Invisible Man's UE diary

[Joanna Connolly Solicitors]

Re: Invisible Man's UE Diary

I have no record nor recollection of sending a CCA request although one of the letters sent to me in Jan 2010 appears to be a response to a Sec78 request. I just don't have a copy of any letter I may have sent to them. In their letter they acknowledged they must supply me with a copy of the executed agreement, and stated it would be sent under separate cover. However after that they never sent it. All they sent was most recent T&Cs. Shortly after I sent them a SAR, but again, no copy of the agreement was included.

If you previously sent them a SAR was your CCA Request and their reply included in the response? Have you kept their reply letter or are you working from memory?

You've got a new SAR Request in the pipeline so maybe wait until you get that to check before sending a new CCA Request to Cabot. It should be showing in the Transaction Log even if your original letter (CCA Request) wasn't scanned and saved.

Credit agreements can be reconstituted from information held on the original creditor's database as long as it's 'honest and accurate' so don't get overly excited if the actual scanned copy doesn't exist.

And while you're getting everything sorted it may make sense to send a SAR to your DMP provider because sometimes creditors send statutory notices to them because they're acting as your agent.

Since you were in your DMP for 8 years some of those debts may have changed hands and the Notice of Assignment may have been sent to them (DMP). They're not supposed to do that but DJs can be biased against perceived "debt avoiders" so it's best not to give them any opportunity to argue the toss.

Di

[InvisibleMan]

Re: Invisible Man's UE diary

NORTHERN ROCK

Unsecured loan
Date commenced: 2006
Approx balance: £12,000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2011
Account owner: Cabot

Key:
Red text = creditor action
blue text = my action
green text = comment

2009
April DMP started
2010
Oct Letter from Northern Rock stating loan now managed by NRAM
2011
Sept Sec 87 default notice from NRAM, even though the DMP has been up and running for over 2 years and no payments missed
Oct Letter from NRAM to say loan sold to Marlin
Oct NoA received from Marlin
2015
Feb Letter from Marlin advising they are now part of Cabot
2017
Apr Chase letter from Cabot ignored
May Chase letter from Cabot ignored
June 16th s77-79 request to Cabot
June 22ndChase letter from Cabot. Ignored

[InvisibleMan]

Re: Invisible Man's UE Diary

Unless I've misunderstood what you've posted you've no record of sending a CCA Request to anyone for this debt.

If that's the case then send one to Cabot.

It may be a small debt but you might as well future-proof yourself against the faff of dealing with a court claim if/when it happens. The CCA Request costs nothing except the price of a 1st Class Stamp and the additional charge for Royal Mail Recorded Delivery plus a £1 postal order.

You have sent (or are about to send) a SAR to Barclays so that'll be useful.

I note that that you say your DN was issued/served by Mercers not Barclaycard.

Di

I have no record nor recollection of sending a CCA request although one of the letters sent to me in Jan 2010 appears to be a response to a Sec78 request. I just don't have a copy of any letter I may have sent to them. In their letter they acknowledged they must supply me with a copy of the executed agreement, and stated it would be sent under separate cover. However after that they never sent it. All they sent was most recent T&Cs. Shortly after I sent them a SAR, but again, no copy of the agreement was included. I don't possess a copy of the agreement and don't recall ever seeing one.

Both default notices I received came from Mercers "acting as agents for Barclays Bank plc"

Thanks for the advice Di.

[Joanna Connolly Solicitors]

Re: Invisible Man's UE Diary

BARCLAYCARD

Credit card
Date commenced: 2005
Approx balance: £200
Date last paid: early 2017
Currently not paying
Status in arrears, defaulted twice in 2009/10
Account owner: Cabot

This is the smallest debt, but strangely the only one still showing on my credit file, as it was registered by Cabot in 2011 (can they do that?) so will fall off in a few months anyway. Barclaycard was never able to produce an agreement of any description. I can't recall applying for it, but I was a Barclays customer and had already had another Barclaycard since the 1990s, at one point having both at the same time.

Key:
Red text = creditor action
blue text = my action
green text = comment

2009
April 1. DMP offer made. (Barclaycard accept the DMP payments every month until Nov 2011, before selling to Cabot)
October 5^th 2. Sec 87 default notice from Mercers, accompanied by threat of court action
2010
Jan 7^th 3. Send letter to Mercers requesting documentation under the CPR
Jan 11^th 4. Demand letter from Calder Financial
Jan 22^nd 5. Barclaycard reply to 3. above, and state they will “send credit agreement under separate cover”. This has never been sent.
Jan 22^nd 6. Barclaycard also send separately a copy of up to date T&Cs
Feb 3^rd 7. SAR letter sent to Barclaycard
Mar 9th 8. Response from Barclaycard to SAR. Includes old statements, letters etc, but no agreement
Mar 11^th 10. 2^nd Sec 87 default notice from Mercers
2011
Nov 11. Letter from Barclaycard informing me they have sold the account to Cabot
Dec 12. Letter from Cabot referencing transfer of the account
2017
May 13. Notice of arrears from Cabot

What should be the next step, a CCA request to Cabot?

