Grassy_K's Unenforceability Diary

[MrsD]

Re: Grassy_K's Unenforceability Diary

New Year Resolution for Grassy NO BINNING everything filed
Happy New Year!!

[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: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

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....
31/12/14 - Happy New Year from Akinika- your debt remains outstanding, pay up within 7 days. Binned - Lloyds still haven't responded to my request for docs.

[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
30/10 - Change of plan based on Niddy's advice - just leaving it for now

Forgot to update this one in October so here it us.

[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.
31/12/14 - Co-op have had a complaint open re my previous letter for over a month, now. Received a holding letter that they haven't yet been able to resolve it and please wait up to another 4 weeks. Suits me..

[nanna58]

Re: Grassy_K's Unenforceability Diary

Hope it says quiet grassy xxx

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Quick update from me. Nothing much to report, couple of new DCA's on the scene from smaller debts still with the OC (Moorcroft & Apex), usual crappy, impotent letters - nothing to even lose 1 minute's sleep over.

For the rest, the bigger or sold off debts, I confess to having lost the momentum and energy for chasing them, arguing UE or offering token payments, and am simply sitting on my hands until I receive a serious threat, which will no doubt come in due course.

I do have a complaint in with the Co-Op for continuing to chase a UE debt, but this being Co-Op they will no doubt not give in that easily and continue to say it's EN even though missing terms. Apart from that it's spookily quiet and I'm hoping to make it through to the New Year by just keeping my head down!

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

I'll let you know through the night / tmw buddy.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Did you sign a new agreement for the upgrade mate?

I've put some further info on the private upload thread Niddy. Many thanks. In a nutshell - yes but still MPT on the upgrade agreement I think, therefore still UE?

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Did you sign a new agreement for the upgrade mate?

[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.
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.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi folks,

Couple of updates on my diary above. It's all gone nicely quiet, by quiet I mean no serious threats on the radar- usual bunch of DCA drivel, automated letters etc., but even that has calmed down somewhat. I'm paying zilch on 10 debts, token payments to 4 enforceable ones that were looking threatening. Long may it continue. Thanks for all the advice and help on here.

[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.

[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).
10/11 - Apex credit management are "very disappointed" that I have not contacted them about the debt or made a payment. They now believe that I am deliberately trying to ignore or evade the debt and will advise their client accordingly UNLESS I call them!

Poor old Apex seem to be taking it all a bit personally? It's just money, after all.... Letter binned.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Brilliant, Spud. Thanks. I'm surprised your account's not been sold to Lowell's or similar but looking good so far!

[Spud]

Re: Grassy_K's Unenforceability Diary

Sorry, Better late than never.....

OK I stopped paying my Cap one account - Around 2k balance. CCA that came back was good and sadly judged by Niddy as enforceable although I have a sneaking suspicion that although good, The terms that they sent would be different to the original ones ect and if push comes to shove they would not be able to produce them properly.......I could be wrong !!!
Either way, I decided to blag it out a bit....

So, I sent them a series of letters basically stating that they had failed to comply with my CCA request fully and what was received was missing terms ect ( Based upon templates available here) They wrote back stating that they had complied ( They always do) and I just sent them another such letter (missing terms ect)

They have passed me around a few DCA's - I sent the missing P/T's letter - They investigate ( which takes about a month) Then come back to me that Capital One says they have complied - So I send them one which says what has been received does not comply ect - You get the drift!

After about 6 months the DCA passes the account back to Capital One who farm it out to another DCA and the cycle repeats itself !!!

Now after about 18 months its gone pretty quiet - Apart from a 40% off full and final offer from the latest DCA.

The longer this goes on, The closer to SB I become and of course the more money I can save ( As I am not paying them)
As I am not paying they are more likely to offer a reduction to get some money back as a F&F and so its effectively a win win situation.

If they start to get heavy, I can always offer them a full and final payment plan but at the moment it is going quiet so its heading in the right direction.

You will know if and when they decide to ramp any account up towards court action and you can always come to a payment agreement at the 11th hour......If it gets that far.....many don't.

Even if it went to court, And I had decided to defend (and not make a payment offer to halt proceedings) and I then lost the case, The maximum I would owe would be the balance ( Poss a bit of interest) so again I would not really lose much. There would be no legal fees as £10k and under falls into the small claims track. I then pay it off at a court set £1 week ect. Inflation would slowly erode the value of the balance so in reality I still win long term!!!

Remember litigation is a costly and unpredictable business, It will cost them sometimes more to get the money back than the balance owing......Hence they pass it from DCA to DCA at nil cost to try their luck. Banks and DCA's rely upon the fact that 90% of people get frightened by their pretty red letters and pay up. The ones that don't are often too costly or too risky to pursue - Its purely a commercial decision.

I know you want to avoid a CCJ at all costs but there are many stages before now and a CCJ - If it was necessary and you were to jump in with an offer of payment at the 11th hour and no litigation costs to them, They would most likely accept......and at less than the balance now! - How can you lose?

Of course there is always a risk of court action, There always would be when you stop paying something, But there are ways around this other than a CCJ. If you are willing to start making payments now, You could see how it goes and if you have to just start making payments at that time but by then you will be in a stronger position savings and offer wise. In the short term you don't really have anything to lose as I see it

Sorry not trying to teach you how to suck eggs, I know you know the score, Just how I see it.