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  • Re: Grassy_K's Unenforceability Diary

    Originally posted by Grassy_K View Post
    Right - I think this one may be worth a customised UE letter quoting PRA Group vs Kelsey - so that they know that I know, as it were. I won't do anything until the good folks on here have kindly weighed in on the matter and the Boss has given thumbs up or thumbs down...
    Or it may be a red flag to a bull, and could make it 'personal' to someone in PRA to 'put you in your place'.

    I'm all for keeping under the radar and not making yourself a target
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!



    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • Re: Grassy_K's Unenforceability Diary

      OK I'll just file it away for now. I'll save the Kelsey letter for when the LBA inevitably arrives. Cheers folks.

      Comment


      • 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.

        August 2016: Account sold to Cabot

        October 2016: Cabot: Pay up or we're preparing court action against you

        November 2016: Letter sent to Cabot referring them to the OC's letter of March 2015 (unenforceable). Account now on hold while they investigate.

        Comment


        • Re: Grassy_K's Unenforceability Diary

          Quickquid

          Date loan taken out
          2013
          Amount of loan Was the Flexcredit product (now discontinued) - fixed credit limit with drawdown on request and 20% per month interest.
          Amount paid to date
          Date a payment was last made 2014
          Status (i.e. have you discussed a payment arrangement)? F&F offered of remaining principal less interest - refused
          Did you have to fill out an application form and do you have a copy? Yes (electronic) - and no
          Were you given any pre-contact information or fact sheet so you could assess the affordability of the loan that was being offered to you? I think so, from memory
          Were you given a Risk Warning at any point during the application process (ie. told something along the lines of 'make sure this product is right for you' No, don't think so
          Were you given a credit agreement and if so do you have a copy? Did have one electronically, no copy
          Did you at any time 'roll over' (or did you 'reloan') and if so how many times? Yes, was constantly drawing down and repaying in a vicious circle
          Did you get a notice of assignment from QQ regards Arc Europe taking over the account? Yes
          When was the last time you sent any correspondence to them (either by email or post) and have you kept copies of any of the correspondence that you have with them? About 5 months ago for F&F, yes I kept it.

          2/11/16 : Email received from Quickquid : notice account sale to Motormile.

          Hi All, been a little while since I've been on here as I've had some personal issues to deal with apart from debt, and work being manic. I've been just about managing to hold things at bay, couple of creditors I've had to make token payments as received LBA's in the post and didn't have the strength to deal with it. Most I've been ignoring, my most recent updates are above, about Cabot Financial and now this issue with Motormouth. Knowing of Motormouth from reading about them previously, I can expect them to take a very aggressive, litigious approach to collecting the payday loan. What is the best way to stave off these clowns or should I try for a low F&F? The debt is for £850. Thanks.

          Comment


          • Re: Grassy_K's Unenforceability Diary

            I hope that those you've made token payments to were enforceable ones.

            SnV is our payday loan expert so maybe PM him with a link to this thread. I'm sorry but I don't know anything about them.
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • Re: Grassy_K's Unenforceability Diary

              Hello all. I've not been on the forum for a few months as dealing with some serious ongoing issues including parental cancer and financial shortages. Just been lying low, token paying the enforceables and the litigious b***ards, and ignoring the rest (about 50% of the debts). There is very little "noise" these days.

              Cabot somehow traced my new mobile number, and have commenced daily calls and texts re an old Tesco card debt. Just not responding and keeping an eye on it.

              I've been on the merry go round of letters and emails from Motormile regarding Quickquid - no terrible threats yet, the latest was an offer of a 50% discount to settle.

              Finally the best news, I beat Cabot using my own custom letters and the complaint process, as they were still chasing an admitted (by the OC) UE debt of over 5k. So yes, it was a slam dunk but I'm still proud of handling them. Got the "we have taken a decision to cease collections activity" letter yesterday.

              Hope everyone is bearing up well and I'll try and pop in on a more regular basis.

              Best,

              Grassy

              Comment


              • Barclaycard #2 (old Egg Blue card)

                Date commenced: Approx. 2004

                Approx Balance £9,000

                Date last paid : Token £5 payments on DMP until June 2014, nothing since then

                Defaulted - Jan 2013

                Account owner: Barclaycard

                1/2 - Letters x 2 from Barclaycard "After reviewing your payments" we are now issuing a formal demand for payment (with threat of court action). Can avoid this by telephoning them and coming to a payment arrangement. And P.S we screwed up your CRA reporting. We're now correcting it and defaulting you.
                24/2 - CCA request sent to Barclaycard for each card
                23/7 - Reconstituted agreement (just two sets of T&Cs) received from Barclaycard
                29/7 - "T&C's sent" letter sent to Barclaycard
                13/8 - Response received from Barclaycard - "in response to your request for your application, please find enclosed". What was actually enclosed was a printout of a set of data from the 'alleged' internet application - name, address, employer, income etc. NO linked terms, more importantly not a signed credit agreement. I'm fairly sure this is
                but will scan and submit everything to Niddy just to be on the safe side, as it's a large amount of money. I think I'm also still going to have to press them a little harder on the matter of whether they hold a signed agreement as well, although we know that Egg are good at reconstituting if pushed, but this account is currently not being paid even token payments for the time being.
                19/08/14 - Niddy confirms
                , advised to send T&C's received letter again - done


