Start of my unenforceabilty journey

[Never-In-Doubt]

Re: Start of my unenforceabilty journey

PRA Group, originally Barclaycard
Credit card
Unsure of start date
£1866.78
Last full payments were in 2010/11
Being paid on a DMP
Both defaulted and may not be on our credit file (will have to check).

CCA request sent Feb 2017

01/05/17 Letter from PRA Group saying they are still awaiting the requested documentation and the account is on hold until they receive it.
03/06/17 Letter from PRA Group enclosing a letter from Barclaycard saying there's a reconstituted copy of the credit agreement including terms attached (but it only looks like the terms are attached and those terms give one address for me on one part and another address for me on another part). PRA Group have said they currently deem the account as unenforceable and then give the usual blurb about how they still have the right to chase it etc.

Hi

This is currently UE as there are just terms, no signed agreement - nothing - just some terms! Therefore you can blag it a while and if they get arsey respond with the Missing PT's template.

However as they have admitted it is UE, just sit tight - do nothing for now. They must come out of default to be able to enforce anything. All good (so far)...

[unicorndeva]

Re: Start of my unenforceabilty journey

Thanks Di, sorry I'm new to all this and am struggling with how to do things correctly. I have posted updates under the relevant debts but was unsure how you guys would see it without having to troll through everything again. I'll get the hang of it eventually

You mentioned about whether I had requested PPI (which I have). How does this affect things?

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

Another update re: PRA Group deeming my Barclaycard account unenforceable. Do I still need to send a copy agreement to Niddy?

That's nice

Which one of your Barclaycard debts is this?

PRA appear to own five ex-Barclaycards of yours in posts # 17 #18 # 19 # 22 and # 25 (assuming the Egg ones became Barclaycard in 2011).

You say PRA have declared it unenforceable but also sent a CCA so maybe it's a good idea to send whatever they sent you to Niddy including the covering letter.

Sometimes those letters say it's currently unenforceable because 14 days have passed but they'll contact you again if/when they get the documents.

Fingers crossed this one is done and dusted.

Di

PS if you can re-quote your Diary post and then add an update each time there's something new it may help to keep track of things. If you follow me!

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

Thank you, Di, for your response.

If I do still need to send a SAR request, do I send it to the debt collector or the original creditor?

The SAR needs to be sent to the original creditor. It seems that two SARs will cover nine of your debts so it'll be well worth the £20 investment!

Di

[unicorndeva]

Re: Start of my unenforceabilty journey

Thank you, Di, for your response. PPi is under investigation atm.. I applied for it around the same time as I found this forum. Most of these debts have been defaulted according to our credit files, some have already dropped off our credit records . And all except the current accounts have been sent to debt collectors (although 2 are managed by Wescot). Do I still need to apply for Sars? The Largest debt, Natwest, combined my husbands current account with a personal loan and we don't know the amount outstanding for each. I've applied for a CCA on the loan with a statement of account but no answer as of yet... not sure what else to do here. The first loan payment was July 2007. Thank you for your help and time with this.

If I do still need to send a SAR request, do I send it to the debt collector or the original creditor?

[Joanna Connolly Solicitors]

Re: Start of my unenforceabilty journey

Hello

I've read back through your thread and think you should be feeling a huge sense of relief now that you're taking control of the situation instead of the situation controlling you.

Sending off the CCA Requests is only the beginning of something which may have a happy ending. Even if a credit agreement is 'enforceable' there're are a myriad of other legal reasons why a debt cannot be enforced in court.

You're at the research stage. You need to keep one step ahead of the game to future-proof yourself against any court claim.

So my first suggestion is you should send a Subject Access Request to both MBNA and Barclays because nine of your debts were with those two original creditors (seven with Barclays and two with MBNA). A SAR obliges the creditor to send you absolutely all information they have in their data files. So the one to Barclays should include those 2 x Barclaycard, 3 x Egg and 2 x overdrafts.

A SAR will give you the historical information you may need such as account opening dates, what (if any) credit agreements/application forms are still in existence, and a 'Transaction Log' for each account so you can see when (if ever) a Default Notice was issued and when the account was terminated and assigned to a debt purchaser.

As importantly what's not in the SAR will be useful if/when you are sent any reconstituted documents enabling you to check for 'honesty and accuracy' of any paperwork sent (the favourite part of my job )

This forum has a SAR template letter here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Would you have had PPI on any of these accounts?

Di

[cymruambyth]

Re: Start of my unenforceabilty journey

2 down 12 to go! As everyone has said keep those letters very safe and fingers crossed for a few more with the same result.

[nightwatch]

Re: Start of my unenforceabilty journey

If PRA have said it is unenforceable you don't need to, just keep the letter safe x

[unicorndeva]

Re: Start of my unenforceabilty journey

Another update re: PRA Group deeming my Barclaycard account unenforceable. Do I still need to send a copy agreement to Niddy?

[Pixie]

Re: Start of my unenforceabilty journey

Well done on the letter from Cabot. As Nanna says, keep it very safe!

Just a small point: When updating your diary it's helpful if you put the month (and year) you receive/send any letters otherwise it may well become a bit of a mish mash down the line.

[nanna58]

Re: Start of my unenforceabilty journey

Not sure about that, even if they do send a copy of the letter to whoever writes and remember to keep it very very safe, that's your trump card. Well done xxxx

[unicorndeva]

Re: Start of my unenforceabilty journey

I've added a few updates. Cabot have said they'll no longer chase the NRAM account as it's unenforceable... does this mean they'll sell it on, do you think?

[cymruambyth]

Re: Start of my unenforceabilty journey

You have now listed everything and although it is scary it's the first step to regaining financial control, which actually leads to you feeling calmer about everything. You will get loads of letters and phone and phone calls, we will then point you in the right direction.
Like you I had equity; I lost a court case ( pre AAD and a wonderful judge who thought that balance of probabilities was more important than facts or the law) and fought successfully to stop a CO. So depending on the age of your agreements you may be able to fight everything - although post April 2007 closes a lot of doors it is amazing how careless they all are and how many other errors can be found.

[unicorndeva]

Re: Start of my unenforceabilty journey

Each case is different, we cannot tell you what is right for you. we can let you know what we have done ( read some of the diarys) all of us have dealt with things in different ways.
if you read mine make yourself a cuppa and somthing to eat, it's a long read.
but it will be up to you what route you wish to take, what ever you decide we will be here to hlp you along
we had a mortgage, hubby retired and we paid it off, so we have 100% equity in our house,
should of sold up and moved abroad, but Mum was taken ill and is now in a home, so things are in limbo. will now have to see who wins the election. as I don't fancy having to sell up if OH has to go in a home, just to pay for his care.

Nightwatch, thanks once again! Have read some of your diary and... wow! The incompitance of these people is astounding... have to give them marks for persistance though!

I've decided this is the right course for us with AAD's help and advice, so over the weekend I'll continue with going self-managed on the DMP and gradually cease payments on accounts that can't provide a valid CCA... will keep you informed!

[nightwatch]

Re: Start of my unenforceabilty journey

Each case is different, we cannot tell you what is right for you. we can let you know what we have done ( read some of the diarys) all of us have dealt with things in different ways.
if you read mine make yourself a cuppa and somthing to eat, it's a long read.
but it will be up to you what route you wish to take, what ever you decide we will be here to hlp you along
we had a mortgage, hubby retired and we paid it off, so we have 100% equity in our house,
should of sold up and moved abroad, but Mum was taken ill and is now in a home, so things are in limbo. will now have to see who wins the election. as I don't fancy having to sell up if OH has to go in a home, just to pay for his care.