Unless I've misunderstood what you've posted you've no record of sending a CCA Request to anyone for this debt.

If that's the case then send one to Cabot.

It may be a small debt but you might as well future-proof yourself against the faff of dealing with a court claim if/when it happens. The CCA Request costs nothing except the price of a 1st Class Stamp and the additional charge for Royal Mail Recorded Delivery plus a £1 postal order.

You have sent (or are about to send) a SAR to Barclays so that'll be useful.

I note that that you say your DN was issued/served by Mercers not Barclaycard.

Di

[InvisibleMan]

Invisible Man's UE Diary

BARCLAYCARD

Credit card
Date commenced: 2005
Approx balance: £200
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted twice in 2009/10
Account owner: Cabot

This is the smallest debt, but strangely the only one still showing on my credit file, as it was registered by Cabot in 2011 (can they do that?) so will fall off in a few months anyway. Barclaycard was never able to produce an agreement of any description. I can't recall applying for it, but I was a Barclays customer and had already had another Barclaycard since the 1990s, at one point having both at the same time.

Key:
Red text = creditor action
blue text = my action
green text = comment

2009
April 1. DMP offer made. (Barclaycard accept the DMP payments every month until Nov 2011, before selling to Cabot)
October 2. Sec 87 default notice from Mercers, accompanied by threat of court action
2010
Jan 7^th 3. Send letter to Mercers requesting documentation under the CPR
Jan 11^th 4. Demand letter from Calder Financial
Jan 22^nd 5. Barclaycard reply to 3. above, and state they will “send credit agreement under separate cover”. This has never been sent.
Jan 22^nd 6. Barclaycard also send separately a copy of up to date T&Cs
Feb 3^rd 7. SAR letter sent to Barclaycard
Mar 9th 8. Response from Barclaycard to SAR. Includes old statements, letters etc, but no agreement
Mar 11^th 10. 2^nd Sec 87 default notice from Mercers
2011
Nov 11. Letter from Barclaycard informing me they have sold the account to Cabot
Dec 12. Letter from Cabot referencing transfer of the account
2017
May 13. Notice of arrears from Cabot
June 11. Notice of arrears from Cabot
June 20 s.77-79 request sent to Cabot

[InvisibleMan]

Re: Invisible Man's UE diary

Not really - I've only just realised that the Barclays SAR link times-out if you don't interact with it quick enough. You'll have to Google it again.

Di

It was helpful, really, because I hadn't realised there was the online facility. I sussed the time out and found it quickly

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

Thank you Di, that's very helpful

Not really - I've only just realised that the Barclays SAR link times-out if you don't interact with it quick enough. You'll have to Google it again.

Di

[InvisibleMan]

Re: Invisible Man's UE diary

MBNA

Credit card
Date commenced: 2001
Balance approx: £11,000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: Hillesden Securities aka Direct Legal & Collections

Key:
Red text = creditor action
blue text = my action
green text = comment

2009
April 1. DMP offer made. (NB MBNA accept DMP payments every month until June 2011)
June 2. Letter from MBNA rejecting DMP offer!
Sept 9th 3. Demand letter from MBNA
Sept 25th 4. CCA request sent to MBNA
Oct 8th 5. MBNA reply to 4. above, with copy of agreement & separate T&Cs
Oct 9th 6. MBNA send sec 87 default notice
Oct 19th 7. MBNA send letter informing me they have sold the account to “Direct Legal (Dtl)”
Oct 26th 8. Letter from Direct Legal & Collections (dlc) that the account has been sold to “Hillesden, trading as Direct Legal & Collections (dlc)”
Nov 9th 9. Demand letter from dlc
Nov 14th 10. "Account in Dispute" Letter sent to MBNA, challenging the enforceability of the improperly executed agreement sent at 5. above
Nov 19th 11. “Notice of debt recovery” from dlc on behalf of Hillesden
Nov 24th 12. Letter from Hillesden in response to 10. above, admitting they cannot produce a copy of the agreement
Dec 16th 13. Letter from MBNA in response to 10. above, stating my objections “are not well founded” and "unacceptable"
2010
Jan 7th 14. Letter sent to Hillesden in response to 11. above, requesting all relevant documentation under the CPR
Jan 28th 15. A 2nd Sec 87 default notice received, from dlc “on behalf of Hillesden”
Feb 10th 16. Letter from Hillesden in response to 14. above, stating they are waiting for a copy of the original default notice from MBNA. They also enclose a “copy” of the agreement, but it is different to 5. above, as the T&Cs have an additional paragraph not in the earlier copy sent to me
Feb 19th 17. Letter from Hillesden quoting McGuffick v RBS, and admitting they “may not be able to enforce the agreement until the documentation is provided”, but will continue collection action anyway
May 19th 18. Letter from Hillesden stating that enclosed is a copy of the original default notice from MBNA, and that they will continue collection action. However there is no copy of default enclosed.
Throughout all the above, and continuing until June 2011 when the DMP started paying Hillesden, MBNA happily received DMP payments, even though they claim to have sold the account in 2009.
2016
March Letter from dlc informing me that the account has been bought by "ME 111 Limited", and stating that ME 111 Limited and Hillesden Securities are both part of the "Cabot Credit Management Group". Also says "although ME 11 Limited are the legal and beneficial owners of your account, you should continue to communicate with, and make payments, to your current service provider" - not sure if that refers to dlc or Hillesden?
2017
June 15th Letter from dlc providing statement of account for the last 6 years. States creditor name as MBNA
June Agreement sent to Niddy for checking

