LarimarBlue's UE Diary

[LarimarBlue]

Re: LarimarBlue's UE Diary

Hi, I'm sorry for the delay in replying, I didn't realise I had any replies on this - I must check my notification settings!

Ok since my last post, I received another letter from PRA dated 08 August 2016, saying: We write further to (account ref) and to our 24 June 2016 letter before claim. We refer to paragraph 5 of that letter and regret that where we wrote: Varde Experto (the Creditor) this was incorrect. It was due to a typographical error. In order to clarify matters we enclose a replacement letter before claim which provides you with a further 14 days to consider matters and contact us.

So I replied with a new CCA request on 11 August addressed to PRA. And again, they returned my £1 payment postal order and said they've requested the required information. They will contact me to provide an update as soon as possible.

A few days later I then sent a letter acknowledging receipt of their letter before action and requested in accordance with Pre Action Protocol Practice Direction 1 6(c) they provide me with key documents etc.

I'm waiting to hear back from them again.

To answer your questions:

1. It was a credit card account
2. Commenced in 2002
3. Outstanding balance £15,903.79
4. I can't remember when I last made a full payment
5. I haven't made any payments for over six years now - the debt doesn't appear on my Noddle report any more
6. Default status
7. Account owner is now PRA (they bought it from Varde Experto who'd bought it from MBNA

I'll upload the document for Niddy to check for me. Thank you for your help!

Hi LarimarBlue. I'm not sure why PRA sent the payment back but keep the letter acknowledging your request safe.

1. No need to send another CCA request.

2. Upload the MBNA agreement for Niddy to check --->http://forums.all-about-debt.co.uk/f...?do=form&fid=4 BTW you won't have a credit agreement with PRA. It's the agreement with the original creditor that's needed.

3. As they've said they won't contact you again until they've got the rest of the documentation there's no need to send them anything at the moment.

In the meantime it would be useful if you could set out the details for this as shown below:

Type of account (credit card/loan)
Date commenced (ideally before Apr 2007)
Approx balance
Date last paid (approximate date you last made a FULL payment)
Are you on arrangement or not paying
Status (default/in arrears/up-to-date)
Account owner (who is writing to you, a DCA or the lender)

[LarimarBlue]

Re: LarimarBlue's UE Diary

Thank you xx

All the best with this x

[LarimarBlue]

Re: LarimarBlue's UE Diary

Hiya Plan B, yes, I've just posted an update in reply to Pixie. Not a lot has happened yet apart from going through the motions again... x

Has anything happened since your last post?

Plan B x

[cymruambyth]

Re: LarimarBlue's UE Diary

Notifications done always come through, so it's best to regularly check your thread in case there have been any posts.

You say that you haven't made any payments for over 6 years and that you can't remember when you last paid. Are you sure that it is over 6 years since you last paid or acknowledged the debt? Unfortunately records with CRAs aren't a reliable guidance - I know that some of mine cleared from the CRAs even though I was still paying them They record the date that the account was defaulted which doesn't always match to last date paid.

[PlanB]

Re: LarimarBlue's UE Diary

I replied with a new CCA request on 11 August addressed to PRA. And again, they returned my £1 payment postal order and said they've requested the required information. They will contact me to provide an update as soon as possible.

A few days later I then sent a letter acknowledging receipt of their letter before action and requested in accordance with Pre Action Protocol Practice Direction 1 6(c) they provide me with key documents etc.

I'm waiting to hear back from them again.

To answer your questions:

1. It was a credit card account
2. Commenced in 2002
3. Outstanding balance £15,903.79
4. I can't remember when I last made a full payment
5. I haven't made any payments for over six years now - the debt doesn't appear on my Noddle report any more
6. Default status
7. Account owner is now PRA (they bought it from Varde Experto who'd bought it from MBNA

I'll upload the document for Niddy to check for me

Where did the document you are sending to Niddy to check come from? It seems it wasn't sent in response to your recent CCA Request to PRA.

It'll be good if this debt is SB but the fact it doesn't show on your CRA file doesn't mean it's necessarily SB because the file entry will 'drop off' six years after the Default was registered which may be before the last payment (if you went into a DMP or ATP). Do you have old bank statements to check when you last paid?

Plan B x

[PlanB]

Re: LarimarBlue's UE Diary

I was advised on that thread to move the thread here instead. I could not find an option to close the other one, any advise on that? I'll be posting updates here.

Perhaps it would be better to merge the two threads rather than close the other one.

