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  • wolvaughan diary

    I have debts with several companies and have requested CCA's from them all, I have mostly received responses saying that they can't find the information but they are still looking so currently those are not of any concern. I do however have one with PRA that I will post here and the others if necessary later down the line. Niddy has already kindly had a look and said that it's UE but to post here for further help. I really need to know why it's UE and what my next step is?
    • Type of account: Credit Card
    • Date commenced (ideally before Apr 2007): September 2001
    • Approx balance: £10,570.00
    • Date last paid (approximate date you last made a FULL payment): July 2008
    • Are you on arrangement or not paying: Was on DMP currently not paying
    • Status (default/in arrears/up-to-date): Default
    • Account owner (who is writing to you, a DCA or the lender): DCA - PRA
    Any help anyone can give would be appreciated.

    Thank you,

    Last edited by Diana Mayhew; 6th August 2018, 10:16. Reason: Iíve removed your real name to protect your identity

  • #2
    Hi

    First of all, you will need to ask Niddy why the account is UE in his opinion, as he is the only person who will see the document you sent.

    Secondly you will need to start fleshing out the history with the correspondence from/to the creditors You can then get suggestions here as to how to deal with the letters you are receiving. At the moment there is nothing for us to help you with.

    Comment


    • #3
      In Niddy's opinion the account is UE as "there is no signed agreement so they cannot enforce it as the prescribed terms are missing"

      What do I need to do now, nothing or is there a letter I should send?

      Comment


      • #4
        Hello

        Who was the original creditor for this credit card account?

        And was it assigned direct to PRA or was it assigned to someone else before them such as Varde or Aktiv Kapital? Does the name Experto Credite ring any bells?

        The history of a debt is important in order to know how to manage its future.

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Experto Credite I bet?
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Hi,

            Thanks for the replies, the original creditor was MBNA, the debt was transferred to PRA in September 2014. The records show that it was with HBOS prior to that.

            Comment


            • #7
              Originally posted by wolvaughan View Post
              the original creditor was MBNA, the debt was transferred to PRA in September 2014. The records show that it was with HBOS prior to that.
              I would be surprised if it was assigned to HBOS by MBNA. What "records" are you relying on for your information?

              Who was your DMP provider and how long were you with them (from what year)?

              It's possible that MBNA assigned the debt but you didn't know if your DMP provider was dealing with them direct (although you should have been sent a Notice of Assignment at the time).

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                My DMP provider was PayPlan and I'm using their records (as attached) for my information, I started with them in February 2008.

                I possibly did receive a Notice of Assignment at the time but at that time didn't take much notice, wish I'd kept everything now!

                Comment


                • #9
                  Originally posted by wolvaughan View Post
                  My DMP provider was PayPlan and I'm using their records (as attached) for my information, I started with them in February 2008.

                  I possibly did receive a Notice of Assignment at the time but at that time didn't take much notice

                  I've removed that attachment to protect your identity (it included the original account number). It does refer to HBOS but no mention of MBNA.

                  Did you also have a credit card with HBOS which may have been bought by PRA (as well as the MBNA account)?

                  I think the way forward is to send a GDPR/Subject Access Request to PayPlan to get your file detailing everything which happened with all your creditors since 2008. I expect they were all assigned at some point, possibly twice.

                  Don't worry about not keeping everything over the years, most people don't! But do keep everything from now on.

                  I'll happily comment on all the other debts as soon as we've got to the bottom of this one

                  Di
                  Legal Disclaimer

                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #10
                    Apologies the only reason I thought it was MBNA is as the PayPal record shows (Barclays MBNA Lloyds New DMP Only) and I did have an MBNA card. However I've just checked back through the documents PRA sent and it was a Halifax Credit Card.

                    I'll send PayPlan a GDPR/SAR today. I assume I just ignore PRA for the time being, just a bit concerned as I go on holiday for two weeks from Wednesday and may miss some correspondence from them?

                    Currently the other debts are all UE as they've not been able to provide any information, I'll post those if they become an issue.

                    Thanks for your help so far.

                    Comment


                    • #11
                      Originally posted by wolvaughan View Post
                      the only reason I thought it was MBNA is as the PayPal record shows (Barclays MBNA Lloyds New DMP Only) and I did have an MBNA card. However I've just checked back through the documents PRA sent and it was a Halifax Credit Card.

                      I'll send PayPlan a GDPR/SAR today. I assume I just ignore PRA for the time being, just a bit concerned as I go on holiday for two weeks from Wednesday and may miss some correspondence from them?

                      Mystery solved

                      Do you mean the credit agreement you sent to Niddy was a Halifax one or was it a MBNA one? Perhaps both have been assigned to PRA?

                      Post up the background of all of your debts when you get back from holiday in two weeks' time. If any debt owner has plans to issue a court claim they should first send you a Letter Before Claim giving you thirty days to respond before they can issue it, so being away for a couple of weeks shouldn't be a problem.

                      Enjoy your holiday!

                      Di
                      Last edited by Diana Mayhew; 8th August 2018, 15:02. Reason: typo
                      Legal Disclaimer

                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #12
                        The one I send to Niddy was a Halifax one, I've just confused things by mentioning MBNA.

                        Thanks for your help, I'll list all of the debts when I get back.

                        Comment


                        • #13
                          Hi all,

                          Just back of my holidays and only two pieces of correspondence from creditors waiting for me. One a statement and the other a letter I need some help with please, I've added the account below.

                          Type of account: Credit Card - Barclaycard formerly Egg Banking
                          Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
                          Approx balance: £2,933.62
                          Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
                          Are you on arrangement or not paying: Was on DMP currently not paying
                          Status (default/in arrears/up-to-date): Default
                          Account owner (who is writing to you, a DCA or the lender): DCA - Moorcroft.


                          1 May 2018: CCA Request Sent and signed for on 11 May 2018

                          20 August 2018: Missed payment letter

                          Do I need to respond to this or just leave it?

                          Thanks


                          Comment


                          • #14
                            Another issue I have is on another account details below:-

                            Type of account: Credit Card - Link Financial (Barclays)
                            Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
                            Approx balance: £3486.90
                            Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
                            Are you on arrangement or not paying: Was on DMP currently not paying
                            Status (default/in arrears/up-to-date): Up to date
                            Account owner (who is writing to you, a DCA or the lender): DCA - Link Financial

                            1 May 2018: CCA Request Sent and cheque cashed

                            My issue with this account is it's showing on my Experian Credit report as up to date, I've stopped paying now so it, I assume, will default. As this has been defaulted for over 6 years I want it removing as my credit report is looking okay. I've emailed Experian but they just say it's up to date, how do I get it removed?

                            Thanks

                            Comment


                            • #15
                              Originally posted by wolvaughan View Post

                              Type of account: Credit Card - Barclaycard formerly Egg Banking
                              Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
                              Approx balance: £2,933.62
                              Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
                              Are you on arrangement or not paying: Was on DMP currently not paying
                              Status (default/in arrears/up-to-date): Default
                              Account owner (who is writing to you, a DCA or the lender): DCA - Moorcroft.


                              1 May 2018: CCA Request Sent and signed for on 11 May 2018

                              20 August 2018: Missed payment letter

                              Do I need to respond to this or just leave it?

                              Who did you send your s 77-79 CCA Request to? Was it Barclaycard or Moorcroft?

                              Has there been any acknowledgement of your request sent in May?

                              No need to respond to a "missed payment" letter. You're already aware that you've not paid them, nevertheless it was kind of them to let you know

                              Di
                              Legal Disclaimer

                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment

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