June 25thNiddy says the agreement is fairly illegible, and as it stands Advised to send illegibility template if they pursue it.

Update: I've just found a letter in my files, dated March 2016, from dlc (I've now inserted it into the timeline above), informing me that "ME 111 Limited" bought the account from Hillesden, and that they are both part of the "Cabot Credit Management Group". Should I send anything off to any of them, or sit tight for now?
July 5thLetter received from Cabot Financial Europe stating that Cabot Credit Management Group owns the account. (Doesn't mention assignment so I read it as already owns...) and goes on to say the account has been transferred from dlc to Cabot Financial, "in order to continue providing you with the best possible service"

[InvisibleMan]

Re: Invisible Man's UE diary

Thank you Di, that's very helpful

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

I will send off the SAR. Do I need to address it to anyone in particular at Barclays, e.g. data controller?

You can start the Barclays' SAR process online here > https://www.apply.barclays.co.uk/for...execution=e1s1

Di

[InvisibleMan]

Re: Invisible Man's UE diary

Since this is a £20k loan I wouldn't expect PRA to give up without a fight so now would be a good time to send a SAR to Barclays to see what information they hold about you.

There's a template here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Do you have any other debts which were owned by Barclays originally because one SAR will cover them all.

Di

Yes I also have a Barclays current account in default from the same period, for which I get letters from CDCS, and also a Barclaycard which has been bought by Cabot. I will send off the SAR. Do I need to address it to anyone in particular at Barclays, e.g. data controller?

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

BARCLAYS

Loan
Date commenced: 2008
Balance approx: £20,000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: PRA

"Pre-approved" online loan given when I was a Barclays customer

2016
account assigned to PRA. Letter received from Barclays informing change of ownership
2017
January Stopped payments
May chase letter received offering discount Ignored
June sec.77-79 CCA request sent

Since this is a £20k loan I wouldn't expect PRA to give up without a fight so now would be a good time to send a SAR to Barclays to see what information they hold about you.

There's a template here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Do you have any other debts which were owned by Barclays originally because one SAR will cover them all.

Di

[InvisibleMan]

Re: Invisible Man's UE diary

BARCLAYS (LOAN)

Unsecured loan
Date commenced: 2008
Balance approx: £20,000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: PRA

Key:
Red text = creditor action
blue text = my action
green text = comment

"Pre-approved" online loan given when I was a Barclays customer

2009
July s.87 Default Notice served by Barclays
2016
account assigned to PRA. Letter received from Barclays informing change of ownership
2017
January Stopped payments
May chase letter received offering discount Ignored
June 8th sec.77-79 CCA request sent
June 14th Letter from PRA stating account on hold Ignored
June 16th SAR sent to Barclays
June 30th Letter from Barclays re the SAR, asking me to nominate a branch for them to despatch the SAR docs to, and that I will need to provide ID (passport, driving licence etc) in order to collect them. Apparently this is because I have changed address. Why can't they just post them to me?

[InvisibleMan]

Re: Invisible Man's UE diary

If it was a Barclays loan then send PRA a s. 77-79 CCA Request pronto.

Loans fall under section 77 but PRA may not know about the debt's origin (they buy a name/number/balance outstanding etc) so don't make it easy for them (which is why I said put s.77-79 on your request letter).

Any chance there was PPI on the loan account (or any of your other accounts)?

Di

Thanks Di, that's useful advice, I will send straightaway.

Re PPI, unfortunately I was too smart (ironic grimace ) to ever fall for PPI and can't recall ever having it on any account. Having said that, with the older accounts I may have just forgotten I had it/not realised

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

The OC was Barclays (loan). I don't recall ever sending a CCA request for this one.

If it was a Barclays loan then send PRA a s. 77-79 CCA Request pronto.

Loans fall under section 77 but PRA may not know about the debt's origin (they buy a name/number/balance outstanding etc) so don't make it easy for them (which is why I said put s.77-79 on your request letter).

Any chance there was PPI on the loan account (or any of your other accounts)?

Di