F19FOX's UE diary

[Still Waving]

I agree with Roger. Just carry on as you are and see what they do next.

If it really is an urgent financial matter, they ought to have been more specific in their letter.

[F19FOX]

Thank you Roger and Still Waving

I am certain it's not urgent. They sent me a text - haven't gone to the expense of writing me a letter

It is identical word for word to last year and on the exact same date - 6th June. So it has to be for a review.

I will definitely take your advice and ignore them. I will post again on any further developments

Many thanks!

[Joanna Connolly Solicitors]

This is my only creditor thus far to produce a CCA and Niddy says its enforceable which is why I'm still paying the £1 per month.

This debt is still with the original creditor. If/when it's assigned to a debt purchaser they may not have access to all the information which Tesco has on file. I've seen some debt purchasers taking a year (if ever) to source credit agreements.

If it's sold to a debt purchaser which has FCA authorisation issues then it may not matter if the credit agreement is enforceable if the debt purchaser is unable to prove that they own the debt and/or have the legal right to collect it.

Let's hope they tire of you soon and sell it on since it'll probably cost them more than £1 to process your modest payment each month.

Maybe that's why they sent you a text to save on the postage where even second class postage costs 58p

Di

[F19FOX]

Thanks Di,

Oh OK agreed - let's hope they do sell the debt on to a DCA then. Interestingly I've just had a letter come through from Tesco saying my repayment arrangement has come to an end and that if they don't hear from me then they will reset my plan on the same arrangement as before. Now that must have cost them more than £1 to send out!!

[F19FOX]

F19FOX's account number 6

MBNA - ORIGINALLY PLAY.COM

• Type of account - Credit card
• Date commenced - 21st July 2010
• Approx balance - £19,665
• Date last 'full' payment - 30th Oct 2015
• Arrangement - not paying
• Status - defaulted 31st May 2016
• Account owner - PRA Group

2015
OCT26/10 Advice from Stepchange (SC) to set up temporary payment arrangements of £1 with each of my creditors as my income is less than my expenses.
30/10 Posted SC templated temporary payment arrangement letters to all creditors offering £1 per month token payments. Included budget and list of creditors.

2016
JULDebt assigned to PRA Group
AUG 4/8 Posted temporary payment letter + budget + list of creditors to MBNA (Bromley address)
11/8 Posted temporary payment letter + budget + list of creditors to MBNA (Kilmarnock address)

2018
APR 17/4 Wrote to PRA to request copy of CCA.
MAY 2/5 Letter from PRA to confirm receipt of CCA request + account placed on hold until further notice.
JUN 2/6 cancelled all payments as account on hold awaiting CCA from PRA
8/6 SAR letter posted to MBNA
19/6 voicemail message received from MBNA asking me to call them regarding correspondence recently received from me. This must be in relation to my SAR letter. Also to note MBNA called me from a withheld number so I was unable to block it!

Hi there

I've received a voicemail message this morning from MBNA asking me to call them regarding correspondence recently received from me. This clearly has to be in response to my SAR letter. My question is do I call them or do I ignore them? I'm guessing it's best to ignore them. I seem to remember I had a few accounts with MBNA over the years but it's this one and my account number 5 (formerly Virgin) that I put down as account numbers in my SAR letter. I'm also assuming that as I have written the SAR letter to MBNA that they will have to send me details of all accounts I have had with them assuming they still hold details on file for them? Maybe this is why they are asking me to call them as they will have plenty of information to send me and maybe they are trying to limit it or for some other reason??

Note they called me from a with-held number so it's lucky I was busy at the time and not able to answer. I have blocked all the other OC and DCA numbers that I have had calls on in the past so this was a bit of a surprise!

Thank you

[The Tech Clerk]

SAR they should send all information they hold on you! regardless SAR request so outstanding did you request on/after 25th May 2018 or before? ah! 6th June sent so they have the 30 days to respond their problem! not yours

[F19FOX]

Hi The Tech Clerk

Thanks for your response. I sent the SAR on 8th June using the new GDPR format from Niddy. I will wait for them to reply then and not call them back

[The Tech Clerk]

they know the rules

[Joanna Connolly Solicitors]

I had a few accounts with MBNA over the years but it's this one and my account number 5 (formerly Virgin) that I put down as account numbers in my SAR letter. I'm also assuming that as I have written the SAR letter to MBNA that they will have to send me details of all accounts I have had with them assuming they still hold details on file for them? Maybe this is why they are asking me to call them as they will have plenty of information to send me and maybe they are trying to limit it or for some other reason?

I'm glad MBNA rang you

This has flagged up the fact that you may have limited your SAR request to your ex-Virgin account and ex-play.com account when they can see that they hold more data on other accounts.

You need absolutely everything.

