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  • #16
    Originally posted by Floridajen View Post
    Debt 5
    • Type of account (credit card/loan) Barclaycard
    • Date commenced (ideally before Apr 2007) ????
    • Approx balance. £1838.71
    • Date last paid (approximate date you last made a FULL payment) September 2013
    • Are you on arrangement or not paying. Was paying Stepchange till June 2018
    • Status (default/in arrears/up-to-date) Default
    • Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group
    2013
    December statement received from Barclaycard
    December letter received thanking me for letting them know about stepchange

    2014
    Monthly statements received
    December letter from Barclaycard advising they have had payment offer from stepchange

    2015
    Monthly statements received
    April Default letter 87 (1)
    April letter from Barclaycard Formal Demand
    July as above
    July letter advising account transferring to PRA Group
    September letter advising account now closed
    September letter from PRA Group saying they have purchased account

    2016
    September letter from PRA statement of account

    2017
    Letter from PRA account summary

    2018
    14th May I sent CCA request with £1 PO
    16th May I received PO back with PO account of hold
    June letter from PRA enclosing some documents but stating unenforceable
    June letter enclosing copy documents as requested
    emailed to Niddy - he thinks UE

    Thanks for any help ---- 5 down 1 more debt to add - sorry if you are all bored x
    Same as my last answer - look at the DN, Does the agreement say when it was signed? Was what they sent you a recon or a copy of a signed agreement?

    Comment


    • #17
      Originally posted by Floridajen View Post
      Debt 4
      • Type of account (credit card/loan) MBNA Card
      • Date commenced (ideally before Apr 2007) ????
      • Approx balance. £5479.82
      • Date last paid (approximate date you last made a FULL payment) September 2013
      • Are you on arrangement or not paying. Was paying Stepchange till June 2018
      • Status (default/in arrears/up-to-date) Default
      • Account owner (who is writing to you, a DCA or the lender. DCA. LINK Financial
      2013
      November letter received from MBNA advising account restricted as we told them about financial situation
      Novemb​​​​​​er accepting payment from Stepchange

      2014
      January letter received from MBNA notice of sum in arrears
      March as above
      May as above
      June Default notice 87(1)
      June letter asking if financial situation has changed
      July letter received Notice of sum in arrears
      August letter stating credit agreement terminated
      September letter advising they are selling account
      September letter received from Link advising they have account now
      October letter received from Link advising offer received to them via Stepchange

      2015
      September letter received from Link statement of account

      2016
      March letter from Link statement of account
      September letter from Link statement of account

      2017
      March letter from Link statement of account
      September letter from Link statement ofaccount

      2018
      14th May I sent CCA request with PO for £1
      NO reply as yet



      ​​​​
      Nothing to do as of yet but because I like to line my ducks up - have a look at the DN . Might be a little premature to SAR MBNA just yet

      Comment


      • #18
        Debt 6 last one the biggy
        • Type of account (credit card/loan) Barclayloan
        • Date commenced (ideally before Apr 2007) Jan 2013
        • Approx balance. £18,500
        • Date last paid (approximate date you last made a FULL payment) 2013
        • Are you on arrangement or not paying. Was paying Stepchange till 2018
        • Status (default/in arrears/up-to-date) Default
        • Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group
        2013
        letter received advising DD cancelled
        letter received 87 (1)
        letter advising proposal from Stepchange
        statement received

        2014
        letter arrears notice
        advising receipt of payment from Stepchange
        Arrears notice
        statement

        2015
        arrears notice
        receipt of payment from stepchange
        arrears notice
        advising re kept of payment proposal
        statement

        2016
        arrears notice
        arrears notice
        thanks us for letting them know about Stepchange
        letter advising transferring account to PRA
        statement
        letter from PRA advising purchased account
        letter from Barclays advising formal notice of transfer

        2017
        letter from PRA account summary
        letter from PRA 86B

        2018
        I requested CCA with £1 PO
        they sent back PO account on hold
        letter enclosing copy statements but stating
        ​​​they are currently unable to provide a copy of original agreement so cannot satisfy my request. This does not mean that debt has been written off despite being unenforceable!!!!!

        Well that's all debts typed out. Thank you if you are still awake. I would just mention that loans except the biggy were all done online, I don't know if this changes things ???
        Any help whatsoever would be gratefully received. Xx
        Last edited by Floridajen; 14 July 2018, 22:29.

