Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Barclaycard #3

Date commenced: Approx. 2002

Approx Balance £2500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)
Account owner: IDR Finance II Ltd c/o Link Financial Outsourcing Ltd

20/08/13 Court threat (letter before action) from Link despite making token payments as agreed (claimed £5 short although it wasn't.. paid up to get rid of them)
30/06 - CCA request sent to IDR Finance via Link
14/07 - Reply from Link - as you are aware, this account was assigned from Barclaycard to IDR Finance in 2013, as such we do not hold the documentation. We have requested the documents including the most recent terms and conditions from Barclaycard and "very much look forward" (???) to providing you with them shortly. Please be aware that this may take up to 30 days.

30/07 - Update - S78 Reply received directly from Barclaycard. I deem this to be because it is just two sets of terms and conditions - no application form, no signature, no date. "Terms and conditions received" letter will be going off to LINK at the weekend.

7/5/2015 - Letter from my old friends at Link after a long absence, nothing threatening just asking for payment proposals. Popped off a little reminder that the account is in dispute and to read my letter from August 2014

13/5/2015 - Pre action letter from Link on behalf of IDR Finance - unless payments resume by 19/05, we intend to commence court proceedings.

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.

[PlanB]

Re: Grassy_K vs Nasty Banks

I didn't send the LBA letter in the end, thought I'd wait for their next move.

Was that wise?

I mean not sending the LBA response template letter to a possible LBA dated 13th May. What was the deadline they set for a response? Can you email me a copy of that possible LBA letter using planB@all-about-debt.co.uk

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.

Are they ignoring your letters or are you ignoring their letters

Do be careful

Plan B x

[The Tech Clerk]

Re: Grassy_K's Unenforceability Diary

LBA off 1st class recorded delivery is mt thoughts?? what do the others think, cannot hang around now???/

[Spud]

Re: Grassy_K's Unenforceability Diary

LBA off 1st class recorded delivery is mt thoughts?? what do the others think, cannot hang around now???/

I am inclined to agree with TC, If you don't send it and they issue you might lose some protection and concede a little "ground". If you send it and they don't issue there is nothing lost.... win win

Take a look at the template to make sure it makes sense and is applicable to your situation, It may need tweaking slightly? Remember not to be tempted to tell them in any detail where they have gone wrong, Keep it general along the theme of the templates. Any issue post up and we will get you sorted. Don't take the chance as they will most probably be hoping you will not reply and then issue a claim hoping that you don't reply in time and them winning by default.


By not replying you are sending them the wrong signals, It will encourage them more. Its the people who reply back with solid arguments that are most likely to be put to the bottom of the pile.....Think about it....They want the easy pickings. They will be prepared to write off a certain percentage of their accounts based purely on a commercial decision. They will balance the cost of getting this to court and their own legal fees to recover what £2,500....At potentially £1 week for the next 1000 years ect


Its a difficult balancing act but if we can make you one of the 5% that they write off as too risky/Too costly/Or they know they don't have the docs ect then that is the game we are playing. Yes they will threaten court, Yes they will always maintain that they are right/You are liable/They have complied with your CCA request ect, They would wouldn't they?

They may even issue a court summons just to see what you come up with in your defence, Then play the game right to the end and not bother turning up on the day as by then it costs them nothing extra.

You say they have not replied to your communications, Even better, Keep your proof of posting ect. If it does get to court they are helping you to win as it wont reflect very well on them will it?


I would get this off Tuesday morning as TC suggests

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Send the LBA Grassy - if you don't and they issue a claim, you're risking a lot.

It it costs a stamp. Send one ASAP.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Was that wise?

I mean not sending the LBA response template letter to a possible LBA dated 13th May. What was the deadline they set for a response? Can you email me a copy of that possible LBA letter using planB@all-about-debt.co.uk



Are they ignoring your letters or are you ignoring their letters

Do be careful

Plan B x

Thanks PlanB sending over now. They are ignoring my letters, I have been responding to them.

[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?

[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

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.

[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?

[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

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

When did you last send a CCA request?

[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

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