                29/06/17 - Blimey, a blast from the past. Barclaycard wrote to me to inform me that the account has been sold to the unholy duo of Hoist Portfolio & Robinson Way.
                I shall await contact from RW and then remind them that it is in dispute and UE due to only T&Cs received. Need to stay on top of this because of the amount and the litigious new owner.....

                Comment


                • Originally posted by Grassy_K View Post
                  Barclaycard #2 ([B]old Egg Blue card)

                  [B]Date commenced: Approx. 2004

                  Approx Balance £9,000

                  Date last paid : Token £5 payments on DMP until June 2014, nothing since then

                  Defaulted - Jan 2013

                  Account owner: Barclaycard

                  . . . .

                  Barclaycard wrote to me to inform me that the account has been sold to the unholy duo of Hoist Portfolio & Robinson Way.
                  I shall await contact from RW and then remind them that it is in dispute and UE due to only T&Cs received.
                  So Barclaycard have finally thrown in the towel

                  I agree that you should wait until Robinson Way introduce themselves then tell them the account is in dispute due to non compliance with your CCA Request but I wouldn't tell them why (only Ts & Cs received) because that will give them the heads up to reconstitute a credit agreement.

                  If the debt is unenforceable then it's unenforceable regardless of whether it's for £9 or £9,000 so don't fret unnecessarily. However that "unholy duo" may soon become an unholy trio when they involve Howard Cohen solicitors which tends to happen after about the fourth template letter from them so keep your eye on the ball and post up anything they send to you.

                  Di
                  Legal Disclaimer

                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • Originally posted by Diana Mayhew View Post

                    So Barclaycard have finally thrown in the towel

                    I agree that you should wait until Robinson Way introduce themselves then tell them the account is in dispute due to non compliance with your CCA Request but I wouldn't tell them why (only Ts & Cs received) because that will give them the heads up to reconstitute a credit agreement.

                    If the debt is unenforceable then it's unenforceable regardless of whether it's for £9 or £9,000 so don't fret unnecessarily. However that "unholy duo" may soon become an unholy trio when they involve Howard Cohen solicitors which tends to happen after about the fourth template letter from them so keep your eye on the ball and post up anything they send to you.

                    Di
                    Thank you for taking the trouble Di - good points, and I agree I shan't give them the "heads up" unnecessarily in my reply, when the letter drops - which I expect any day now.. oh joy!

                    ps - I see you've gone up in the world - congrats - I hadn't noticed because my attendance has been quite poor recently on here - life, you know?

                    Comment


                    • Barclaycard #2 (old Egg Blue card)

                      Date commenced: Approx. 2004

                      Approx Balance £9,000

                      Date last paid : Token £5 payments on DMP until June 2014, nothing since then

                      Defaulted - Jan 2013

                      Account owner: Barclaycard

                      1/2 - Letters x 2 from Barclaycard "After reviewing your payments" we are now issuing a formal demand for payment (with threat of court action). Can avoid this by telephoning them and coming to a payment arrangement. And P.S we screwed up your CRA reporting. We're now correcting it and defaulting you.
                      24/2 - CCA request sent to Barclaycard for each card
                      23/7 - Reconstituted agreement (just two sets of T&Cs) received from Barclaycard
                      29/7 - "T&C's sent" letter sent to Barclaycard
                      13/8 - Response received from Barclaycard - "in response to your request for your application, please find enclosed". What was actually enclosed was a printout of a set of data from the 'alleged' internet application - name, address, employer, income etc. NO linked terms, more importantly not a signed credit agreement. I'm fairly sure this is
                      but will scan and submit everything to Niddy just to be on the safe side, as it's a large amount of money. I think I'm also still going to have to press them a little harder on the matter of whether they hold a signed agreement as well, although we know that Egg are good at reconstituting if pushed, but this account is currently not being paid even token payments for the time being.
                      19/08/14 - Niddy confirms
                      , advised to send T&C's received letter again - done

                      29/06/17 - Blimey, a blast from the past. Barclaycard wrote to me to inform me that the account has been sold to the unholy duo of Hoist Portfolio & Robinson Way.
                      I shall await contact from RW and then remind them that it is in dispute and UE due to only T&Cs received. Need to stay on top of this because of the amount and the litigious new owner.....

                      23/08 - Letter from RW introducing themselves on behalf of Hoist Portfolio.

