Swanfan's UE diary

[Deepie]

Re: Swanfan's UE diary

So.... After a long silence on all cards, PRA Group have requested payment. I sent the statute barred template, it is definitely sb. They replied saying 'It isn't', now they are threatening with court action or doorstep visit. Do I leave it for now or should I send something?

Being SB doesn't stop them asking you to repay. They just can't enforce it ......

[Never-In-Doubt]

Re: Swanfan's UE diary

Being SB doesn't stop them asking you to repay. They just can't enforce it ......

Im sure I wrote those same words elsewhere at like silly o'clock

Swanny, when did you last pay? When did they issue a DN?

The thing is PRA don't acknowledge SB correctly and we've got a couple of cases in court against them to resolve this issue. basically, they argue they can issue a DN at any point, that's a new cause of action which resets SB clock. Obviously that's taking the piss - the Act was never designed to allow a creditor to prolong SB indefinitely.

We argue the Cause of Action occurs at the first possible point that the creditor is entitled to terminate which is approximately a month after your first missed payment.

[PlanB]

Re: Swanfan's UE diary

PRA Group have requested payment. I sent the statute barred template, it is definitely sb. They replied saying 'It isn't', now they are threatening with court action

Is the threat a formal Letter Before Action with a deadline?

You say your last payment was in August 2009 (what date?). In theory that should have made it SB last month depending on whether it was a contractual payment or a DMP/ATP payment.

What date did you send the SB letter?

As Niddy has asked, what was the date of the DN? It may not be relevant but it's good for us to know since PRA like to issue claims and you've described this £12k debt as enforceable.

Plan B x

[Deepie]

Re: Swanfan's UE diary

Im sure I wrote those same words elsewhere at like silly o'clock

.

Maybe ......

[swanfan]

Re: Swanfan's UE diary

Swanny, when did you last pay? When did they issue a DN?

Last payment 26 August 2009, Default notice issued 11 January 2010

[Never-In-Doubt]

Re: Swanfan's UE diary

Then it *should* be imminently SB. Sit tight is best bet

For clarity the DN seems ok time wise but is it a CoA? That's what we're arguing. If it's proven it is, then this would be SB +6yrs from date of DN expiry.

[swanfan]

Re: Swanfan's UE diary

MBNA

Last payment- Aug 2009
Status- Defaulted
Balance- £12,785

CCA request to Experto-15/02/10
CCA reminder to Experto-13/03/10
CCA sect 10 to Experto-14/04/10
CCA query to Experto-26/04/10
Harassment by Phone ToLAT to Experto- 03/09/10
Threat by lender & Refusal doorstep visitto CMC- 18/05/11
Threat by lender TCL to CMC- 7/06/11
Threatogram LBA to CMC- 12/07/11
Enough is enough to Fairfax- 27/10/11
Account sold wid to Aktiv Kapital- 17/03/12
CCA Query Missing PTs to Aktiv Kapital- 28/07/12

Another letter from PRA Group re above account, 'We're dissappointed at no response, your account will be sent to Credit Security Ltd. However we're offering a final settlement of £2557.05 by 16-12-15. We will ask CSL to contact you if we hear nothing'

Let me think about this over a Stella or 2...

[nanna58]

Re: Swanfan's UE diary

Hi swanny xx

[swanfan]

Re: Swanfan's UE diary

Another letter from PRA Group re above account, 'We're dissappointed at no response, your account will be sent to Credit Security Ltd. However we're offering a final settlement of £2557.05 by 16-12-15. We will ask CSL to contact you if we hear nothing'

So.... Since the above letter I've heard nothing from PRA, or from any of the other cards.

4 of them are now SB and 3 defaults have dropped off my credit file, just 1 to go for SB...

Thanks Niddy and team!

[PlanB]

Re: Swanfan's UE diary

Since the above letter I've heard nothing from PRA

Am I right in thinking that this PRA (ex MBNA) debt was deemed by Niddy according to your post # 232?

That post also says that your last payment was August 2009 so with any luck this debt should have become SB last September or January 2016 if PRA rely on the DN as the Cause of Action.

Plan B x

[Oct Revolution]

Re: Swanfan's UE diary

So.... Since the above letter I've heard nothing from PRA, or from any of the other cards.

4 of them are now SB and 3 defaults have dropped off my credit file, just 1 to go for SB...

Thanks Niddy and team!

Hi,

Similar to a letter I rec'd too. My acc is ex-MBNA and deemed enforceable by Niddy and should be SB by the end of this year.

[Never-In-Doubt]

Re: Swanfan's UE diary

I've just replied actually - pay attention to the bold part below

Things can, and do change / get lost in translation - since 2012 a lot has occurred and we utilise different parts of the CCA to fight back so if they do get heavy to the point you know they're going to issue, then send for a new CCA (albeit not yet or without checking / pm me if and when you get twitchy).

The way we check things now, I would be extremely shocked if this was enforceable as things stand today - Jo works totally different and being she is the expert with regards to Recon's - she finds a lot of old EN agreements now UE which is bloody brilliant.

So don't stress - just don't let them issue a claim without requesting a new CCA.

[swanfan]

Re: Swanfan's UE diary

MBNA

Last payment- Aug 2009
Status- Defaulted
Balance- £12,785

CCA request to Experto-15/02/10
CCA reminder to Experto-13/03/10
CCA sect 10 to Experto-14/04/10
CCA query to Experto-26/04/10
Harassment by Phone ToLAT to Experto- 03/09/10
Threat by lender & Refusal doorstep visitto CMC- 18/05/11
Threat by lender TCL to CMC- 7/06/11
Threatogram LBA to CMC- 12/07/11
Enough is enough to Fairfax- 27/10/11
Account sold wid to Aktiv Kapital- 17/03/12
CCA Query Missing PTs to Aktiv Kapital- 28/07/12

Another letter from PRA stating that they will pursue the account themselves and not pass it on to CSL, and they have withdrawn their discount offer. As it is SB I won't bother replying to them!

[swanfan]

Re: Swanfan's UE diary

MINT

Last payment- Jul 2010
Status- Defaulted
Balance- £4662

CCA request to Mint- 23/08/10
CCA app form to Mint- 24/09/10
Threat of doorstep visit to Resolvecall- 19/11/10
Threat to commence litigation to Triton- 26/01/11
Threat of doorstep visit to Tiriton- 18/03/11
Threatogram lba to Triton- 26/03/11
Threat to commence litigation to Green- 10/05/11
Threat to commence litigation to RMA- 12/07/11
Final response UE (general) to RMA- 21/07/11
Threatogram lba to Moorcroft- 9/12/11
CCA Query- Letter confirm no CCA to Moorcroft- 21/12/11
Final response UE(cca recd) to Moorcroft- 17/03/12
Account sold wid to Westcot- 28/07/12
Creditor refusal to accept UE to Westcot- 23/08/12
Niddy letter #218 to Nelson Guest- 02/10/12

So, after nothing from RBS for a few years they have written to say the account has been sold to Cabot, letter from them in the same envelope. As this is close to SB I think I'll wait, unless anyone has a better idea?!

[MrsD]

Re: Swanfan's UE diary

I would just wait Swanny see what comes next