John's Debt Diary

[Joanna Connolly Solicitors]

Account type : Barclays Credit Card
Current DCA : Link Financial
Sold to Link : 2014
Opened Aprox 2007
Balance £1000
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Link : December 2019

December 2019 - CCA request sent to Link which is Still outstanding
February 2020- SAR request sent to Barclays which is still outstanding
June 2020 - Link sending me standard letters to contact them to set up a payment plan which I am ignoring right now.

This account was not defaulted before selling to the Link and Barclays were reporting late payments to the CRA then I have to complain to Barclays and then Barclays advised to Link in 2016 to put back date default on my credit file. I have all documents.

I see you've edited your previous post to add information about the Default.

You say you "have all the documents" but do you have any Default Notice or wasn't one served on you by Barclaycard which is a flaw they can't remedy?

Maybe sending Barclaycard a SAR was a good thing after all

Di

[Joanna Connolly Solicitors]

It looks like all five of your debts are currently unenforceable. Bravo!

That's 100% success so far

Each time you receive a new letter quote your original post (with the account history) and then add an update for members to comment on your next step, which may be to do nothing at all.

Di

[johnbruce]

I see you've edited your previous post to add information about the Default.

You say you "have all the documents" but do you have any Default Notice or wasn't one served on you by Barclaycard which is a flaw they can't remedy?

Maybe sending Barclaycard a SAR was a good thing after all

Di

I already sent SAR to Barclaycard and I don't remember any default notices as well. I already received SAR documents from Tesco, COOP, and MBNA and none of them have any default notices included and nothing mentioned about defaults in the documents. Should they have to provide if they had issued default notices or they are hiding something and not providing full documents?

[johnbruce]

Account type : Tesco Credit Card
Current DCA : Intrum
Sold to Intrum: 2019
Opened Aprox May 2007
Balance £2500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Intrum : January 2020

February 2020 - CCA request sent to Intrum which is Still outstanding
February 2020- SAR request sent to Tesco and SAR documents have generic type CCA which does not have my name, tick box , date and address.
May 2020 - Intrum resumed collection activity without serving CCA and now sending letter to contact them to set up a payment plan.

Intrum sent 3 letters in 3 continues days advising me to contact them so they can HELP me, filed away.

[The Tech Clerk]

keep file with them see if it continues as later harassment may come into play?

[Joanna Connolly Solicitors]

I already sent SAR to Barclaycard and I don't remember any default notices as well. I already received SAR documents from Tesco, COOP, and MBNA and none of them have any default notices included and nothing mentioned about defaults in the documents. Should they have to provide if they had issued default notices or they are hiding something and not providing full documents?

Maybe they didn't issue and serve a Default Notice which is why there's no mention of it in your SAR response?

They can't be accused of hiding or not providing full documents if those documents didn't exist in the first place.

Sometimes the absence of information is better than the existence of information

Di

[johnbruce]

Maybe they didn't issue and serve a Default Notice which is why there's no mention of it in your SAR response?

They can't be accused of hiding or not providing full documents if those documents didn't exist in the first place.

Sometimes the absence of information is better than the existence of information

Di

Well said Di. You are amazing and your advice gave me this courage to fight back otherwise I was just filling income and expenditure forms and negotiating etc. First I was scared and now I am brave.


Does court accept SAR documents as proof like if default notices are not in SAR then it was not issued and served or we need something else to prove this?

[Joanna Connolly Solicitors]

Well said Di. You are amazing and your advice gave me this courage to fight back otherwise I was just filling income and expenditure forms and negotiating etc. First I was scared and now I am brave.


Does court accept SAR documents as proof like if default notices are not in SAR then it was not issued and served or we need something else to prove this?

Good to hear you've found the courage to fight back. Now it's your turn to make them scared by your silence.

The burden of proof is always on the Claimant. They would have to prove that a DN was issued, not you having to prove it wasn't.

Although I'll add that in some cases a reconstituted DN is produced by the Claimant (debt purchaser) so we then prove it wasn't issued and/or served based on 'inconsistencies' in the document they evidenced.

Di

[johnbruce]

Here is my debt diary and looking forward to get some help to become debt free.

