Oh, I want to wash this debt right out of my hair...

[The Tech Clerk]

keep an eye on the postman

[Joanna Connolly Solicitors]

You've been that told the credit agreement PRA sent you in response to your s 77-79 CCA Request is unenforceable so I see no reason for you to reply to their latest '10% discount offer' letter.

Di

[The Tech Clerk]

could use the letter/offer as an emergency in the Bathroom - then flush. begging letters from the office churner

[seekassistance]

Hi Everyone

It has been a while since I have updated my diary as I have been receiving phone calls but have not received any correspondence until now.. Please see my updated diary below..

• HALIFAX (BANK of SCOTLAND)
• Credit card

• Pre 2007
• Debt currently £8,900
• Last paid (arrangement) Oct 2017
• Creditor PRA

March 2009 - Debt transferred to Moorcroft for collection on behalf of Halifax. Monthly arrangement set up with Moorcroft by direct debit and no payments missed.

26 Oct 2016 Letter from PRA stating they had purchased outstanding balance with Lloyds TSB Bank.

2 Nov 2016 - I rang them as I did not relate to above debt due to no notification from Moorcroft and confused by Lloyds TSB Bank. I asked them for letter assignment, they referred me to Moorcroft. Rang them and they said they no longer had copies as everything had been sent to purchaser. Rang PRA again and advised of conversation. They said they would send a copy and would put account on hold for month.

Dec 2016 PRA phoned regarding payment. Assignment not received but agreed to pay £10 via manual payment monthly starting Jan 2017 but still required copy of assignment.

Dec 2016 Confirmation of Arrangement letter received.

Jan - Oct 2017 Monthly payments made

26 Jun, 29 Jun, 26 Sep PRA rang but I did not answer

Oct 17 I wrote to PRA and made a F&F offer of £3000 as a relative offered to loan me the money to get rid of the debt.

Oct 17 PRA replied via letter rejecting my offer and countering with an offer of £8046. Offer available until 5 Nov

Oct 17 I wrote to PRA requesting copy of CCA

23 Oct 17 PRA replied, returning fee and placing account on hold until document received

29 Nov 17 Letter received from PRA containing printouts of monthly summary of account and currently deeming the debt unenforceable but awaiting receipt of further documents to complete my request.

2 Dec 17 Letter received from PRA with copy documents as requested and instructions to contact office within 10 days. Documents enclosed were photocopies of 2 CCA 1974 and a photocopy of For Your Signature.

8 Dec 17 - Phone call from PRA wanting to discuss debt and arrange settlement. I advised them that I had never received a notice of assignment and that I required a copy before going any further. They said they would send a copy and put the account on hold for another week.

10 Dec 17 - PRA phoned again for the same reason as above. The previous caller had not updated t conversation heir records with the conversation and so I had to go through the whole notice of assignment again. Account put on hold for another week

14 Dec 17 Sent agreement to Niddy who thinks unenforceable

19 Dec 17 PRA sent Notice of Assignment letter

9-15 Jan 2018 - Daily phonecall from PRA on landline and mobile -Did not answer, message to contact left on landline

17-20 Jan 2018 - Daily phonecall from PRA on landline and mobile -Did not answer, message to contact left on landline

22 -24 Jan 2018 - Daily phonecall from PRA on landline and mobile -Did not answer, message to contact left on landline

6 Feb 18 - No further telephone calls but letter now received asking that I set up a repayment plan at a discounted price to pay as a one off payment or three or six monthly payments. The discounted amount is the same as previously quoted in Oct 17 representing a 10% discount. The letter states that this offer is only available until the end of the month. Letter filed.

UPDATE

6 Feb 2018 to 30 June 2019 – For nearly 18 months I have been receiving phonecalls from PRA on both my landline and mobile averaging 15 calls a month on each. Message to contact them left on landline only. Have not responded to any.



July 2019 – First written communication received since February 18. Account Summary Statement received covering period 27/6/2018 to 27/6/2019. Letter states : In order to comply with our obligations under the Consumer Credit Act 1974 we are providing you with this statement of account. Letter filed, although I did not receive a Summary Statement for the previous period

July 2019 – 15 calls received to both landline and mobilefrom PRA, message to contact them left on landline only. Have not responded to any.

