Invisible Man's UE diary

[Joanna Connolly Solicitors]

Re: Invisible Man's UE Diary

I received from Mercers a Sec 87 default, along with a demand letter threatening court action etc etc. I therefore replied with a request under the CPR for, amongst other things, a copy of the original executed agreement. I got no reply from Mercers, but did get two from Barclaycard both dated the same. One was a letter enclosing a copy of t&cs; the other was a letter referencing sec 78 of the CCA and my request for a copy of the agreement, in which they state they will send it under separate cover,and also tell me I'm not entitled under CPR to be provided any docs in advance of court action. I then 1. replied rebutting their claim about not providing docs under the CPR, and 2. sent them a SAR (can't remember why, but may have been advice from another forum). They responded with another set of t&cs, old statements etc, no agreement but a promise that "any other details not available will be sent on to you".

I think I follow what you're saying

You've never sent a s.78 CCA Request to Barclays (or anyone else for that matter).

You sent a CPR Request to Mercers even though legal proceedings hadn't been issued (as Barclaycard subsequently pointed out to you).

It seems that Mercers passed your CPR Request to Barclays who replied saying (wrongly) "we've got your s.78 CCA Request" and sent you some random Ts & Cs but also said that they would be sending you the rest manana - but never did.

You then sent Barclays a SAR and got back some paperwork but no credit agreement was included.

So when the time is right send a s.78 CCA Request to Cabot.

Di

[InvisibleMan]

Re: Invisible Man's UE Diary

I think I follow what you're saying

You've never sent a s.78 CCA Request to Barclays (or anyone else for that matter).

You sent a CPR Request to Mercers even though legal proceedings hadn't been issued (as Barclaycard subsequently pointed out to you).

It seems that Mercers passed your CPR Request to Barclays who replied saying (wrongly) "we've got your s.78 CCA Request" and sent you some random Ts & Cs but also said that they would be sending you the rest manana - but never did.

You then sent Barclays a SAR and got back some paperwork but no credit agreement was included.

So when the time is right send a s.78 CCA Request to Cabot.

Di

Thanks Di, yes, you've summarised it perfectly - better than I managed to . I'll send a s.78 as you suggest.

[InvisibleMan]

Re: Invisible Man's UE diary

Hope you don't mind me poking my nose in on your thread Invisible, I'm just a few months ahead of you with this "journey" and with similar figures. Also like you I will also have the problem of whether or not to make a new address known in the not too distant future. Myself I think I will want to make my new address easily available on the basis that any sneaky CCJ obtained by posting documents to a previous address would then cause the creditor to be on the back foot when challenged. Assuming I found out about it of course - there is a website where you can check for CCJ's, although only after the event I think.

As I've learned from advice here, there seems little point in not giving current address, as it could prejudice a DJ against you in any proceedings (looks like you're avoiding the creditor), and as you say, result in a default judgement. The only reason I did it was following years of hassle from DCAs, it was just a relief to know they weren't going to ring/pitch up on your doorstep - not just for me but also family members, who are also affected by the debt in so many ways. With RM re-direction, my previous address simply became a correspondence address. I'm now making all creditors aware of my current address. All the best with your journey

[InvisibleMan]

Re: Invisible Man's UE diary

HBOS

Credit card
Date commenced: 2002
Balance approx: £4,000
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


2011
?? account assigned to Activ Kapital No notice of assignment ever received
2014
November letter received saying Activ Kapital has changed name to PRA Group
2015
January letter received saying account assigned to PRA No notice of assignment received?
2017
January Stopped payments
May letter received demanding payment Ignored
June letter before claim received from PRA investigation & litigation dept. Letter demands response within x days or court proceedings will be issued Need to respond - shall I send the letter to Niddy?
June CCA & LBA request letters sent
June Letter from PRA in response to CCA request stating account on hold
June Letter from PRA asking me to complete and return income & expenditure form

Updated actions above. Should I ignore the request for the I&E form?

[InvisibleMan]

Re: Invisible Man's UE diary

BARCLAYS

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

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
June Letter from PRA stating account on hold Ignored
June SAR sent to Barclays

Update above

[InvisibleMan]

Re: Invisible Man's UE diary

NORTHERN ROCK

Unsecured loan
Date commenced: 2006
Approx balance: £12,000
Date last paid: early 2017
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
Junes77-79 request to Cabot

Update above

[cymruambyth]

Re: Invisible Man's UE diary

Updated actions above. Should I ignore the request for the I&E form?

I would ignore as they have said that the account is on hold.