Account type : MBNA credit card
Opened Aprox March 2008
Balance £2000
Date of last full payment – Don’t Know
Sold to Link Financial in 2013
Stopped paying £1 token payment to Link : December 2019


December 2019 - CCA request sent to Link which is Still outstanding

February 2020- SAR request sent to MBNA

June 2020 - more that 100 documents were received last week including three pages CCA and lots of statements, system notes and other history


IMPORTANT NOTES:

This account was sold with PPI and credit agreement have a PPI section with a tick box and old statements showing PPI charges as well.

I submitted PPI claim myself in 2014 and my claim was successful and SAR documents only have PPI claim form and nothing else.

I never received any default notice for this account and SAR documents don’t have any default notice enclosed. System notes have one entry about adding default on my credit file.

I never received any debt sold or assignment letter from MBNA or Link and SAR documents and system notes don’t have any info about this. I checked my own documents and don’t know how and what date account ownership swicthed to Link Financial.

I am waiting to hear from Link Financial re CCA request but meantime I want to know does mis-sold PPI and issues with defaults and assignment can make this account unenforceable?

Update - CCA received from Link Financial and emailed to Diana Mayhew for review

[johnbruce]

Update - CCA received from Link Financial and emailed to Diana Mayhew for review

Hi Diana Mayhew Niddy says its Enforcable based on applied online (which I don't remember) and CCA utilizing two ticks, one for credit card and other one for PPI.

MBNA not issued and served Default Notice and Assignment letters before selling account to Link Financial and SAR is also missing DN/AL info.

What can be done in this situation?

[Timewilltell]

To save Diana repeating herself, there is more to UE than the CCA being correct. The obligations of the creditor/ debt owner are far greater than yours.

[johnbruce]

Here is my debt diary and looking forward to get some help to become debt free.

Account type : MBNA credit card
Opened Aprox March 2008
Balance £2000
Date of last full payment – Don’t Know
Sold to Link Financial in 2013
Stopped paying £1 token payment to Link : December 2019


December 2019 - CCA request sent to Link which is Still outstanding

February 2020- SAR request sent to MBNA

June 2020 - more that 100 documents were received last week including three pages CCA and lots of statements, system notes and other history


IMPORTANT NOTES:

This account was sold with PPI and credit agreement have a PPI section with a tick box and old statements showing PPI charges as well.

I submitted PPI claim myself in 2014 and my claim was successful and SAR documents only have PPI claim form and nothing else.

I never received any default notice for this account and SAR documents don’t have any default notice enclosed. System notes have one entry about adding default on my credit file.

I never received any debt sold or assignment letter from MBNA or Link and SAR documents and system notes don’t have any info about this. I checked my own documents and don’t know how and what date account ownership swicthed to Link Financial.

I am waiting to hear from Link Financial re CCA request but meantime I want to know does mis-sold PPI and issues with defaults and assignment can make this account unenforceable?

24/06/2020 - Reminder letter received, filed away.

[johnbruce]

Account type : Coop Bank Loan
Current DCA : Link Financial
Sold to Link : 2013
Opened Aprox 2010
Balance £10000
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Link : December 2019

December 2019 - CCA request sent to Link which is Still outstanding
February 2020- SAR request sent to Barclays which is received including some unreadable system notes and illegible CCA.
June 2020 - Link sending me standard letters to contact them to set up a payment plan which I am ignoring right now.

24-06-2020 - Reminder letter received, CCA request still not fulfilled , filed away.

[johnbruce]

Account type : Tesco Credit Card
Current DCA : Intrum
Sold to Intrum: 2019
Opened Aprox May 2007
Balance £2500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Intrum : January 2020

February 2020 - CCA request sent to Intrum which is Still outstanding
February 2020- SAR request sent to Tesco and SAR documents have generic type CCA which does not have my name, tick box , date and address.
May 2020 - Intrum resumed collection activity without serving CCA and now sending letter to contact them to set up a payment plan.

14 July 2020 - 20% partial settelement offer received. I called them back and offered 5% settlement which was refused. I told operator account is UE and he told me that Application form is sent to you in March but I received nothing. He told me that account is enforceable because I applied for credit card and used that money.

update

[Joanna Connolly Solicitors]

Hello

Its always best not to talk to these people on the phone, and definitely don’t discuss the enforceability of a debt which could prompt them to make a bigger effort to comply with your s77-79 CCA Request.

Di