Moonmonkey's Diary

[Timewilltell]

Can I suggest if you can’t help answering to and speaking to them that you abolish your phone to the filing cabinet until a more suitable time - ie when your brain engages before your lips move!!!! It’s for your own well being you understand not to offend you.

you are your own worst enemy! and some people think we descended from monkeys????

[nightwatch]

Block the number, IF you do speak to them again, do not go through security questions with them, just hang up!

telling them it is invalid, means that they will try harder to find the paperwork.
Although, Barclaycard are known to be really bad at finding all the docs, even some from 2018,
So No talking on the phone

[Moonmonkey]

Barclaycard / Link

Agreement Start Date: 31/05/2005
Feb 20 Balance: £1118.70
Last Payment via Payplan: 15 Feb 2020 £99.61
CCA requested: 27/02/2020
CCA signed for: 02/03/2020

30/03/2020 - Letter received from link apologising for the delay - but Barclaycard have been unable to supply the documents within the 12 working day timescale. Although the account is currently UNENFORCEABLE until such time as the vendors documentation has been received, it remains collectable and they can still add a default etc.

Luckily Default dropped of my CRA's March 2019.

30/04/2020 - Statement of Account from Link

12/08/2020 - Letter received from Link - saying they have been unable to establish a constructive dialogue with your advisor (that will be Payplan) so they have cancelled my payment arrangement and to contact them to discuss repayment.

This is still unenforceable - no mention of the CCA request

September 2020 - picked the phone up to Link - advised that the CCA was outstanding and that why i wont be paying.......

3 days later CCA in the post - address was wrong - they just added last know address.

Niddy says unenforceable

Weekly phonecalls that I am ignoring - i'm a little twitchy about this one though

23/10/2020 - like a plum i picked up the phone to Link (thought it was Oak Furniture Land) - wanting me to set up a payment arrangement. Said that the CCA I received was invalid and i wouldn't be paying. They said they would get the original agreement in the post. Feel i'm making the situation worse

26/10/2020 - Moonmonkey strikes again !!

[Moonmonkey]

I wouldn't worry about getting a Letter of Claim for an unenforceable debt - you know where to find me if you do

Di

Thanks - I feel safer now we are all back together

[Joanna Connolly Solicitors]

sorry they haven't sent me a letter of claim - but im worried (twitchy) that they will

I wouldn't worry about getting a Letter of Claim for an unenforceable debt - you know where to find me if you do

Di

[Moonmonkey]

Would you like me to take a peek at Link's Letter of Claim? Email it to me if you do

Di

sorry they haven't sent me a letter of claim - but im worried (twitchy) that they will

[Joanna Connolly Solicitors]

thank you Di - in my mind they are sitting there thinking they have complied and i'm sitting here thinking its unenforceable. They then send a letter before claim and i Sh#t my pants

Would you like me to take a peek at Link's Letter of Claim? Email it to me if you do

Di

[Moonmonkey]

And it's a positive update since the credit agreement has been deemed unenforceable

No need to feel twitchy

Di

thank you Di - in my mind they are sitting there thinking they have complied and i'm sitting here thinking its unenforceable. They then send a letter before claim and i Sh#t my pants

[Joanna Connolly Solicitors]

Only update really since the AAD Lockdown

And it's a positive update since the credit agreement has been deemed unenforceable

No need to feel twitchy

Di

[Moonmonkey]

Barclaycard / Link

Agreement Start Date: 31/05/2005
Feb 20 Balance: £1118.70
Last Payment via Payplan: 15 Feb 2020 £99.61
CCA requested: 27/02/2020
CCA signed for: 02/03/2020

30/03/2020 - Letter received from link apologising for the delay - but Barclaycard have been unable to supply the documents within the 12 working day timescale. Although the account is currently UNENFORCEABLE until such time as the vendors documentation has been received, it remains collectable and they can still add a default etc.

Luckily Default dropped of my CRA's March 2019.

30/04/2020 - Statement of Account from Link

12/08/2020 - Letter received from Link - saying they have been unable to establish a constructive dialogue with your advisor (that will be Payplan) so they have cancelled my payment arrangement and to contact them to discuss repayment.

This is still unenforceable - no mention of the CCA request

September 2020 - picked the phone up to Link - advised that the CCA was outstanding and that why i wont be paying.......

3 days later CCA in the post - address was wrong - they just added last known address.

Niddy says unenforceable

Weekly phonecalls that I am ignoring - i'm a little twitchy about this one though

Only update really since the AAD Lockdown

[Moonmonkey]

Barclaycard / Link

Agreement Start Date: 31/05/2005
Feb 20 Balance: £1118.70
Last Payment via Payplan: 15 Feb 2020 £99.61
CCA requested: 27/02/2020
CCA signed for: 02/03/2020

30/03/2020 - Letter received from link apologising for the delay - but Barclaycard have been unable to supply the documents within the 12 working day timescale. Although the account is currently UNENFORCEABLE until such time as the vendors documentation has been received, it remains collectable and they can still add a default etc.

Luckily Default dropped of my CRA's March 2019.

30/04/2020 - Statement of Account from Link

12/08/2020 - Letter received from Link - saying they have been unable to establish a constructive dialogue with your advisor (that will be Payplan) so they have cancelled my payment arrangement and to contact them to discuss repayment.

This is still unenforceable - no mention of the CCA request

Boring update - will file, although my 10 month old daughter has eaten most of it. She thought the I&E budget form was delicious

[Joanna Connolly Solicitors]

shhhhhhh it was 60% and i got told off for it, but at the time i wanted it gone as enforceable.

Who told you off and why?

The credit agreement may have been enforceable but that's not necessarily the same thing as the debt being unenforceable especially if there is non-compliance with their other statutory duties or assignment issues.

This debt was sold to Link

Di

[Moonmonkey]

Hi Moonmonkey how much you paid to settle with MBNA ? percentage of total debt.

shhhhhhh it was 60% and i got told off for it, but at the time i wanted it gone as enforceable.

[johnbruce]

yeah it was the MBNA one - enforceable confirmed by NID - settled the account.

Hi Moonmonkey how much you paid to settle with MBNA ? percentage of total debt.

[Moonmonkey]

Maybe because most of your debt owners have been unable to comply with your s77-79 CCA Requests?

Which of your debts received a response and was it compliant ? (signpost me to the post).

Di

yeah it was the MBNA one - enforceable confirmed by NID - settled the account.