Let the fun commence - 6 year journey starts here!

[Brusselsprout]

A lot will depend on the current status of the debt, such as nearing Statute Barred or irredeemably unenforceable, and the amounts involved.

Sometimes there’s a condition in the Deeds which allows the original creditor to buy back the debt so they can offset the PPI refund, and then reassign it to the debt purchaser.

Other times knowing that you had PPI can be useful as part of your Defence, such as did they comply with a s78 CCA Request with details of the PPI, or even a Counterclaim (in some circumstances).

Each debt is different so maybe post where the history of these two accounts (MBNA and Barclaycard) can be found on your thread to see the full backstory.

Di

Thanks Di

Interesting info there, I didn't know they could buy it back! Well my MBNA debt was sold to PRA, and is a pre 2007 former Virgin card. I haven't had a definitive answer on whether it is unenforceable, but Niddy thought it looked ok, but after speaking to yourself you mentioned that the T&Cs where not included in the CCA...As for my Barclaycard ones they are both post 2007 and Niddy thinks they are unenforceable at present as there is no signed agreement sent with the CCA. Both histories can be found on page 1 of my diary (sorry im not tech savvy enough to link them to here ) I am nowhere near Statue barred yet unfortunately All 3 debts are my largest ones 10k, 9k and 6.5k...



Thanks
Brussel

[Joanna Connolly Solicitors]

I know that if you are fighting the unenforceable route that i should not go chasing down PPi . . . . . i was just wondering about the debts that have been sold on to DCAs - mainly my biggest ones, MBNA and Barclaycard - could i approach the original lenders and make a PPI claim with them? They no longer own the debt so would that be detrimental to my cause?

A lot will depend on the current status of the debt, such as nearing Statute Barred or irredeemably unenforceable, and the amounts involved.

Sometimes there’s a condition in the Deeds which allows the original creditor to buy back the debt so they can offset the PPI refund, and then reassign it to the debt purchaser.

Other times knowing that you had PPI can be useful as part of your Defence, such as did they comply with a s78 CCA Request with details of the PPI, or even a Counterclaim (in some circumstances).

Each debt is different so maybe post where the history of these two accounts (MBNA and Barclaycard) can be found on your thread to see the full backstory.

Di

[Brusselsprout]

Morning everyone!

So, PPi... I know that if you are fighting the unenforceable route that i should not go chasing down PPi, but a few of my family members have just received near 10k in PPi refunds, which is making me think maybe i have something like that hiding away amongst my cards! Now, i was just wondering about the debts that have been sold on to DCAs - mainly my biggest ones, MBNA and Barclaycard - could i approach the original lenders and make a PPI claim with them? They no longer own the debt so would that be detrimental to my cause? Sorry to ask, but with people waving fat juicy cheques in my face, i am getting kind of jealous here!! :P

Thanks
Brussel

[Brusselsprout]

In your case - as things stand right now - never! lol

No need to send a SAR - not yet anyway!

Thanks a lot Niddy for the advice No SARs and no contact... understood!

Thanks again

Brussel

[Never-In-Doubt]

Basically, long story short: When is the time to send one?

In your case - as things stand right now - never! lol

No need to send a SAR - not yet anyway!

[Never-In-Doubt]

Sending for a SAR is to discover what Information is being held on you as a person.
The reason why AAD advises requesting a SAR is so that we can make informed decisions over UE or F&F etc..
Now often in the diaries you will find that a CCA is recommended years after an earlier CCA has been declared EN, and magic it comes back unable to find!.
The reason is that data isn't always retained or held, it can and does get lost!

So you see with a SAR each Case is different and strangely may vary over time!
The timing of a SAR will normally be because of say a threat to claim!
Unless you have a specific reason then why bother!

Case by Case and Cases really are all different

Just to clarify - we don't recommend people obtain a SAR unless in strict circumstances, such as a claim is issued. It's not wise to do it for general UE queries, in fact it's actually extremely silly to do this as all you're doing is alerting them to your knowledge of the debt. Best to play the UE game and not worry about unnecessarily sending for a SAR.

So to recap - we don't say go for a SAR - not unless you've been asked to for a logical reason, for a claim or if you know a debt is SB and you want to try a reclaim or something along those lines. If you're fighting UE then you should never send for SAR as part of the course.

Hope this clears it up

[Never-In-Doubt]

Hi guys

Can anyone shed light on the above please? Latest letter stated that ' you will be aware that your account was previously owned by Asset Link (no 5) and is now being serviced by Link Financial Outsourcing'. I wasn't aware of that... Do they have different companies within Link? And why would they switch them around?
Thanks
Brussel

I wouldn't worry - you have no reason to make contact, so don't.

They will do a credit search under tracing rights anyway, so what they're really doing is trying to get you to make contact. I wouldn't if it was me

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!

DEBT #3

• Type of account: Barclaycard
• Date commenced: September 2011
• Approx balance: £10,500
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account: Defaulted June 2017 (Barclay card didn't default before selling onto Link!)
• Account owner : Link Financial

CCA request made early March 2017. 1 letter from link saying they will revert back to OC. Nothing heard as of yet.