There's no live court claim at the moment (hopefully never) so you aren't up against the clock. You can wait to see what they send or you can clarify in a letter that you want to see all data not just the two accounts you identified.

Di

[F19FOX]

Thanks Di,

They have actually left me another voicemail today again asking me to call them in relation to recent correspondence I have sent them. I'm assuming your advice is not to speak to them but maybe I should send them another letter then clarifying that I want everything for all accounts?!?

And yeah hopefully no court claim

[F19FOX]

F19FOX's account number 4

SANTANDER - ORIGINALLY ABBEY

• Type of account - Credit card
• Date commenced - 11th May 2009
• Approx balance - £4,294
• Date last 'full' payment - 30th Oct 2015
• Arrangement - not paying
• Status - defaulted 6th May 2016
• Account owner - Santander

2015
OCT26/10 Advice from Stepchange (SC) to set up temporary payment arrangements of £1 with each of my creditors as my income is less than my expenses.
30/10 Posted SC templated temporary payment arrangement letters to all creditors offering £1 per month token payments. Included budget and list of creditors.
7/11 Letter from Santander saying I have missed payment
13/11 Resent temporary payment letter + budget + list of creditors


2018
APR 17/4 Wrote to Santander to request copy of CCA
MAY20/5 I am pretty sure this was originally an Abbey credit card which was later rebranded to Santander. Thanks for the memory nudge Di
25/5 SAR letter posted to Santander
25/5 6 monthly statement received from Santander
29/5 SAR request signed for receipt from Royal Mail
JUN 2/6 cancelled all payments as nil response to CCA request
5/6 letter received from Santander acknowledging my SAR letter + committing to providing the information within 28 days
29/6 SAR response received from Santander. Comprising - cover letter (headed DPA 1988! Have they not heard of GDPR?), one pager credit agreement, one page DDM and 4 pages of transactions. Very surprised that there were no statements (even though I have received several from them previously) and no credit report which I requested in my SAR letter to them. Also interesting the credit agreement is in the name of Abbey!

Just received the SAR correspondence from Santander. I find it surprising that they have sent so little information, no copy statements, no credit report and no mention of my CCA request (or any other contact for that matter!). They have sent a list of transactions, the last one dated 4th Apr 2016. One thing they do confirm however is that the credit agreement is branded Abbey and not Santander. I know Di mentioned this could be the case and perhaps could mean the debt is UE if the process wasn't handled correctly??

So not sure where I go from here but would welcome any advice.

Thank you

[Joanna Connolly Solicitors]

Just received the SAR correspondence from Santander.

I find it surprising that they have sent so little information, no copy statements, no credit report and no mention of my CCA request (or any other contact for that matter!). They have sent a list of transactions, the last one dated 4th Apr 2016. One thing they do confirm however is that the credit agreement is branded Abbey and not Santander. I know Di mentioned this could be the case and perhaps could mean the debt is UE if the process wasn't handled correctly??

I find it good news that they have sent so little information

Sometimes it's the absence of information which speaks volumes if it means that they didn't do something they should have done in order to comply with their ongoing statutory duties.

In what way do they confirm that the credit agreement is branded Abbey not Santander? Is there an actual scanned copy of the credit agreement?

Di

[F19FOX]

Hello Di

I hope all is well with you and thank you for your speedy reply

Oh OK less is best then

Yes they have sent me a scanned copy of the credit agreement with the Abbey logo in the top right corner and on the reverse of the page is a copy of my DDM. Do you need any further information?

Thank you Di

[Joanna Connolly Solicitors]

they have sent me a scanned copy of the credit agreement with the Abbey logo in the top right corner and on the reverse of the page is a copy of my DDM.

But still no response to your formal s 77-79 CCA Request.

Santander may have sent you a scanned copy of your credit agreement in your SAR but are/were the prescribed terms all there?

Were the Ts & Cs 'present' when you made the application?

And so on.

Di

[F19FOX]

But still no response to your formal s 77-79 CCA Request.

Santander may have sent you a scanned copy of your credit agreement in your SAR but are/were the prescribed terms all there?

Were the Ts & Cs 'present' when you made the application?

And so on.

Di

Hello Di

Thank you for your reply. Here are my responses to your queries:

1. Correct. Still nil response to my formal CCA request
2. I don't think I know enough to be able to say definitively but all they have sent me is a one page document of a very poor quality scan. The text is virtually unreadable its so blurry - perhaps if I had really bad eyesight it would look clear . All I have to compare it to is the cca copy I received from Tesco which was 4 pages just for the cca and another load of pages for all the terms and conditions. Santander have not included any of those
3. It's such a long time ago when I applied so I really can't remember. Should it state somewhere in the copy CCA they have supplied?

This may or may not matter but they have not dated the CCA. I have signed and dated it - they have just signed it.

Hope this all makes sense