Morning folks, Looking for to see if there is any advice or actions I need to take on the text message and letter I received from Barclaycard relating to a credit card debt that defaulted 2017 and was sold on to PRA. CCA'd and they provided a reconstituted document which was deemed bog roll. Text message from Barclaycard: Letter I received from them today: is this an admission of irresponsible lending or anything that could be used to wipe some of the balance etc. Thanks in advance.

Thank you. What is missing from the document they did send through originally? (Post 10) To me I don't see; Signed/Tick box. No Date. No reference to card limit? If they supplied the above would that make it enforceable? The other thing that gets me is the mention of USwitch, it's alleged I applied via there, but until 2019 I didn't have a USwitch account?

Just continue to ignore them then or anything I can do to put it to bed for now? Sent SAR off to Virgin today.

Received a threatogram from Cabot, stating how seriously they take this, and how they have given me ample time to respond. They are giving me 9 days to respond to this letter otherwise they will look into other options to collect. This may include a doorstep agent coming to discuss the account.

MIm a bit puzzled by it also but the only thing Cabot ever sent was the electronic application for credit which wasnt dated or signed and the generic T&Cs and a statement showing payments to Cabot prior to CCA request. It may just be that Virgin dont have the records which will be good news for me? Back to work on Thursday so will print off a SAR and send.

Thanks for all the help with this one dx100uk I appreciate it. Not sure I follow, your comment about the date varies, I only recall ever saying I took it out in 2016, there were other ones unrelated to this from earlier dates, but that to the side, it's good to know SB is 5 years in Scotland. I'll send a written SAR as advised here and and see what comes of it in time. Thanks again.

I agree bugger all to do with Cabot - I'm saying MBNA are not the party at fault, as the issuing bank is Virgin. MBNA stopped issuing Virgin cards in 2014 and Virgin became their own entity - which is why my original SAR to MBNA came up with no information to give me. ICO recommend I send a letter to Virgin and give them the allowed amount of days to respond so that there is an evidence trail if it needs to go further.

Yep mentioned that but the poor girl had no clue what I was talking about. Think MBNA are innocent on this one since they have nothing to do with the card. What do I need to say to ICO do we have a template letter?

Called up again, Virgin still did not want to play ball. Told me I have to still go via Cabot, I told them that's a load of crap and I'm well within my rights under GDPR and data protection laws to request that directly from Virgin. Round and round it went with me being put on hold whilst the poor lass spoke to her supervisor. Ended with we are going to get our back office to look into it and they will call you back, I can't give you an exact time when, and I can't promise you they'll be able to fulfil the request because the process should go via Cabot, but they'll look into it for you. Should I hold out to see whether they respond before going about putting a complaint into the ICO?

Oh yes definitely, the card was from 2016

Not sure, payment I think.

Just received a call back from Virgin saying since the account has been handed off to Cabot, my SAR must go via them?! Seems daft to me?

Hi guys, Did a bit more digging re the MBNA side of things and called Virgin Money tonight, they informed me that MBNA stopped issuing the cards in 2014 and all cards after were issued by themselves, Virgin Money as their own bank/entity. This would explain why MBNA held no info. They also said they are now partners with Clydesdale. I've asked Virgin Money for a SAR and said this should be with me within 30 days. Any further suggestions/reassurance in the interim whilst I wait for the documentation?

Just an update on this, received a letter from Cabot a few weeks ago requesting I get in touch to start making payments, the more I ignore the more I will receive. Sent one two weeks later saying I hadnt responded to their letter from two weeks before and again the more I ignore the more I will receive etc. Seems they are getting a bit more aggressive, keep on ignoring until such a time I receive a letter of/before claim? I read somewhere that PAP doesn't apply in Scotland? Could anyone point me in the right direction for the process I'd need should it come to that? Just so I can be clued up as early as possible. Thanks in advance.

Excellent, so just sit back and leave them to it?

Received a letter from MBNA saying they still couldn't find anything using the account number, name and previous addresses. What's next?

Morning, MBNA replied within the 30 days saying they were unable to locate an account with my details and to reply with any previous name and address. Card was taken out prior to moving however virgin would of had the new address for some time before the default. Given them the benefit of the doubt and provided the previous address. I assume they now have a further 30 days to provide the info?

No further correspondence from Cabot, still awaiting response to SAR from MBNA, Once their calendar month is up for replying to the request is there follow up I need to do on my part?

Ok, are MBNA the parent company or something?

Thanks dx, does anyone know the address for Virgin to send a SAR to it seems the link in the tutorial to check is down?

So pretty much just ignore everything going forward unless it's a letter before action? Anything I should do in the interim so I have a headstart/response ready for further down the line?

So prior to getting sent that "agreement" I had previously offered to settle for around 5% in a bid to just be shot of it entirely. Shortly after that letter turned up in the post. Today I received a letter saying; Thank you for your recent letter. As per our letter dated xxxx we can confirm that your request under the section [77-78] of the consumer credit act 1974 as now been fulfilled. As such your account has been reviewed and unfortunately, we are unable to accept £xxxx in final settlement. However we are pleased to confirm we will accept £xxxx *more than 3.5k on top of what I had offered however about £2k discount still applied* Goes on to say how important it is I contact them prior to making any settlement etc. Am I correct in thinking something doesn't add up? Why offer such a large discount on a balance they day is enforceable

Fantastic, thanks. So still in default of CCA request and that would be the response if the solicitors get in touch?

Morning, Attached the full document I was sent, the very last page just has a statement of previous payments made. Cabot_CCA_Redacted.pdf

Evening all, I sent Cabot a CCA request in November 2018 with regard to a virgin cc from 2016, they replied around January saying they could not find the agreement and therefore it was unenforceable. I stopped paying them. Today I received a letter from Cabot stating that they have enclosed all of the relevant information following my request. In the even that we have provided a reconstituted true copy of your credit agreement, for the avoidance of doubt this complies with the Consumer Credit (cancellation notices and copies of documents) Regulations 1983 and therefore complies with the obligations set out in section 77-78. They consider the agreement is now enforceable and therefore we are entitled to obtain a County Court Judgement against you. However, we would prefer that you work with us to set up a repayment plan to settle your outstanding balance. It then goes on to tell me about the balance thats owed etc. They have attached what they deem to be the agreement. It's then followed by some generic T&C's from Virgin followed by a statement of previous payments to Cabot prior to the CCA. Whilst the name and address were correct on the agreement I find it very odd that it has a sentence saying I applied for the card through Uswitch Limited - I have NEVER used Uswitch to apply for a credit card (another site was used) - any advice on this? It also doesn't appear to state whether it is a reconstituted agreement, it doesn't have a date the agreement was taken out, a credit limit or signature (not that it would since it was an online application). Any advice on what one should do next?