Grassy_K's Unenforceability Diary

[Spud]

Re: Grassy_K's Unenforceability Diary

Thanks Spud. I'm afraid the letter has already gone out to them:




I can see your point. I hope I haven't buggered things up. My aim was to get them to close the account and not issue a claim in the first place.

There is no need to worry, Sorry I did not mean to alarm you.......Blimey that is all you need

What you have sent is good as it reinforces the message that you know your onions and wont be a pushover! It certainly wont "bugger" anything up so all is well. There are no hard and fast rules on what/How to reply but the general rule is never to take the fight to them........Just fight the flames they send you with legislation/Complaint ect

I was more concerned that you were going to point out all the flaws to them ( List style !!!) Whatever you do, Don't do that !

Its hard to resist the temptation to get this sorted over a few frank letters but the truth of the matter is you are playing the long game........Time is your friend in this matter.

Let them muddle it up on their own, Just keep making your notes as these things happen as all these things will be the things you rely upon as your defence. As time goes on, things get lost ect ( Not that they can find them anyway ) and its just getting better and better for you

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

There is no need to worry, Sorry I did not mean to alarm you.......Blimey that is all you need

What you have sent is good as it reinforces the message that you know your onions and wont be a pushover! It certainly wont "bugger" anything up so all is well. There are no hard and fast rules on what/How to reply but the general rule is never to take the fight to them........Just fight the flames they send you with legislation/Complaint ect

I was more concerned that you were going to point out all the flaws to them ( List style !!!) Whatever you do, Don't do that !

Its hard to resist the temptation to get this sorted over a few frank letters but the truth of the matter is you are playing the long game........Time is your friend in this matter.

Let them muddle it up on their own, Just keep making your notes as these things happen as all these things will be the things you rely upon as your defence. As time goes on, things get lost ect ( Not that they can find them anyway ) and its just getting better and better for you

Muchas gracias Amigo.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Halifax Platinum Card

Date commenced: Approx. 2004

Approx Balance £9000

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange - not paying since July

Account owner: Aktiv Kapital


30/06 - CCA request sent to Aktiv Kapital
15/07 - Response from AK. Acknowledging request for agreement under S 77-79 of the CCA. Will endeavour to obtain documents within the prescribed time frames. Have put the collection process on hold until the information is provided.
06/10 - Letter from AK enclosing documents. Further to your request here are the documents. Payment proposals within 14 days or we will take further action.
11/10 - Letter to Aktiv - no signature and missing PT's
17/10 - Swift response from Aktiv - here's a document with your signature on it (card upgrade agreement to the Halifax One card) - now pay up or else. [Plus another copy of the T&C's supplied before.]

This isn't looking so good now, and I'm going to send everything to Niddy to be checked.

[Spud]

Re: Grassy_K's Unenforceability Diary

This isn't looking so good now, and I'm going to send everything to Niddy to be checked.

Probably the best thing to do to check where you stand. Even if this does come back as enforceable there are still plenty of options open to you. Keep us updated

[PlanB]

Re: Grassy_K's Unenforceability Diary

Halifax Platinum Card

Date commenced: Approx. 2004

Approx Balance £9000

Account owner: Aktiv Kapital

11/10 - Letter to Aktiv - no signature and missing PT's
17/10 - Swift response from Aktiv - here's a document with your signature on it (card upgrade agreement to the Halifax One card)

This isn't looking so good now, and I'm going to send everything to Niddy to be checked.

Hold your nerve. You're new to this game. Most of us have been 'at it' for years. Don't ever be spooked by a letter from a creditor because these letters are designed to spook you.

Send Niddy a copy of everything that you received from AK in response to your CCA request and let him decide whether they have complied on not.

Can you explain what you mean by a document with your signature on it for your "card upgrade agreement to the Halifax One account" . You opened a credit card account in 2004, so did you sign a new agreement for a new/different credit card account in later years? You have been referring to a Halifax Platinum account not a Halifax One account in your thread. We need to be sure that AK have sent you the correct CCA for the debt which they are currently chasing.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Gimme an hour to catch up

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Can you explain what you mean by a document with your signature on it for your "card upgrade agreement to the Halifax One account" . You opened a credit card account in 2004, so did you sign a new agreement for a new/different credit card account in later years? You have been referring to a Halifax Platinum account not a Halifax One account in your thread. We need to be sure that AK have sent you the correct CCA for the debt which they are currently chasing.

He upgraded from AN Other card to the One Card - the One Card held a good APR if I recall correctly.....

The signature is on the agreement, the upgrade agreement is similar to a CCA - a typical HBOS agreement but the terms they've sent are not those relating to this account in 2004 because they have a different address and they show £12 late fee yet in 2004 it was £20 for a late fee with HBOS.

It's currently UE however it is easy to remedy, I have asked Grassy to elaborate on one point for me after which that could change everything...... He will update later. (We're chatting on the upload agreement thread as it's secure and private)

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

He upgraded from AN Other card to the One Card - the One Card held a good APR if I recall correctly.....

The signature is on the agreement, the upgrade agreement is similar to a CCA - a typical HBOS agreement but the terms they've sent are not those relating to this account in 2004 because they have a different address and they show £12 late fee yet in 2004 it was £20 for a late fee with HBOS.

