Grassy_K's Unenforceability Diary

[Pixie]

Re: Grassy_K's Unenforceability Diary

A Merry Christmas and a Happy New Year to you too Grassy K

[IF]

Re: Grassy_K's Unenforceability Diary

Merry Christmas and Happy New Year to you too Grassy_K

Best wishes
IF

[nanna58]

Re: Grassy_K's Unenforceability Diary

A great Christmas to you and happy new year Grassy xxxxx

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi all, just popping in for a quick update, nothing to report, all is quiet at the moment apart from a letter every couple of weeks or so from a random creditor.

I've not progressed anything with Link or Quickquid/ARC, been too busy at work and in my personal life. I probably should have done but just hoping everything stays quiet. 4.5 more years to go....

Merry Christmas and Happy New Year to all who help out on this great forum and to all those struggling with debt.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Co-Op Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange up to June - nothing since then

Account owner: Co-Op

30/06 - CCA request sent to Co-Op
17/07 - Letter received from Co-Op. No CCA for you, son... "We first require a wet signature in order to verify your identity". They kindly enclose a stamped addressed envelope for this purpose.
18/08 - Bad copy of signed application form received (ie hard to read) but can't see any terms
19/08 - Uploaded docs to AAD for enforceability checking
20/08 - Niddy says - missing prescribed terms letter sent
16/09 - Reply from Co-Op : "Please find a larger copy of your agreement (blown up to A4 size but still barely legible and missing prescribed terms) - we note your comments regarding the previous copy but this is the best we are able to produce from our archives"
4/11 - Letter from Co-Op - threats re further action/legal action (not a LBA)
13/11 - Popped off a reply along the lines of: account in dispute, please refer to previous letter.
24/11 - Co-Op - we've received your complaint and are dealing with it
23/12 - Co-Op - sorry we haven't resolved your complaint yet, we're still dealing with it
15/1/15 - Asset Link Capital c/o Link Financial Outsourcing - Co-Op have sold us your debt, pay up!
17/1/15 - SWID/complaint sent to Asset Link
23/1/15 - Complaint response from Co-Op. You had the card, and used it, you owe. And here's the missing terms. You're now with Asset Link so speak to them if you have any more queries.

So my SWID has crossed over in the post with Co-Op's response and possible rectification of UE. I'll have to scan and upload to Niddy to take a look at them, see if this is now EN and then work out my next course of action.

7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.

I never did scan and upload the docs previously for Niddy to take a look at, as I wasn't under any pressure and forgot, so that will be my next move. No rush as I have a month. Suffice to say, Link will not be receiving any I&E from me...

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Quick update, all is mercifully quiet at the moment, just a slow stream of DCA drivel but nothing even vaguely threatening.

Every time I relax something bad pops up, so hopefully this time they will stay quiet!

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good luck k grassy x

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Ok so based on their own admission they should not have been making threats of court action. As they have no legal assignment of the debt, they cannot make a court claim against you - only the legal assignee of the debt (that is currently the original creditor currently in your case) can do that!

If you get any more letters from Arc then you can ignore them until such time they tell you they have been given assignment of the debt.

Apologies if I asked this before - when was this alleged account opened?

Thanks very much SnV - alleged account was opened in late 2012, from memory. Originally as a bog standard payday loan and then it went to Flexcredit.

I will sit tight, keep my head down and ignore.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

We are writing in response to your recent letter.

At this stage, we believe it will be helpful to confirm our standing in this matter. We are ARC (Europe) Ltd, a debt recovery agency, to whom this account was passed on 10 July 2015 with instructions to contact you and arrange for repayment of the balance which remains outstanding to our client.

We have not purchased this debt nor have we taken legal assignment. We are acting as appointed agents under instruction from our client. We therefore do not own this account and do not have the authorisation to close this account and/or write-off the balance.

As we were not involved in the formation of the loan agreement you have with our client, we are therefore not responsible for responding to your complaint. We have placed this account on hold and forwarded your email to our client in order for them to log your complaint and respond accordingly.

In the event that we remain instructed on this matter once our client has responded to your complaint, we will contact you in writing as per your request.

Yours Sincerely, Blah blah

Ok so based on their own admission they should not have been making threats of court action. As they have no legal assignment of the debt, they cannot make a court claim against you - only the legal assignee of the debt (that is currently the original creditor currently in your case) can do that!

If you get any more letters from Arc then you can ignore them until such time they tell you they have been given assignment of the debt.