[InvisibleMan]

Re: Invisible Man's UE diary

I would ignore as they have said that the account is on hold.

Thanks cymruambyth, I was thinking the same

[MisterK]

Re: Invisible Man's UE diary

Re the HBOS - completing an I/E form would be in their interest but not yours. Only a court can demand that you do that and you are nowhere near that stage. This is a 2002 commencement and much more likely to be UE than otherwise - meaning that with the help available here then court becomes very unlikely. That's my take from what I've learned from these guys & gals - but happy to be corrected as ever.

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

Sorry to be pedantic but could you include the date (as well as the month) in your posts. Some decisions depend on the number of days which have passed since a letter was sent or received (e.g. 14 days CCA Request or 40 days SAR Request)

It's good to be tidy.

It also helps if/when you get a claim because the precise dates need to be included in any Defence or Witness Statement. Let's hope that will never be needed,

And to end on a cheerful note, it will also help you to calculate your Statute Barred date which is what we all aim for.

Di

[InvisibleMan]

Re: Invisible Man's UE diary

Sorry to be pedantic but could you include the date (as well as the month) in your posts. Some decisions depend on the number of days which have passed since a letter was sent or received (e.g. 14 days CCA Request or 40 days SAR Request)

It's good to be tidy.

It also helps if/when you get a claim because the precise dates need to be included in any Defence or Witness Statement. Let's hope that will never be needed,

And to end on a cheerful note, it will also help you to calculate your Statute Barred date which is what we all aim for.

Di

Just wary of not giving away too much information to identify me, I'm aware anyone can read these threads. I'll add the dates now.

[MisterK]

Re: Invisible Man's UE diary

For exactly the same reason I don't give exact dates either. I have all the info pretty much instantly available in a physical file in the event that exact dates are required at any point. You can always send a PM to the "crew" I would have thought if an exact date is important as it obviously is sometimes. DCAs might well be sending large numbers of the same letter per day, but that's an assumption that may be wrong in a particular case. We do know they monitor the threads, I'm sure Niddy has pointed that out just recently, so providing a date might be the missing piece that enables them to link your thread with yourself - if they wanted to do that. Whether that matters or not depends on the individual case but not knowing what's in the future I wouldn't facilitate it if I didn't have to. Just my tuppence worth.

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

For exactly the same reason I don't give exact dates either. I have all the info pretty much instantly available in a physical file in the event that exact dates are required at any point. You can always send a PM to the "crew" I would have thought if an exact date is important as it obviously is sometimes. DCAs might well be sending large numbers of the same letter per day, but that's an assumption that may be wrong in a particular case. We do know they monitor the threads, I'm sure Niddy has pointed that out just recently, so providing a date might be the missing piece that enables them to link your thread with yourself - if they wanted to do that. Whether that matters or not depends on the individual case but not knowing what's in the future I wouldn't facilitate it if I didn't have to.

There's no need for anyone to be alarmed about potential security issues.

This forum has an army of Moderators and a Site Team who monitor all posts. If anything was deemed a risk to a member's identity it would be edited or deleted in a nanosecond

AAD+ exists to allow more sensitive and/or legal issues to be discussed in private.

Accurate advice can't be given without the facts and dates are an important part of the process. Withholding information but offering to send it by PM may seem a good idea (albeit time consuming to the "crew" who are all volunteers) but the forum is a community where experiences are shared (unless there's a need for secrecy) because that's how members and guests learn the ropes of 'unenforceability'.

If legal proceedings are in progress then that's a different matter.

The forum has been up and running for seven years and no one's identity has been revealed/discovered yet - touch wood!

Di

[InvisibleMan]

Re: Invisible Man's UE diary

HBOS

Credit card
Date commenced: 2002
Balance approx: £4,000
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


2011
?? account assigned to Activ Kapital No notice of assignment ever received
2014
November letter received saying Activ Kapital has changed name to PRA Group
2015
January letter received saying account assigned to PRA No notice of assignment received?
2017
January Stopped payments
May letter received demanding payment Ignored
June letter before claim received from PRA investigation & litigation dept. Letter demands response within x days or court proceedings will be issued Need to respond - shall I send the letter to Niddy?
June CCA & LBA request letters sent
June Letter from PRA in response to CCA request stating account on hold
June Letter from PRA asking me to complete and return income & expenditure form

Lol, just found a load of docs re this account that I wasn't aware of, including s.87 notice and SAR responses. Sorting it out and will amend diary....

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

Just wary of not giving away too much information to identify me, I'm aware anyone can read these threads.

See my post # 58 for reassurance

Di