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  • Diana Mayhew
    replied
    Originally posted by Brad66100 View Post
    Account type : Capitol One CC
    Current DCA : Lowell Portfolio
    Date of Default: 08/2014
    Opened : 2012
    Balance £1171
    Date of last full payment – early 2014?
    Currently in DMP with SC since 09/2014 paying £13.18 this one has dropped off my credit report

    23/07/2020 CCA recieved 30 pages with original agreement signed online and statements and t&cs (sorry its late now I opened this) can I send this to you Di so you can take a peep please ? I've only given them a token payment since I requested CCA they have rang a few times ignored. But worried now

    There's no need to worry just yet.

    I would send it to Niddy (Never-In-Doubt the forum owner) using webmaster@all-about-debt.co.uk

    There's more to enforceability of a debt than just the credit agreement. Capital One sometimes have difficulty proving they served a compliant Default Notice.

    Wait for Niddy's opinion and then post again on your thread.

    Di

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  • The Tech Clerk
    replied
    Payment? Oh dear never mind SB starts over

    Leave a comment:


  • Brad66100
    replied
    Account type : Capitol One CC
    Current DCA : Lowell Portfolio
    Date of Default: 08/2014
    Opened : 2012
    Balance £1171
    Date of last full payment – early 2014?
    Currently in DMP with SC since 09/2014 paying £13.18 this one has dropped off my credit report

    will send CCA this week

    22/06/2020 - CCA req sent signed for
    01/07/2020 letter saying due to covid unable to send info via post and want my email address ?? Do I give it to them as I thought you should keep a paper trail ...
    23/07/2020 CCA recieved 30 pages with original agreement signed online and statements and t&cs (sorry its late now I opened this) can I send this to you Di so you can take a peep please ? I've only given them a token payment since I requested CCA they have rang a few times ignored. But worried now

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Brad66100 View Post
    Hello Di, lovely to have you back! hope you are well.

    PRA-x3 accounts 17/08/2020 have sent random statements but nothing to comply with my CCA request they mention they are awaiting further information and currently deem it UE! payment stopped with SC to.

    They are pestering me with calls all day and night tough emails to so think I need to send a letter about harassment on calls

    Thank you - it's nice to be back

    Maybe it feels like pestering or harassment to you, but PRA have three of your accounts so you will be getting three times as many calls/emails than someone with only one account.

    You have also cancelled your StepChange DMP so that will generate a bit of attention by PRA who have been effortlessly banking your repayments on these unenforceable debts for over six years, and that's now come to an abrupt halt.

    The noise should stop soon.

    Di

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  • The Tech Clerk
    replied
    Harassment by Telephone -= if advised

    Leave a comment:


  • Brad66100
    replied
    Hello Di, lovely to have you back! hope you are well.

    PRA-x3 accounts 17/08/2020 have sent random statements but nothing to comply with my CCA request they mention they are awaiting further information and currently deem it UE! payment stopped with SC to.

    They are pestering me with calls all day and night tough emails to so think I need to send a letter about harassment on calls

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Brad66100 View Post

    Yes sent all seperate CCA requests

    Hello

    Have you received any response to your CCA Requests sent to PRA in July?

    Di

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Brad66100 View Post

    Yes sent all seperate CCA requests

    That makes more sense since your post # 29 combined all three in the same update which confused me (easily done ).

    It's best to re-quote each debt post with an individual update as and when.

    I look forward to seeing what PRA produce.

    They took me to court with the determination to convince the Judge that the credit agreements they evidenced were enforceable. The Judge didn't agree so they lost as Jo explains here >


    Originally posted by Joanna Connolly View Post
    ‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
    “UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGNMENT 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

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  • Brad66100
    replied
    Originally posted by Diana Mayhew View Post


    So you've sent three separate CCA Requests?

    Di
    Yes sent all seperate CCA requests

    Cheers Brad

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  • Diana Mayhew
    replied
    Originally posted by Brad66100 View Post

    Hello Di

    These are 3 separate loans I'm waiting to hear off PRA regarding overdraft


    Cheers Di

    So you've sent three separate CCA Requests?

    Di

    Leave a comment:


  • Night Monkey
    replied
    As Di once posted on my diary:

    'DMPs set up by charities are a way of outsourcing their debt collection activities in a seemingly respectable way.'

    That certainly put them into perspective for me.
    Last edited by Night Monkey; 11 July 2020, 20:18.

    Leave a comment:


  • nightwatch
    replied
    SC do not recognise UE, so It dosen't matter to them if there is a CCA or not, they expect you to pay it,
    SC get their funding from the banks and debt buying companies that are chasing you, so to me are not impartial.
    they may say they will stop paying a company but will expect the same ammount off you to spread round the ones left in your plan.

    You can just stop the DD to them and send a letter saying you are going self managed and would like all the information about your plan.

    or stop payments and send SC a SAR next month, for everything they have which may give you more information.

    Leave a comment:


  • Brad66100
    replied
    Originally posted by Brad66100 View Post
    Account type : Natwest Loan X3
    Current DCA : PRA
    Date of Default: 08/2014
    Opened : Jan 2012
    Balance £1192,£520,£1192
    Date of last full payment – early 2014?
    Currently in DMP with SC since 09/2014

    Can you just clarify something for me - were these three separate loans which were amalgamated into one before they were assigned to PRA?

    Or was this a series of three loans where each time there was a consolidation of the previous loan plus additional/further funds which created a new loan?

    Di

    Hello Di

    These are 3 separate loans I'm waiting to hear off PRA regarding overdraft to it's only 251.

    Although some of these loans were top up loans with NatWest went in to set up savings account came out with a top up loan paying in excess 25%apr! Phoned SC today no joy just said they will stop payments to them but I'm going to do it myself like talking to the wall they didn't understand what a CCA Request was? Nevermind do it yourself I'm stopping payments to PRA and Lowell as they also said they need time and wanted my email if not happy with email allow 40 days so that can stop to!

    Cheers Di

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Brad66100 View Post
    Account type : Natwest Loan X3
    Current DCA : PRA
    Date of Default: 08/2014
    Opened : Jan 2012
    Balance £1192,£520,£1192
    Date of last full payment – early 2014?
    Currently in DMP with SC since 09/2014

    Can you just clarify something for me - were these three separate loans which were amalgamated into one before they were assigned to PRA?

    Or was this a series of three loans where each time there was a consolidation of the previous loan plus additional/further funds which created a new loan?

    Di
    Last edited by Diana Mayhew; 9 July 2020, 12:48. Reason: typo

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  • Moonmonkey
    replied
    [QUOTE=Brad66100;n1535669]Account type : Natwest Loan X3
    Current DCA : PRA
    Date of Default: 08/2014
    Opened : Jan 2012
    Balance £1192,£520,£1192
    Date of last full payment – early 2014?
    Currently in DMP with SC since 09/2014

    Sending off CCA this week.

    CCA Sent signed for 22/06/2020

    08/07/2020 letter to confirm cease collections until further notice!
    [/QUOTE

    love their gesture of goodwill - in other words it will cost them more to process the 1 quid and they can’t be arsed



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