        Comment


        • #19
          Originally posted by Roger View Post
          Next step a GDPR SAR to Barclays.
          Was there any PPI?
          What is the background to this Loan?
          Does the name Mercer appear in any of your documents?
          Hi
          NO PPI that we are aware of
          background = loan taken out online just to help pay other debts etc took about 10 mins in total if I remember correctly
          Nothing mentioning Mercer

          Thanks

          Comment


          • #20
            Originally posted by Floridajen View Post
            Debt 6 last one the biggy
            • Type of account (credit card/loan) Barclayloan
            • Date commenced (ideally before Apr 2007) Jan 2013
            • Approx balance. £18,500
            • Date last paid (approximate date you last made a FULL payment) 2013
            • Are you on arrangement or not paying. Was paying Stepchange till 2018
            • Status (default/in arrears/up-to-date) Default
            • Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group
            2013
            letter received advising DD cancelled
            letter received 87 (1)
            letter advising proposal from Stepchange
            statement received

            2014
            letter arrears notice
            advising receipt of payment from Stepchange
            Arrears notice
            statement

            2015
            arrears notice
            receipt of payment from stepchange
            arrears notice
            advising re kept of payment proposal
            statement

            2016
            arrears notice
            arrears notice
            thanks us for letting them know about Stepchange
            letter advising transferring account to PRA
            statement
            letter from PRA advising purchased account
            letter from Barclays advising formal notice of transfer

            2017
            letter from PRA account summary
            letter from PRA 86B

            2018
            I requested CCA with £1 PO
            they sent back PO account on hold
            letter enclosing copy statements but stating
            ​​​they are currently unable to provide a copy of original agreement so cannot satisfy my request. This does not mean that debt has been written off despite being unenforceable!!!!!

            Well that's all debts typed out. Thank you if you are still awake. I would just mention that loans except the biggy were all done online, I don't know if this changes things ???
            Any help whatsoever would be gratefully received. Xx
            This may well be one for Diana Mayhew should you ever get anything close to a letter of claim . As it is £18.5K it would go fast track and there would be cost implications so getting proper legal advice would be very important.

            Comment


            • #21
              Any help as to if I should be paying? Thanks

              Comment


              • #22
                Hi

                Have you currently stopped paying any/all of these accounts?


                With regard to Debt 2 (Barclays overdraft) what was Barclays response to your CCA request? (There is a CCA request template for overdrafts, but leave that for the moment.) I would not be making any further F&F offers for the time being.

                Debt 4 MBNA card. I would do nothing for the time being, as the they are in default until such time as they produce the agreement in response to your CCA request. Was that sent by recorded delivery by the way?

                Debt 5 Barclaycard - how long ago did PRA send the agreement which Niddy thinks is UE, and have they written again since? I think I would be inclined to await their next communication.


                See also Warwick5's earlier comments regarding the various debts.

                Other folk will probably be along with more opinions.

                Comment


                • #23
                  I suggested a SAR but see Di's comment "..My advice is the OP should not send anything to anyone until the full facts are known..."
                  So we need to understand the full facts with this Barclays connection!! Barclays and your relationship with that Bank needs fleshing out

                  debt 2 Overdraft 20+ years
                  debt 3 Barclayloan Plus 2011

                  Reference debt 6
                  Originally posted by Floridajen View Post
                  Hi
                  NO PPI that we are aware of
                  background = loan taken out online just to help pay other debts etc took about 10 mins in total if I remember correctly
                  Nothing mentioning Mercer
                  Thanks
                  Getting back to your background comments. Were these other debts with Barclays? In other words a Consolidation of other Barclay Debts?
                  Such as overdraft(s). Cards debit, existing and prior loans at that time?. I say this because of debt 2 and debt 3 with Barclays
                  Were Barclays aware that this was a Consolidating Loan?

                  The question reference PPI extends to these other repaid debts as well by the way!
                  Still Waving has dealt with Debt 4 (but is debt 5 also part of the back ground with the Consolidation Loan?)

                  Comment


                  • #24
                    Originally posted by Still Waving View Post
                    Hi

                    Have you currently stopped paying any/all of these accounts?


                    With regard to Debt 2 (Barclays overdraft) what was Barclays response to your CCA request? (There is a CCA request template for overdrafts, but leave that for the moment.) I would not be making any further F&F offers for the time being.

