DNW's UE Diary

[nanna58]

Might be an idea to quickly drop Niddy aline just to check after all Cabot will try anything , BTW have a nice. day .xx

[DNW]

Thanks Nanna, I know how inundated he gets so I don't like to bother Niddy with something that feels less than urgent at the mo I'll sit tight for now and carry on as before until anything changes.

[DNW]

Deleted.

[SpagBol.]

Hi DNW! I've read a bit and it does look like we found ourselves in similar circumstances! I'll have a deeper read over time, I've subscribed too.

[DNW]

Re: DNW's UE Diary

Barclay Loan

Name - Barclays
Type of account - Loan
Date commenced - July 2009
Approx balance - £15,000
Date last paid - Mar-11 
Arrangement/not paying - Token Payment
Status - Default 
Account owner - DCA (CDCS)

Key:
Them
Me
Other


Activity

1. 05/04/2011 DD Cancelled letter received
2. 11/05/2011 Missed payment letter received
3. 04/06/2011 Two missed payments letter received
4. 15/06/2011 Default notice received
5. 15/06/2011 Refused to accept £1/month offer, debt to be passed to Recovery Dept.
6. 05/07/2011 Arrears notice
7. 23/07/2011 CDCS letter - account has now transferred to them and all comms to be directed to CDCS
8. 01/08/2011 My letter - no change in circumstances, don't phone, don't visit sent to CDCS
9. 17/08/2011 CCA Request sent
10. UPDATE 03/09/11 CCA received and sent to Niddy
11. 03/09/11
12. 10/12/11 - Arrears Notice received
13. 11/10/12 - Arrears Notice received
14. 08/03/13 - Arrears Notice received
15. 01/07/13 - Statement received
16. 12/08/13 - Arrears Notice received
17. 09/01/14 - Arrears Notice received
18. 07/06/14 - Arrears Notice received
19. 01/07/14 - Annual statement received
20. 08/08/14 - Please contact us to arrange further/higher payment (filed)
21. 2014-2019 - Only arrears notices and statements received
22. 20/11/19 - Statement received
23. 07/12/19 - NOA - Loan account sold to PRA Group (UK) Limited
24. 07/12/19 - Welcome to PRA Group, carry on making agreed payments but to us now instead of Barclays

Hi all, just a quick question about my Barclays loan account - I've been making only token £1 payments (via standing order) to this account and now that it's finally been sold on to PRA Group, should I just set up a new SO with PRA's details rather than making any contact with them? My intention has always been to offer a settlement at some point, but Barclays (amazingly) didn't hassle - so I didn't offer. The fact that it's been sold makes my position more favourable when it does eventually come to settle, but I'm in no rush to do so.

[Joanna Connolly Solicitors]

question about my Barclays loan account - I've been making only token £1 payments (via standing order) to this account and now that it's finally been sold on to PRA Group . . . . My intention has always been to offer a settlement at some point, but Barclays (amazingly) didn't hassle - so I didn't offer.

Just because Barclays didn't hassle you that doesn't mean PRA won't, since debt purchasers are not known for their patience

So perhaps this is a good moment to establish your current legal position which could have changed since 2011.

I assume that you've been paying this debt because the credit agreement was considered enforceable, but that's not the only thing which makes a debt enforceable in court.

Was the Default Notice compliant with s87(1)and was it issued/served by Mercers in June 2011?

Also debt purchasers don't necessarily have access to documents held by the original creditor once the debt has been assigned. Or in some case the original creditor is unwilling to co-operate if asked for them.

My suggestion is you send a SAR to Barclays to see what data/documents they have now, and see if there are notes of any interaction between them and PRA prior to the assignment noted in the Transaction Log.

Depending on what comes back from Barclays, it may make sense to send a new s77 CCA Request to PRA in case they can't comply. But don't do that just yet.

Di

[DNW]

... I assume that you've been paying this debt because the credit agreement was considered enforceable, but that's not the only thing which makes a debt enforceable in court.

Was the Default Notice compliant with s87(1)and was it issued/served by Mercers in June 2011?

Thanks as always for the reply Di

Correct, Barclays never actually agreed the token payments in writing, but they didn't really push for a review either, but because it was such a 'new' loan at the time and seemingly enforceable, it felt easier to pay £1 for the next 14,000 or so months than to add this to the battles we were having with other debts at that time.

I don't know if the DN was compliant, I've never had it checked as such, but it was issued by Barclays rather than Mercers.

I'm in no particular hurry to communicate with PRA group direct, so I'll cancel my standing order for the token payments made to Barclays, and send them (Barclays) a SAR and see what happens when PRA decide to start getting in touch.

[Joanna Connolly Solicitors]

Thanks as always for the reply Di

I'll cancel my standing order for the token payments made to Barclays, and send them (Barclays) a SAR and see what happens when PRA decide to start getting in touch.