Apologies if I asked this before - when was this alleged account opened?

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

We are writing in response to your recent letter.

At this stage, we believe it will be helpful to confirm our standing in this matter. We are ARC (Europe) Ltd, a debt recovery agency, to whom this account was passed on 10 July 2015 with instructions to contact you and arrange for repayment of the balance which remains outstanding to our client.

We have not purchased this debt nor have we taken legal assignment. We are acting as appointed agents under instruction from our client. We therefore do not own this account and do not have the authorisation to close this account and/or write-off the balance.

As we were not involved in the formation of the loan agreement you have with our client, we are therefore not responsible for responding to your complaint. We have placed this account on hold and forwarded your email to our client in order for them to log your complaint and respond accordingly.

In the event that we remain instructed on this matter once our client has responded to your complaint, we will contact you in writing as per your request.

Yours Sincerely, Blah blah

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Apologies, work's been manic - here's my little update. ARC replied speedily to the letter and kinda distanced themselves from the issue saying it is Quickquid's issue because they still own the debt, and they are 'just agents for them' or words to that effect.

Hi Grassy

Can you also post up the letter that Arc sent please, or what they said exactly.

Depending on what they have subsequently stated they may not have had any legal basis to make threats of court action.........

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Here it is in all its glory.

Dear Scum,
Customer # xxxxx

Thank you for contacting QuickQuid. The contents of your email were duly noted. We apologise if there was any delay in responding to your complaint.

Your query raised several questions on what loan affordability is based on and what statutory checks are processed before assessing credit approval. Please be advised of the following information in relation to your query:

-We processed a credit check, the search id: {xxxxxxx} confirms one of the affordability checks that were ran. You can find additional information on checks by contacting Callcredit which is one of the Credit Reporting Agencies we use.

-We also run various checks, which include but are not limited to, affordability assessment based on current financial commitments, as well as verifying any personal details provided on the application.

-After the application was submitted, we send our customers an email which contains the pre-contractual agreement and also contains a hyperlink that leads to an audio version for your convenience.

-Prior to making a lending decision, your loan application is reviewed and all of the information discussed above is analyzed and taken into consideration.

-Once that information is reviewed, we make a decision and subsequently contact the consumer to advise of the final credit decision.

-The contractual agreement advised the amount of APR that would be assessed should the full amount of the credit limit be taken and if the minimum monthly repayment is paid on each payment date. This information is provided prior to signing the contractual agreement.

After careful review of your account and the information you submitted at the time of your application, we have determined that we diligently followed our processes and conducted a credit and affordability assessment on each credit application that was granted. Furthermore, your request for a refund on the charges and fees associated with your loans has been denied. Please find a copy of the contractual agreement attached to this email.

If you have any queries, our Final Resolution Department is here to help.


Kind Regards,

Evan

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Apologies, work's been manic - here's my little update. ARC replied speedily to the letter and kinda distanced themselves from the issue saying it is Quickquid's issue because they still own the debt, and they are 'just agents for them' or words to that effect.

They put the account on hold for 30 days and passed the complaint to Quickquid who sent an amazingly instant rebuttal, copy of electronic contract with relevant bits highlighted and so on, claim for refund of interest is denied. So we are at stalemate. I've another 15 days or so left of the account being on hold.

Can you post up the letter that QQ sent pls (removing personal info)?

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi Grassy

Don't want to be a Nag, but I'm going to be

Have you sent that letter off? If not you're leaving yourself open to encouraging Arc to issue a court claim hoping for a default judgement. If they issue a claim, because of the lack of paperwork you have, its going to be tough to defend, so prevention is better than cure......

Best
SnV

Apologies, work's been manic - here's my little update. ARC replied speedily to the letter and kinda distanced themselves from the issue saying it is Quickquid's issue because they still own the debt, and they are 'just agents for them' or words to that effect.

They put the account on hold for 30 days and passed the complaint to Quickquid who sent an amazingly instant rebuttal, copy of electronic contract with relevant bits highlighted and so on, claim for refund of interest is denied. So we are at stalemate. I've another 15 days or so left of the account being on hold.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Hi Grassy

Don't want to be a Nag, but I'm going to be

Have you sent that letter off? If not you're leaving yourself open to encouraging Arc to issue a court claim hoping for a default judgement. If they issue a claim, because of the lack of paperwork you have, its going to be tough to defend, so prevention is better than cure......

Best
SnV