April 13th 2017: Letter received from Link containing reconstituted CCA Will email to Niddy soon, but looks enforceable to me!
April 20th 2017: CCA scanned to Niddy and the team
April 20th 2017: Niddy says CCA missing signed agreement and P/Ts so unenforceable for now good news!
May 31st 2017: Statement of account sent by Link. It appears they used the £1 postal order as a payment towards alleged debt!!
24th June 2017: Default notice received from Link for arrears
28th September 2017: Demand to pay the arrears letter received. I have 7 days
22nd October 2017: Another CCA request sent even though I haven't requested one, and they apologise that they have taken so long. I guess they forgot they already sent one.
3rd November 2017: Statement of account, and arrears letter sent by Link. Asking me to contact them.
4th May 2018: Statement of account received
24th May 2018: Letter received from Link saying that " even though we are entitled to the full balance we are giving you the opportunity to pay by monthly instalments" The letter then has a direct debit box at the bottom!
25th June 2018: Letter from Link saying " we haven't wrote to you in a while as we needed to validate your address, and what are your intentions regarding payment of this debt". Weird that they needed to validate my address! Ignored
10th August 2018: LET US HELP YOU GET BACK ON TRACK letter received from Link. Also states that the debt was previously owned by Asset Link (no5) and is now being serviced by Link Financial!

Hi guys

Can anyone shed light on the above please? Latest letter stated that ' you will be aware that your account was previously owned by Asset Link (no 5) and is now being serviced by Link Financial Outsourcing'. I wasn't aware of that... Do they have different companies within Link? And why would they switch them around?
Thanks
Brussel

[Brusselsprout]

Sending for a SAR is to discover what Information is being held on you as a person.
The reason why AAD advises requesting a SAR is so that we can make informed decisions over UE or F&F etc..
Now often in the diaries you will find that a CCA is recommended years after an earlier CCA has been declared EN, and magic it comes back unable to find!.
The reason is that data isn't always retained or held, it can and does get lost!

So you see with a SAR each Case is different and strangely may vary over time!
The timing of a SAR will normally be because of say a threat to claim!
Unless you have a specific reason then why bother!

Case by Case and Cases really are all different

Thanks Roger for the reply...

really useful info there, thanks. I'll just keep checking in here as and when things come through, and then i'll make a decision.

Brussel

[Roger]

Sending for a SAR is to discover what Information is being held on you as a person.
The reason why AAD advises requesting a SAR is so that we can make informed decisions over UE or F&F etc..
Now often in the diaries you will find that a CCA is recommended years after an earlier CCA has been declared EN, and magic it comes back unable to find!.
The reason is that data isn't always retained or held, it can and does get lost!

So you see with a SAR each Case is different and strangely may vary over time!
The timing of a SAR will normally be because of say a threat to claim!
Unless you have a specific reason then why bother!

Case by Case and Cases really are all different

[Brusselsprout]

To add to what SW has just said, in general silence is golden, yes, but CCA & SAR/GDPR requests will usually need to be sent at some stage and are often essential. Sending a SAR request to the OC after the debt has been sold on isn't going to be something the current debt owner would know about so that's not particularly a problem. It's your right to do that whenever you want to so I don't think you need worry too much about it. You can always do it again later on if there's a need to.

Otherwise you need to judge when is the right time to send these and that depends on the individual situation. There is also a difference of opinion about when you should do this, some people like to CCA and/or SAR early on in order to get the best handle on what they have on you, or just to fill in what you may not already know or have forgotten. There's a lot to be said for that as the more knowledge you have then the better placed you are to deal with it.

But there are also situations when you need to send an SAR at a later date in order to pick up correspondence between DCA's and OC's for example, which you obviously wouldn't have early on. It really depends on the individual case so I don't think there's a hard & fast rule about it. If you ask the forum for an individual situation you'd usually get some good input.

Thanks guys for the advice...

I think i will hold off for the time being.

Thanks
Brussel

[MisterK]

To add to what SW has just said, in general silence is golden, yes, but CCA & SAR/GDPR requests will usually need to be sent at some stage and are often essential. Sending a SAR request to the OC after the debt has been sold on isn't going to be something the current debt owner would know about so that's not particularly a problem. It's your right to do that whenever you want to so I don't think you need worry too much about it. You can always do it again later on if there's a need to.

Otherwise you need to judge when is the right time to send these and that depends on the individual situation. There is also a difference of opinion about when you should do this, some people like to CCA and/or SAR early on in order to get the best handle on what they have on you, or just to fill in what you may not already know or have forgotten. There's a lot to be said for that as the more knowledge you have then the better placed you are to deal with it.

But there are also situations when you need to send an SAR at a later date in order to pick up correspondence between DCA's and OC's for example, which you obviously wouldn't have early on. It really depends on the individual case so I don't think there's a hard & fast rule about it. If you ask the forum for an individual situation you'd usually get some good input.

[Still Waving]

I think you should treat this on a case by case basis.

The first thing to say is that you would not normally send a SAR request (to the original creditor) until after it has been sold on. Even then I would not be rushing to SAR. One can usually hold off debt purchasers for some time by following the AAD advice, and it should only become necessary to SAR the original creditor when the threat of legal action by the new owners is getting serious, rather than vague threats of what they may do.

[Brusselsprout]

Hi all

Just a quick one regarding SAR requests... I am currently going the UE route on all of my debts, but I haven't sent a SAR to any of them yet. Do I need to do this? Would sending SAR requests go against me in some way if I am going UE? I thought silence was golden . Do i just wait until they start threatening etc...?

Basically, long story short: When is the time to send one?

Thanks
Brussel

[Brusselsprout]

No don’t make them aware of anything they don’t get right.

These will be conduct issues so if you ever end up in court (hopefully not!) they will reflect badly on them.

Just smile when it happens and file away the evidence.

Di

Thanks Di, will do...

I'll sit back and await their next moves

Cheers
Brussel