assured, the account continues to remain on hold during our investigation period..."
Updated this morning.

Diana Mayhew

Just received pack in the post my credit agreement signed (ticked) and with terms,along what appears to be default notice.

And some statements. They have given me 30 days to reply.

Advice on what to do next...

Updated

Just received email from JC Solicitors, PRA have discontinued.

I can put this paperwork in my alternate file and I don't mean bin. They literally go into my other file, which is slowly getting bigger...

Result!!

[Joanna Connolly Solicitors]

Sadly don't think it will get as far as a debt purchaser.

In which case they've shot themselves in the foot by destroying their own records

Di

[Strepsi]

I do hope so

Because it they have destroyed some of your original account records, then any subsequent debt purchaser won't be able to get hold of them either.

Every cloud has a silver lining.

Di

Sadly don't think it will get as far as a debt purchaser.

[Joanna Connolly Solicitors]

received my SAR from Santander as requested to Santander.

The cover letter read as follows
"Further to your recent request... historical information can only be retained if there is legitimate reason for doing so. Therefore, some of the original account records may have been destroyed in line with our retention policy" (Can they do this?)

I do hope so

Because it they have destroyed some of your original account records, then any subsequent debt purchaser won't be able to get hold of them either.

Every cloud has a silver lining.

Di

[Strepsi]

To update,

I have sent a CCA (not SWID) to Drydens today, enclosed a postal order with payee of Santander.

Updated CCA sent to Dryden's.

This morning received my SAR from Santander as requested to Santander.

Information contained all my accounts I have with them.

Specific to this debt. Included is default notice, my signed credit agreement, there are no terms.

On the log you can see the default.

Not really sure what else I should be seeing.

The cover letter read as follows
"Further to your recent request... historical information can only be retained if there is legitimate reason for doing so. Therefore, some of the original account records may have been destroyed in line with our retention policy" (Can they do this?)

[nightwatch]

[QUOTE=Diana Mayhew;n1533610]

I like your analogy (my being like a warm comfort blanket)

Di

I'm a mug of nettle tea