Start of my unenforceabilty journey

[unicorndeva]

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.

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by RBS Mint, managed by Wescot
Credit card
Unsure of start date
£2200
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA requested in Feb Wescot wrote back asking us to write to original creditor. New CCA request sent 15/5/2017

07/06/17 Agreement received. Sent to Niddy for checking.

12/06/17 Sadly, Niddy says it's enforceable

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Link, original creditor MBNA
Credit card
1994
£2450
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

15/05/2017 CCA returned and checked by Niddy as UE

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by PRA Group, original creditor, Egg
Credit cards
Unsure of start date
££5700
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

31/05/17 Letter from PRA Group saying they are still awaiting the requested documentation and the account is on hold until they receive it.

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by PRA Group, original creditor, Egg
Credit card
Unsure of start date
£5900
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA request sent Feb 2017

31/05/17 Letter from PRA Group saying they are still awaiting the requested documentation and the account is on hold until they receive it.

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by PRA Group original creditor, Egg
Credit card
Unsure of start date
£6100
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA request Feb 2017

Letter from PRA group saying they're still awaiting requested info and the account is on hold until they receive it.
10/06/17 Letter from PRA group enclosing a credit agreement from Barclaycard/Egg which is actually just the T's and C's (no copy agreement attached) and it is also for the incorrect person - same name as my OH but a completely different address in a town that neither of us have ever visited let alone lived in. PRA group have deemed it unenforceable until further info is received... do I just file away?

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Link originally MBNA
Credit card
Started 2006
£7900 outstanding
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA returned and checked by Niddy - UE
Owned by Link

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Cabot original creditor NRAM
Bank Loan
Commenced 2005
£13400 outstanding
Last full payments were in 2010/11
Being paid on a DMP
Defaulted

CCA request Feb 2017
Letter from Cabot saying 'Northern Rock are unlikely to be able to provide the requested documentation. Therefore, I can confirm that Cabot have taken the decision to no longer pursue collection on this account. However the debt still remains.'
Does this mean they will sell it on and if so what do I do?

[unicorndeva]

Re: Start of my unenforceabilty journey

So here goes with all of our debts:

Owned by Natwest, managed by Wescot
Bank loan and overdraft (combined by creditor for the DMP)
Loan commenced in July 2007, overdraft bank account commenced in the 1980's
£18800 outstanding
Last full payment in 2010/11
Being paid on a DMP
Defaulted


CCA request sent end of Feb 2017. Wescot wrote back advising us to request it from Natwest direct.
New CCA request sent 15th May 2017

[cymruambyth]

Re: Start of my unenforceabilty journey

Statute barred is from the date you last acknowledge the debt either by payment or communication. All our template letters are written so that the debt in not acknowledged.

[unicorndeva]

Re: Start of my unenforceabilty journey

If only you'd found us back when you stopped making full payments your debts would be SB (or very close to it) by now

Only you and your OH can decide what to do but if it were me I'd stop any payments to them.

I know what your saying but hey ho, I've found you now and maybe in 6 years time all the debts will be statute barred!!!
On that note, does the 6 years start from the last time I contact them? I'm not sure how it all works.

[Pixie]

Re: Start of my unenforceabilty journey

If only you'd found us back when you stopped making full payments your debts would be SB (or very close to it) by now

Only you and your OH can decide what to do but if it were me I'd stop any payments to them.

[Still Waving]

Re: Start of my unenforceabilty journey

I think they've
all said they would waive the £1

Keep any letter which acknowledges that they received your payment, whether or not they waive the fee.

[unicorndeva]

Re: Start of my unenforceabilty journey

If you sent the £1, and you have a letter from them which confirms that they had it, then it doesn't matter if they return the cheque, they are still bound to act on your request.

I am assuming that they have said they will, despite not taking your payment ??

I think they've
all said they would waive the £1

[Still Waving]

Re: Start of my unenforceabilty journey

I sent cheques for £1 with each of the requests but most of them have said they won't take the £1 as a gesture of goodwill. Does it still stand as legally compliant even if they haven't taken the £1?

If you sent the £1, and you have a letter from them which confirms that they had it, then it doesn't matter if they return the cheque, they are still bound to act on your request.

I am assuming that they have said they will, despite not taking your payment ??