Plan B x

[LarimarBlue]

Re: LarimarBlue's UE Diary

Should I start a new thread about my other creditor - Cabot Financial - who bought my credit card debt from Halifax who'd taken over my original credit card account with Egg (who no longer exist) in 2009. I don't know when I originally took out a credit card with Egg, but it would have been in early 2000's I imagine. They say I owe them £15,259.12 and they've been hassling me again for payment.

Again, I've not paid anything in over six years so it's not appearing on Noddle but because of the letters / phone calls I decided to send them a CCA request.

They have replied saying they do not currently have this information on file however they have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. They also acknowledge the 12 day time limit to provide the information before the account becomes unenforceable, but then say "however as we have to request the details from the original lender I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again."

Are they allowed to extend the time limit like that? Should I reply to this letter at all?

[LarimarBlue]

Re: LarimarBlue's UE Diary

Can an admin do this? I don't see options for doing anything like that. I would have thought closing the other one would make more sense. I'll go on it and post a link to this thread on it in the meantime x

Perhaps it would be better to merge the two threads rather than close the other one.

Plan B x

[LarimarBlue]

Re: LarimarBlue's UE Diary

It was sent to me by PRA in response to my first CCA request. Can you explain what you mean when you say 'SB' - thanks

Where did the document you are sending to Niddy to check come from? It seems it wasn't sent in response to your recent CCA Request to PRA.

It'll be good if this debt is SB but the fact it doesn't show on your CRA file doesn't mean it's necessarily SB because the file entry will 'drop off' six years after the Default was registered which may be before the last payment (if you went into a DMP or ATP). Do you have old bank statements to check when you last paid?

Plan B x

[PlanB]

Re: LarimarBlue's UE Diary

It was sent to me by PRA in response to my first CCA request.

That's why I was checking, because your first CCA Request was sent to Varde (addressed to Varde with postal order made payable to Varde) but posted to PRA who returned it to you.

You've now sent a new CCA Request to PRA so they have to comply with that one. From what you say they haven't so far.

Plan B x

[PlanB]

Re: LarimarBlue's UE Diary

my other creditor - Cabot Financial - who bought my credit card debt from Halifax who'd taken over my original credit card account with Egg (who no longer exist) in 2009. I don't know when I originally took out a credit card with Egg, but it would have been in early 2000's I imagine. They say I owe them £15,259.12 and they've been hassling me again for payment.

Again, I've not paid anything in over six years so it's not appearing on Noddle but because of the letters / phone calls I decided to send them a CCA request.

They have replied saying they do not currently have this information on file however they have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. They also acknowledge the 12 day time limit to provide the information before the account becomes unenforceable, but then say "however as we have to request the details from the original lender I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again."

Are they allowed to extend the time limit like that? Should I reply to this letter at all?

No need to reply to Cabot's letter.

You've submitted a s.78 CCA Request and they've acknowledged that by writing back to say they haven't got the documents so have asked the original creditor for them.

This means that they are in default of your CCA Request until they come up with the goods which could be weeks/months/years or never. Until or unless they comply they cannot enforce the debt in court.

No need to nag them

Plan B

[LarimarBlue]

Re: LarimarBlue's UE Diary

Unfortunately I closed the bank account I was using and chucked out the statements. I remember negotiating payment terms which would have been 2009 probably - maybe early 2010. I've definitely not paid anything since about June 2013.

Notifications done always come through, so it's best to regularly check your thread in case there have been any posts.

You say that you haven't made any payments for over 6 years and that you can't remember when you last paid. Are you sure that it is over 6 years since you last paid or acknowledged the debt? Unfortunately records with CRAs aren't a reliable guidance - I know that some of mine cleared from the CRAs even though I was still paying them They record the date that the account was defaulted which doesn't always match to last date paid.

[PlanB]

Re: LarimarBlue's UE Diary

Can you explain what you mean when you say 'SB'

My apologies "SB" is short for statute barred which means if you haven't paid or acknowledged a debt for six years (five years in Scotland) then the creditor loses the legal right to enforce it in court.

Plan B x

[LarimarBlue]

Re: LarimarBlue's UE Diary

Woo hoo!! That's good news - thank you!

No need to reply to Cabot's letter.

You've submitted a s.78 CCA Request and they've acknowledged that by writing back to say they haven't got the documents so have asked the original creditor for them.

This means that they are in default of your CCA Request until they come up with the goods which could be weeks/months/years or never. Until or unless they comply they cannot enforce the debt in court.

No need to nag them

Plan B

[PlanB]

Re: LarimarBlue's UE Diary

I remember negotiating payment terms which would have been 2009 probably - maybe early 2010. I've definitely not paid anything since about June 2013.

Our posts crossed.

If you last made a payment in 2013 then it won't be statute barred until 2019.

Plan B x