Grassy_K's Unenforceability Diary

[PlanB]

Re: Grassy_K vs Nasty Banks

26/03/2015 - Yet another letter from the shysters at Link! As I have failed to comply with the previous letter and notice the entire balance will become payable in 7 days from date of letter (2 days from now!). No mention of court this time but clearly that's on the cards given the previous letter. To be honest I could pay the arrears if necessary, for the sake of the £5 per month I was paying before, to avoid further action. I don't particularly want to but if it's for the best, it is an option here.

That's because you didn't remedy the breach within the time-frame set out in the DN which they sent you on 5th May. They can now demand the full outstanding balance.

It's too late to pay the £49 now and anyway that will delay the possibility of the debt becoming SB one day if that is your mission.

I haven't read back through your thread to know the full history, I've only reacted to the here and now.

What I will say is if/when you get letters please post on your thread as fast as possible so we can help you to respond quickly and accurately.

We suggested you send a LBA response letter because you said you'd had a threat of legal proceedings. What you actually got was a routine Default Notice so the LBA response wasn't the best option available to you - sending a CCA request would have been more appropriate which you have now done. In fact you've done both so you're well covered.

Plan B x

[PlanB]

Re: Grassy_K's Unenforceability Diary

One member recently lost to MKDP on a case that was UE and ended up with a CCJ of £8000.00

Really? Can you PM me with the details

I beat MKDP in court only last week.

It was an ex-Barclaycard debt riddled with paperwork flaws.

I'm more than happy to help any member with a Barclaycard debt purchased by MKDP.

They make the same mistakes every time.

Plan B x

[Enforcer]

Re: Grassy_K's Unenforceability Diary

I agree, new CCA request, Barclaycard will send usual template letter, then page 1 with your name and address followed by 5 pages of terms and varied conditions, there will be nothing that remotely looks like an agreement. Barclaycard will state that they have complied! The DCA will then send a letter saying that as Barclaycard have complied, your debt is now once again, enforceable. We know that this is bullshit! Listen to our members, we have gone through this process. One member recently lost to MKDP on a case that was UE and ended up with a CCJ of £8000.00 just didn't take advice!!

[PlanB]

Re: Grassy_K's Unenforceability Diary

I'll do that then. Thanks for all your help.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Their reply to your new CCA request will supersede any documents sent in response to any previous replies.

We'll run forensics over the new response

Plan B x

I'll do that then. Thanks for all your help.

[PlanB]

Re: Grassy_K's Unenforceability Diary

no-one at AAD has looked at the CCA they provided but it really is just 2 sets of terms with my old address blue-petered onto them - i.e. standard Barclaycard CCA response. Is it worth sending this across?

Their reply to your new CCA request will supersede any documents sent in response to any previous requests.

We'll run forensics over the new response

Plan B x

[PlanB]

Re: Grassy_K's Unenforceability Diary

CCA request was made on 27th June 2014.

In which case I see no harm in you sending another CCA request since nearly a year has lapsed from the last one. This may help you to protect your legal position for a bit longer.

The new DN they've just sent you makes me say that. I'm probably overreacting but they do seem to be getting their paperwork in order.

Relax but don't relax too much. Send off a CCA request.

# beltandbraces

Plan B x

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

When did you last send a CCA request?

CCA request was made on 27th June 2014.

[PlanB]

Re: Grassy_K's Unenforceability Diary

When did you last send a CCA request?

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Okay I'll take a second look at the DN. The image you sent wasn't too clear.

I think you need to analyse the threat before you analyse the potential defence.

All you've sent me (or at least all I have received) is a DN. If there's a threat letter then please post it on the thread with your personal details removed/redacted.

That way Niddy and the rest of us can see exactly what is/isn't going on.

Plan B x

The threat is on the default notice, the paragraph containing the words "The intended action is.... to commence court proceedings against you for recovery" - sorry if the copy wasn't very clear PlanB.

[PlanB]

Re: Grassy_K's Unenforceability Diary

Okay I'll take a second look at the DN. The image you sent wasn't too clear.

I think you need to analyse the threat before you analyse the potential defence.

All you've sent me (or at least all I have received) is a DN. If there's a threat letter then please post it on the thread with your personal details removed/redacted.

That way Niddy and the rest of us can see exactly what is/isn't going on.

Plan B x

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I should add that no-one at AAD has looked at the CCA they provided but it really is just 2 sets of terms with my old address blue-petered onto them - i.e. standard Barclaycard CCA response. Is it worth sending this across?

[Grassy_K]

Re: Grassy_K vs Nasty Banks

I certainly did.

I'm studying it because it seems to be Default Notice dated 26th February 2013 with a pay-by (to remedy the breach) date of 19th May 2015. It refers to arrears of only £49 due - unless my eyes are deceiving me. Please clarify.

Was there a covering letter with this DN?

Plan B x

Default notice with court threat is definitely dated 5 May 2015 at the top of the letter. I think the Feb 2013 date refers to the date of assignment to Link from Barclaycard.

The arrears referred to are the sum of the nonexistent £5 payments, under the old DMP arrangement, that I was making up until 10 months ago when I sought to go down the UE route. Presumably they applied my £1 CCA PO to payments. There was no covering letter with it.

Latest letter says that agreement will be cancelled, and full payment of the 2.5k will be due, if the payment arrangement arrears not brought up to date within 2 days.

[PlanB]

Re: Grassy_K vs Nasty Banks

PlanB - did you receive my email ok?

I certainly did.

I'm studying it because it seems to be Default Notice dated 26th February 2013 with a pay-by (to remedy the breach) date of 19th May 2015. It refers to arrears of only £49 due - unless my eyes are deceiving me. Please clarify.

Was there a covering letter with this DN?

Plan B x

[Grassy_K]

Re: Grassy_K vs Nasty Banks

23/05/2015 - Letter from Link dated the day before their above payment deadline - you need to contact one of our ACCOUNT OFFICERS now. No response to any of my correspondence still. I didn't send the LBA letter in the end, thought I'd wait for their next move. Blimey, they really have well and truly woken up on this one! How can I put them back in their box? They're just ploughing on and ignoring all letters.

26/03/2015 - Yet another letter from the shysters at Link! As I have failed to comply with the previous letter and notice the entire balance will become payable in 7 days from date of letter (2 days from now!). No mention of court this time but clearly that's on the cards given the previous letter. To be honest I could pay the arrears if necessary, for the sake of the £5 per month I was paying before, to avoid further action. I don't particularly want to but if it's for the best, it is an option here.

I've sent off the LBA but it seems their strategy is just to ignore everything I send them and steamroller me into either paying or a courtroom.

PlanB - did you receive my email ok?