It's currently UE however it is easy to remedy, I have asked Grassy to elaborate on one point for me after which that could change everything...... He will update later. (We're chatting on the upload agreement thread as it's secure and private)

Thanks Niddy, I've replied to your question (suspect it might be the 'wrong' answer but heigh ho, LOL)

GK

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi Niddy, has the information I sent you in response to your questions changed anything?

Thanks as ever.

GK

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

RBS Mastercard

Date commenced: Approx. 2002

Approx Balance £1700

Date last paid: June 2014

Defaulted: September 2014

11/10 - After letter-based threats culminating in a doorstep visit from a collector (not answered...), I have now received a letter that my debt has been outsourced to Apex Credit Management to collect (a division of Cabot...). I'll just sit tight on this one. They've not purchased the debt, they can't do anything except send threatening letters. I'll save the CCA request for when the debt eventually gets sold off.
23/10 - Letter from Apex - we are instructed to recover the debt in full.... call us now.... (ignored).

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Lloyds Platinum Mastercard

Date commenced: Approx. 2004

Approx Balance £4900

Date last paid: June 2014

Defaulted: 2012?

Status: Not paying since June 2014

Account owner: Lloyds (was outsourced to Robbers Way to harrass me despite being on a DMP - after complaint made, Robbers Way returned a/c to Lloyds)

30/06 - CCA request sent to Lloyds
13/07 - Now this is just odd. I've received a single sheet (on Lloyds headed paper) statement for the last 10 months - no letter, nothing. The letter also has Robbers Way name and address instead of Lloyds where the sender's address goes. Perhaps there is more to come, as I hear Lloyds are quite handy with the scissors and glue?
06/10 - Letter from Lloyds - as we have not been able to come to a repayment arrangement, we've instructed a Debt Collection Agency, Akinika (aka Crappy Knickers) to arrange collection of the outstanding debt. Please contact Crappy Knickers as soon as possible on this number xxxx xxxx. Scary stuff indeed (not) - I've changed my phone numbers and place of work, LOL
06/10 - I'll just remind them that they are still in default of my Section 78 request....
24/10 - STILL NO RESPONSE FROM LLOYDS TO MY CCA REQUEST AND MY 2 CHASER LETTERS RE SAID CCA REQUEST - but a lovely letter of introduction from the kind folks at Crappy Knickers who are going to be hassling me unsuccessfully for money for a while, until they get bored. I am to call them "so that they can confirm liability for the debt" - lol, there's no liability whilst in default of a CCA request - letter binned.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Virgin Mastercard (MBNA)

Date commenced: Approx. 2004

Approx Balance £1500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

Account owner: Aktiv Kapital

04/08 - CCA request sent to Aktiv Kapital
14/08 - Response from AK. Acknowledging request for agreement under S 77-79 of the CCA. Will endeavour to obtain documents within the prescribed time frames. Have put the collection process on hold until the information is provided.
27/10 - Letter from Aktiv Kapital - here's your CCA, now pay up. Documentation is good, signed credit agreement with full T&C's, all prescribed terms, correct APR, charges, address at the time etc.
28/10 - Preparing token payment offer

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Halifax Platinum Card

Date commenced: Approx. 2004

Approx Balance £9000

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange - not paying since July

Account owner: Aktiv Kapital


30/06 - CCA request sent to Aktiv Kapital
15/07 - Response from AK. Acknowledging request for agreement under S 77-79 of the CCA. Will endeavour to obtain documents within the prescribed time frames. Have put the collection process on hold until the information is provided.
06/10 - Letter from AK enclosing documents. Further to your request here are the documents. Payment proposals within 14 days or we will take further action.
11/10 - Letter to Aktiv - no signature and missing PT's
17/10 - Swift response from Aktiv - here's a document with your signature on it (card upgrade agreement to the Halifax One card) - now pay up or else. [Plus another copy of the T&C's supplied before.]
28/10 - Niddy says but easily remedied. Recommends sending MPT letter. Will send at the weekend. May need to come up with an offer on this in the future (my thoughts), but blagging for now.

Hi all a little update on the situation with my Halifax card.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Virgin Mastercard (MBNA)

Date commenced: Approx. 2004

Approx Balance £1500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

Account owner: Aktiv Kapital

04/08 - CCA request sent to Aktiv Kapital
14/08 - Response from AK. Acknowledging request for agreement under S 77-79 of the CCA. Will endeavour to obtain documents within the prescribed time frames. Have put the collection process on hold until the information is provided.
27/10 - Letter from Aktiv Kapital - here's your CCA, now pay up. Documentation is good, signed credit agreement with full T&C's, all prescribed terms, correct APR, charges, address at the time etc.
28/10 - Preparing token payment offer

Don't jump in with an offer mate, blag it a while - see how far you can go...... save funds and then in time you might be able to settle as F&F and get rid - that's what we suggest - even a year of a tenner a month is £120 towards an offer instead of paying a measly tenner to the DCA - also as non-payment builds up they'll take a better F&F offer....

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Don't jump in with an offer mate, blag it a while - see how far you can go...... save funds and then in time you might be able to settle as F&F and get rid - that's what we suggest - even a year of a tenner a month is £120 towards an offer instead of paying a measly tenner to the DCA - also as non-payment builds up they'll take a better F&F offer....

Good points but how would you suggest blagging, I do know that Aktiv issue claims.