That sounds like a plan

Di

[DNW]

Re: DNW's UE Diary

Barclay Loan

Name - Barclays
Type of account - Loan
Date commenced - July 2009
Approx balance - £15,000
Date last paid - Mar-11 
Arrangement/not paying - Token Payment
Status - Default 
Account owner - DCA (CDCS)

Key:
Them
Me
Other


Activity

1. 05/04/2011 DD Cancelled letter received
2. 11/05/2011 Missed payment letter received
3. 04/06/2011 Two missed payments letter received
4. 15/06/2011 Default notice received from Barlcays
5. 15/06/2011 Refused to accept £1/month offer, debt to be passed to Recovery Dept.
6. 05/07/2011 Arrears notice
7. 23/07/2011 CDCS letter - account has now transferred to them and all comms to be directed to CDCS
8. 01/08/2011 My letter - no change in circumstances, don't phone, don't visit sent to CDCS
9. 17/08/2011 CCA Request sent
10. UPDATE 03/09/11 CCA received and sent to Niddy
11. 03/09/11
12. 10/12/11 - Arrears Notice received
13. 11/10/12 - Arrears Notice received
14. 08/03/13 - Arrears Notice received
15. 01/07/13 - Statement received
16. 12/08/13 - Arrears Notice received
17. 09/01/14 - Arrears Notice received
18. 07/06/14 - Arrears Notice received
19. 01/07/14 - Annual statement received
20. 08/08/14 - Please contact us to arrange further/higher payment (filed)
21. 2014-2019 - Only statements & arrears notices received
22. 20/11/19 - Statement received
23. 22/11/19 - We're going to transfer your account to PRA
24. 07/12/19 - NOA - Loan account sold to PRA Group (UK) Limited
25. 07/12/19 - Welcome to PRA Group, carry on making agreed payments but to us now instead of Barclays
26. 05/02/20 - Sent SAR to Barclays
27. 05/02/20 - Stopped token payments
28. 27/02/20 - Received SAR documents

Update

23/09/20 - Received from PRA - 30 days to contact them else they'll consider my account for 'next stage'.


I've filed this for now as it contained words such as 'consider' and 'may', but sending Di a copy of the letter just in case they get a bit heavier.

[Grassy_K]

Great diary - you've been very well looked after. Next year will be your 10 year anniversary!

From someone who was in a similar position financially - well done and good luck. I've had many dealings with PRA, "firm but fair"...

[DNW]

Re: DNW's UE Diary

Barclay Loan

Name - Barclays
Type of account - Loan
Date commenced - July 2009
Approx balance - £15,000
Date last paid - Mar-11 
Arrangement/not paying - Token Payment
Status - Default 
Account owner - DCA (CDCS)

Key:
Them
Me
Other


Activity

1. 05/04/2011 DD Cancelled letter received
2. 11/05/2011 Missed payment letter received
3. 04/06/2011 Two missed payments letter received
4. 15/06/2011 Default notice received from Barlcays
5. 15/06/2011 Refused to accept £1/month offer, debt to be passed to Recovery Dept.
6. 05/07/2011 Arrears notice
7. 23/07/2011 CDCS letter - account has now transferred to them and all comms to be directed to CDCS
8. 01/08/2011 My letter - no change in circumstances, don't phone, don't visit sent to CDCS
9. 17/08/2011 CCA Request sent
10. UPDATE 03/09/11 CCA received and sent to Niddy
11. 03/09/11
12. 10/12/11 - Arrears Notice received
13. 11/10/12 - Arrears Notice received
14. 08/03/13 - Arrears Notice received
15. 01/07/13 - Statement received
16. 12/08/13 - Arrears Notice received
17. 09/01/14 - Arrears Notice received
18. 07/06/14 - Arrears Notice received
19. 01/07/14 - Annual statement received
20. 08/08/14 - Please contact us to arrange further/higher payment (filed)
21. 2014-2019 - Only statements & arrears notices received
22. 20/11/19 - Statement received
23. 22/11/19 - We're going to transfer your account to PRA
24. 07/12/19 - NOA - Loan account sold to PRA Group (UK) Limited
25. 07/12/19 - Welcome to PRA Group, carry on making agreed payments but to us now instead of Barclays
26. 05/02/20 - Sent SAR to Barclays
27. 05/02/20 - Stopped token payments
28. 27/02/20 - Received SAR documents
29. 23/09/20 - Received from PRA - 30 days to contact them else they'll consider my account for 'next stage'.
30. 24/10/20 - Received from PRA - Letter before claim

Update

24/10/20 - Received from PRA - Letter before claim

I've been corresponding a little with Di about this one, so will pop her an email to update her, as well as my diary post.

