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  • Originally posted by Diana Mayhew View Post


    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.

    Comment


    • Originally posted by Strepsi View Post

      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

      Comment


      • Originally posted by Strepsi View Post
        • 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!!

        Comment


        • well done and great result all round file easy / safe
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • nice result, now file away
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


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

              I am a Litigation Executive at
              Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • Originally posted by Diana Mayhew View Post


                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.

                Comment


                • that demonstrates their knowledge of law!!

                  Comment


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

                    Originally posted by Strepsi View Post

                    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?
                    Last edited by Strepsi; 16 April 2020, 09:41.

                    Comment


                    • Joanna Connolly
                      Joanna Connolly commented
                      Editing a comment
                      They can always ask .................

                  • 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).



                    Comment


                    • Joanna Connolly
                      Joanna Connolly commented
                      Editing a comment
                      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.

                  • Originally posted by Strepsi View Post
                    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).


                    Hi,

                    I accept that this won't now SB'd any time soon.

                    I was curious to best course of action, as I understand that their (Cabot UK) licensed has lapsed. I was going to stop the payments and then when the time was correct send letter (for example CCA requests).

                    Di and myself have had conversation regarding this debt and 'my' morals associated with it, hence the payment aggreement and length of.

                    Cheers

                    Comment


                    • Originally posted by Strepsi View Post
                      I was going to stop the payments and then when the time was correct send letter (for example CCA requests).

                      Di and myself have had conversation regarding this debt and 'my' morals associated with it, hence the payment aggreement and length of

                      I've only just seen this post - sorry I overlooked it.

                      Just to clarify, it was you who felt morally obliged to pay Ikea for the kitchen loan not me, especially when there are potential issues with the actual lender who appears not to be UK based

                      You may take a different moral approach now that the debt is owned by Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings.

                      It now becomes a legal argument not a moral argument.

                      Are you still paying?

                      Di

                      Comment


                      • Originally posted by Diana Mayhew View Post


                        I've only just seen this post - sorry I overlooked it.

                        Just to clarify, it was you who felt morally obliged to pay Ikea for the kitchen loan not me, especially when there are potential issues with the actual lender who appears not to be UK based

                        You may take a different moral approach now that the debt is owned by Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings.

                        It now becomes a legal argument not a moral argument.

                        Are you still paying?

                        Di
                        Hi, Di I thought it was clear it was my morals around this debt - you put me straight!!

                        As soon as I received letter my thinking has changed, completely.

                        Payment now stopped, funny I smiled when it was Cabot financial UK...

                        Comment


                        • Originally posted by Strepsi View Post

                          Hi, Di I thought it was clear it was my morals around this debt - you put me straight!!

                          As soon as I received letter my thinking has changed, completely.

                          Payment now stopped, funny I smiled when it was Cabot financial UK...

                          Glad I was able to put you straight on the difference between a moral argument and a legal argument.

                          Hold that thought

                          Have you heard anything new from Cabot Financial (UK) Ltd?

                          Di

                          Comment


                          • Originally posted by Strepsi View Post

                            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.
                            Just received a letter advising that they have my agreement but they aren't able to send owing to Covid19. Apparently I have to log on to their customer portal.

                            Surely not?!

                            Comment

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