                    Debt 4 MBNA card. I would do nothing for the time being, as the they are in default until such time as they produce the agreement in response to your CCA request. Was that sent by recorded delivery by the way?

                    Debt 5 Barclaycard - how long ago did PRA send the agreement which Niddy thinks is UE, and have they written again since? I think I would be inclined to await their next communication.


                    See also Warwick5's earlier comments regarding the various debts.

                    Other folk will probably be along with more opinions.
                    Hi thanks for your reply.

                    I have not paid any since May when I sent CCA's
                    Barclays overdraft they just said no to my F & F offers.
                    Barclaycard - PRA sent the agreement back last month and nothing since.

                    Comment


                    • #25
                      Originally posted by Roger View Post
                      I suggested a SAR but see Di's comment "..My advice is the OP should not send anything to anyone until the full facts are known..."
                      So we need to understand the full facts with this Barclays connection!! Barclays and your relationship with that Bank needs fleshing out

                      debt 2 Overdraft 20+ years
                      debt 3 Barclayloan Plus 2011

                      Reference debt 6


                      Getting back to your background comments. Were these other debts with Barclays? In other words a Consolidation of other Barclay Debts?
                      Such as overdraft(s). Cards debit, existing and prior loans at that time?. I say this because of debt 2 and debt 3 with Barclays
                      Were Barclays aware that this was a Consolidating Loan?

                      The question reference PPI extends to these other repaid debts as well by the way!
                      Still Waving has dealt with Debt 4 (but is debt 5 also part of the back ground with the Consolidation Loan?)
                      Thanks for your reply.

                      The big Barclay loan was indeed to consolidate others loans which Barclays somehow seemed to allow us to take out online.
                      Aas far as we are aware there was no PPI on any of them.

                      Comment


                      • #26
                        Originally posted by Floridajen View Post

                        Thanks for your reply.

                        The big Barclay loan was indeed to consolidate others loans which Barclays somehow seemed to allow us to take out online.
                        Aas far as we are aware there was no PPI on any of them.
                        Well Note this S. 77/78 the reason is within the CCA 1974 are different types of Credit. Each of these types with distinctly different CCA regulations.
                        Its not a New Debt in 2013 with a CCA the Consolidated Loan is actually like some kind of patchwork of different existing CCA Credit types. each with different CCA's and this with Barclays knowledge and agreement. These sources? do they still exist but with reduced balances?


                        This is the Full facts which Di was asking for.

                        Comment


                        • #27
                          Yes i think so.
                          does anyone who if niddy thinks two of my debts are enforceable , should I restart paying them?

                          Comment


                          • #28
                            To answer your question about the debts you THINK are enforceable.

                            While a CCA request is a good starting point there are many ways a debt may be unenforceable in court even if the agreement is good.

                            Examples include
                            A bad S87 Default Notice
                            A bad assignment
                            Non compliance with regulatory notices

                            The loan from barclays- was this just a loan paid into your bank account with the intention of you paying off the other debts or was it set out in some other way ?

                            many years ago Barclays combined a loan and an overdraft and got a CCJ against me and my ex . Clearly if I had known then what i know know, it would not have happened but there you go. I stopped paying it in 2012 and heard nothing since.

                            Comment


                            • #29
                              Originally posted by Warwick65 View Post
                              To answer your question about the debts you THINK are enforceable.

                              While a CCA request is a good starting point there are many ways a debt may be unenforceable in court even if the agreement is good.

                              Examples include
                              A bad S87 Default Notice
                              A bad assignment
                              Non compliance with regulatory notices

                              The loan from barclays- was this just a loan paid into your bank account with the intention of you paying off the other debts or was it set out in some other way ?

                              many years ago Barclays combined a loan and an overdraft and got a CCJ against me and my ex . Clearly if I had known then what i know know, it would not have happened but there you go. I stopped paying it in 2012 and heard nothing since.
                              From what I can remember it was arranged over the phone and debts paid off from it.
                              Thanks for your help

                              Comment


                              • #30
                                Originally posted by Floridajen View Post

                                From what I can remember it was arranged over the phone and debts paid off from it.
                                Thanks for your help
                                Simply put the reason for the consolidation was known and approved by Barclays (at the Phone) no doubt recorded and therefor available! The money made available for that express purpose!

                                Comment

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