[Joanna Connolly Solicitors]

Update

24/10/20 - Received from PRA - Letter before claim

I've been corresponding a little with Di about this one, so will pop her an email

I've received your email and replied so we can correspond a little bit more now

Di

[DNW]

Re: DNW's UE Diary

Santander

Name - Santander
Type of account - Credit Card
Date commenced - Jan 2007
Approx balance - £1,510
Date last paid - Mar-11 
Arrangement/not paying - Not paying
Status - In Arrears (DN Rec'd) 
Account owner - Lender

Key:
Them
Me
Other

Activity

1. 18/04/11 Rec'd I&E, no supporting docs received so refuse to accept.
2. 19/04/11 Missed payment notice
3. 03/05/11 Missed payment notice
4. 10/05/11 Letter - do not use card due to arrears
5. 13/05/11 Arrears notice
6. 16/05/11 Account overdue letter
7. 30/05/11 Account overdue letter
8. 18/06/11 Account in arrears - do not ignore letter
9. 18/06/11 Letter - pls phone us urgently
10. 28/06/11 Default Notice to be issued in due course
11. 12/07/11 Notice of arrears
12. 14/07/11 Debt passed to Viking Collections - all correspondance to go to Viking in future
13. 24/07/11 My letter - request interest freeze and no change in circumstances - sent to Santander & Viking
14. 28/07/11 Viking - request payment in full to avoid further action
15. 28/07/11 Standard default notice received
16. 28/07/11 Accept £1/month for 6 months
17. 29/07/11 Confirming default notice served
18. 03/08/11 Santander acknowledge complaint re interest, and refunded charges from June and July
19. 17/08/11 CCA Request sent
20. 19/10/11 CCA received
21. 28/10/11 Niddy says
22. 07/11/11 Letter received - no token payment received, will add interest & charges if payment not made
23. 07/11/11 Resumed token payments (£1 per month)
24. 28/05/12 - Received statement
25. 28/11/12 - Received statement
26. 30/05/13 - Received statement
27. 27/11/13 - Received statement
28. 13/11/14 - Received statement
29. 13/11/14 - Received Notice of Assignment from Santander Cards Ltd to Santander UK plc
30. 29/05/14 - Received statement
31. 04/06/15 - Received statement
32. 30/11/15 - Received statement
33. 01/06/16 - Received statement
34. 01/12/16 - Received statement
35. 30/05/17 - Received statement
36. 26/05/18 - Received statement
37. 01/12/18 - Received statement
38. 13/12/18 - Received from Santander - Wescot will be managing your account, they will monitor payments
39. 31/05/19 - Received statement
40. 03/12/19 - Received statement
41. 12/11/20 - Received from Santander - we made a mistake with fees and interest, your balance has been reduced.

* Update *

12/11/20 - Received from Santander - we made a mistake with fees and interest, your balance has been reduced.

Thanks Santander, I'll file that letter and accept the reduction in the balance.

[Joanna Connolly Solicitors]

Re: DNW's UE Diary

Barclay Loan

Name - Barclays
Type of account - Loan
Date commenced - July 2009
Approx balance - £15,000
Date last paid - Mar-11 
Arrangement/not paying - Token Payment
Status - Default 
Account owner - DCA (CDCS)

Key:
Them
Me
Other


Activity

1. 05/04/2011 DD Cancelled letter received
2. 11/05/2011 Missed payment letter received
3. 04/06/2011 Two missed payments letter received
4. 15/06/2011 Default notice received from Barlcays
5. 15/06/2011 Refused to accept £1/month offer, debt to be passed to Recovery Dept.
6. 05/07/2011 Arrears notice
7. 23/07/2011 CDCS letter - account has now transferred to them and all comms to be directed to CDCS
8. 01/08/2011 My letter - no change in circumstances, don't phone, don't visit sent to CDCS
9. 17/08/2011 CCA Request sent
10. UPDATE 03/09/11 CCA received and sent to Niddy
11. 03/09/11
12. 10/12/11 - Arrears Notice received
13. 11/10/12 - Arrears Notice received
14. 08/03/13 - Arrears Notice received
15. 01/07/13 - Statement received
16. 12/08/13 - Arrears Notice received
17. 09/01/14 - Arrears Notice received
18. 07/06/14 - Arrears Notice received
19. 01/07/14 - Annual statement received
20. 08/08/14 - Please contact us to arrange further/higher payment (filed)
21. 2014-2019 - Only statements & arrears notices received
22. 20/11/19 - Statement received
23. 22/11/19 - We're going to transfer your account to PRA
24. 07/12/19 - NOA - Loan account sold to PRA Group (UK) Limited
25. 07/12/19 - Welcome to PRA Group, carry on making agreed payments but to us now instead of Barclays
26. 05/02/20 - Sent SAR to Barclays
27. 05/02/20 - Stopped token payments
28. 27/02/20 - Received SAR documents
29. 23/09/20 - Received from PRA - 30 days to contact them else they'll consider my account for 'next stage'.
30. 24/10/20 - Received from PRA - Letter before claim

Have you heard anything more from PRA since their Letter of Claim?

Di

[DNW]

Have you heard anything more from PRA since their Letter of Claim?

Di

Nothing apart from a Statement of Account in early December. I was very much expecting a claim for Christmas but it's not arrived as yet - although I'm still anticipating it on a daily basis.