1st Aug 19– Phonecall from PRA to landline and mobile same as previous. Have not responded.

7th Aug 19 - Phonecall from PRA to landline and mobile same as previous. Have not responded.

8th Aug 19 – Letter received dated 5 Aug stating as follows – Your account is being managed by our Investigations and Litigation Department to look at your outstanding debt for possible Litigation recovery. We want to work with you to help clear your remaining debt and have fully trained Account Managers waiting to take your call. If we do not hear, then we will be forced to undertake further investigations to gain an insight into your ability to pay the outstanding balance through information that is available to us. We look forward to hearing from you within 14 days of the date of this letter to avoid us moving to the next stage.



I must admit this letter has panicked me a little as I have not received any written correspondence from them for over 18 months. Is this the start of possible court proceedings? Please can you advise what I should do next?

[Joanna Connolly Solicitors]

It has been a while since I have updated my diary as I have been receiving phone calls but have not received any correspondence until now.. Please see my updated diary below..

• HALIFAX (BANK of SCOTLAND)
• Credit card

• Pre 2007
• Debt currently £8,900
• Last paid (arrangement) Oct 2017
• Creditor PRA

I must admit this letter has panicked me a little as I have not received any written correspondence from them for over 18 months. Is this the start of possible court proceedings? Please can you advise what I should do next?

According to your Diary history this debt is unenforceable so there is nothing you need to do or say in response to that letter from PRA.

Di

[seekassistance]

Thanks for your quick response Di.

Yes, Niddy advised that he thought the agreement looked UE He stated that if it was him, he would wait and see what they say next. As this letter says they will move to the next stage, I am concerned as do not know what this entails.

[seekassistance]

Please can anyone advise where I can find the SAR template? Previously I have checked under templates but when I click on the link nothing happens. I have just checked templates again and the response advised to contact admin.

Regards

[nightwatch]

Please can anyone advise where I can find the SAR template? Previously I have checked under templates but when I click on the link nothing happens. I have just checked templates again and the response advised to contact admin.

Regards

as requested From a post by Niddy. no fee is required,

Right of Access Template
If you'd like to stick to the norm and send a written request for information in, which we still recommend (as you have a paper copy / evidence of the request), then you could consider using the template below which should be ample for the firm to comply with your request:


Dear Sirs,

Ref: {enter your account details}

In line with article 15 of the General Data Protection Regulation 2018 (GDPR) I hereby formally request that you provide me a copy of all information held about me on your systems, in paper format or other means.

This is a data subject request so please send me everything that you hold about me to my home address as detailed below:

{enter your address}

I look forward to receiving the requested information within the next 30 days, as per the GDPR.

Yours faithfully


Yes, it really is that basic - that is all you need to send for the firm to adequately respond to your request.

[Joanna Connolly Solicitors]

can anyone advise where I can find the SAR template?

Who are you planning to send a SAR to and why?

Timing is everything

Sometimes it’s a good thing, and sometimes it’s not such a good thing.

Di

[seekassistance]

Hi Di

I was going to send a SAR to Lloyds as I have not requested the information before. I keep reading that PRA are litigatious and thought it would be better to have, just in case.

Should I send the SAR or hold off for now?

[Joanna Connolly Solicitors]

Hi Di

I was going to send a SAR to Lloyds as I have not requested the information before. I keep reading that PRA are litigatious and thought it would be better to have, just in case.

PRA are litigious, most debt purchasers are. But that doesn't mean they'll win if they do issue a claim >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”


So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Di

[seekassistance]

Hi Di

Should I go ahead with the SAR request to Lloyds or hold off for now?

[Joanna Connolly Solicitors]

Hi Di

Should I go ahead with the SAR request to Lloyds or hold off for now?

Yes, you can send it now.

Di

[seekassistance]

Hi

With the SAR, am I requesting information on the Halifax credit card only? I have had other accounts with them, do I need to request this info also?

[nightwatch]

and we're back,
normaly they would send all the info they hold as the ref you give is just a starting point, but some times they only send the information for the account number you give,
if you want All the information held , just put a line in stating that you want any and all info held by them.

NW