Grassy_K's Unenforceability Diary

[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.

08/03/15 - Response from Lloyds after 5 months!! Please find enclosed a copy of your signed agreement (illegible) - we are satisfied the terms were present on the agreement but we can't supply them at the moment. Whilst we cannot supply them we will not be seeking to enforce the agreement. You still need to pay us blah blah etc. etc.

I'm keeping that letter very safe! Result! Thank you to all who help me occasionally on this wonderful forum

09/05/2015 - Wetcloths - OUR ENQUIRIES HAVE SHOWN THAT YOU ARE CONFIRMED RESIDENT AT THIS ADDRESS - Duh, unenforceable, losers! Filed.

[Enforcer]

Re: Grassy_K vs Nasty Banks

All that they sent to MKDP was 2 sets of terms and conditions. Copy had my name and address on it, but was never sent to me. Seems usual tactics of Barclaycard when they have an unenforceable one.

[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

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

27/3/15 - I knew it was too good to last - it's been so quiet recently apart from the usual useless DCA drivel, but now PRA have resurfaced enclosing the missing T&C's. No threats yet, but require me to make contact by 19th April.

[/COLOR]

Don't stress, see what they send next.......

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

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.
17/11 - Strange response from Aktiv Kapital (or PRA group as they have now rebranded...) stating that the upgrade agreement prevails and can we please have some money. But I think the upgrade agreement is still defective. Contacted Niddy.
14/1/15 - PRA Group letter - you need to pay us.
15/1/15 - Sent Niddy custom letter back ("upgrade unenforceable")
19/1/15 - The Niddy Special letter seems to have done the trick for the moment. PRA haven't responded to the contents of the letter, they have simply written to advise that the account is on hold while they attempt to obtain further information from the original creditor. Will await their next chess move.... Thanks Niddy!

27/3/15 - I knew it was too good to last - it's been so quiet recently apart from the usual useless DCA drivel, but now PRA have resurfaced enclosing the missing T&C's. No threats yet, but require me to make contact by 19th April.

[Pixie]

Re: Grassy_K's Unenforceability Diary

Lying low's best at times.

Fab news from Lloyds

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I'd be tempted to do exactly that.

I'd give them such a wet signature that it smudged when put in the envelope.


If they could not find the missing terms in September, how did they find them four months later?

Were they part of the original terms and conditions, or had they been added subsequently?

Looked like a paper and scissors job to me. I was going to scan and send to Niddy for evaluation but Link have gone very quiet since I sent them a SWID 2 months ago, so sleeping dogs and all that... I'm hoping I'm in the "too difficult to deal with" file.. along with my Link Barclaycard where they sent a UE recon but not heard a peep for months now. Lying low...

[CleverClogs (RIP)]

Re: Grassy_K's Unenforceability Diary

Co-Op Platinum Card
17/07 - Letter received from Co-Op. No CCA for you, son... "We first require a wet signature in order to verify your identity".

I'd be tempted to do exactly that.

I'd give them such a wet signature that it smudged when put in the envelope.

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.

If they could not find the missing terms in September, how did they find them four months later?

Were they part of the original terms and conditions, or had they been added subsequently?

[CleverClogs (RIP)]

Re: Grassy_K's Unenforceability Diary

Cough... yes... my nice neat filing.. hmmm... OK, will do Mrs D

At least put it in the appropriate tatty shoe box.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

fab new Grassy, just you add that to your nice neat filing, carefully

Cough... yes... my nice neat filing.. hmmm... OK, will do Mrs D

[MrsD]

Re: Grassy_K's Unenforceability Diary

fab new Grassy, just you add that to your nice neat filing, carefully

[nanna58]

Re: Grassy_K's Unenforceability Diary

Wowzers xxxxx

[greymatter]

Re: Grassy_K's Unenforceability Diary

Absolutely

[Deepie]

Re: Grassy_K's Unenforceability Diary

Hey well done ......

[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.

08/03/15 - Response from Lloyds after 5 months!! Please find enclosed a copy of your signed agreement (illegible) - we are satisfied the terms were present on the agreement but we can't supply them at the moment. Whilst we cannot supply them we will not be seeking to enforce the agreement. You still need to pay us blah blah etc. etc.

I'm keeping that letter very safe! Result! Thank you to all who help me occasionally on this wonderful forum