                      01/09 - Account in Dispute letter sent to RW

                      06/09 - Letter from RW - "thank you for informing us that this account is part of an administrative order, please send us confirmation documents for our records".

                      I have no idea what they are playing at.

                      Comment


                      • Originally posted by Grassy_K View Post

                        I have no idea what they are playing at.[/B]
                        You and me both........but leave them to it..........I would wait and see what comes next

                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • Originally posted by Grassy_K View Post
                          Barclaycard #2 (old Egg Blue card)

                          Date commenced: Approx. 2004

                          Approx Balance £9,000

                          Date last paid : Token £5 payments on DMP until June 2014, nothing since then

                          Defaulted - Jan 2013

                          Account owner: Barclaycard

                          1/2 - Letters x 2 from Barclaycard "After reviewing your payments" we are now issuing a formal demand for payment (with threat of court action). Can avoid this by telephoning them and coming to a payment arrangement. And P.S we screwed up your CRA reporting. We're now correcting it and defaulting you.
                          24/2 - CCA request sent to Barclaycard for each card
                          23/7 - Reconstituted agreement (just two sets of T&Cs) received from Barclaycard
                          29/7 - "T&C's sent" letter sent to Barclaycard
                          13/8 - Response received from Barclaycard - "in response to your request for your application, please find enclosed". What was actually enclosed was a printout of a set of data from the 'alleged' internet application - name, address, employer, income etc. NO linked terms, more importantly not a signed credit agreement. I'm fairly sure this is
                          but will scan and submit everything to Niddy just to be on the safe side, as it's a large amount of money. I think I'm also still going to have to press them a little harder on the matter of whether they hold a signed agreement as well, although we know that Egg are good at reconstituting if pushed, but this account is currently not being paid even token payments for the time being.
                          19/08/14 - Niddy confirms
                          , advised to send T&C's received letter again - done

                          29/06/17 - Blimey, a blast from the past. Barclaycard wrote to me to inform me that the account has been sold to the unholy duo of Hoist Portfolio & Robinson Way.
                          I shall await contact from RW and then remind them that it is in dispute and UE due to only T&Cs received. Need to stay on top of this because of the amount and the litigious new owner.....

                          23/08 - Letter from RW introducing themselves on behalf of Hoist Portfolio.

                          01/09 - Account in Dispute letter sent to RW

                          06/09 - Letter from RW - "thank you for informing us that this account is part of an administrative order, please send us confirmation documents for our records".

                          I have no idea what they are playing at.
                          15/10 - Letter from RW - still liaising with Barclaycard.. please stand by... account on hold. Well ok then...

                          Comment


                          • Just popped in to wish everyone a Merry Xmas and good luck if you are fighting the scum DCA's or worse.

                            Few letters and old issues popping up in the last month but nothing to worry about. Still have Hoist Portfolio on hold for nearly 10k while they try to retrieve nonexistent paperwork from Barclaycard/Egg.

                            I just acquired a new OLED television for the living room which cost £1500 but it was paid for with cash so what the hey, everyone deserves a treat once in a blue moon. It was "priority spending", that used to go to Stepchange, lol.

                            Comment


                            • Barclaycard #2 (old Egg Blue card)

                              Date commenced: Approx. 2004

                              Approx Balance £9,000

                              Date last paid : Token £5 payments on DMP until June 2014, nothing since then

                              Defaulted - Jan 2013

                              Account owner: Barclaycard

                              1/2 - Letters x 2 from Barclaycard "After reviewing your payments" we are now issuing a formal demand for payment (with threat of court action). Can avoid this by telephoning them and coming to a payment arrangement. And P.S we screwed up your CRA reporting. We're now correcting it and defaulting you.
                              24/2 - CCA request sent to Barclaycard for each card
                              23/7 - Reconstituted agreement (just two sets of T&Cs) received from Barclaycard
                              29/7 - "T&C's sent" letter sent to Barclaycard
                              13/8 - Response received from Barclaycard - "in response to your request for your application, please find enclosed". What was actually enclosed was a printout of a set of data from the 'alleged' internet application - name, address, employer, income etc. NO linked terms, more importantly not a signed credit agreement. I'm fairly sure this is
                              but will scan and submit everything to Niddy just to be on the safe side, as it's a large amount of money. I think I'm also still going to have to press them a little harder on the matter of whether they hold a signed agreement as well, although we know that Egg are good at reconstituting if pushed, but this account is currently not being paid even token payments for the time being.
                              19/08/14 - Niddy confirms
                              , advised to send T&C's received letter again - done

                              29/06/17 - Blimey, a blast from the past. Barclaycard wrote to me to inform me that the account has been sold to the unholy duo of Hoist Portfolio & Robinson Way.
                              I shall await contact from RW and then remind them that it is in dispute and UE due to only T&Cs received. Need to stay on top of this because of the amount and the litigious new owner.....

                              23/08 - Letter from RW introducing themselves on behalf of Hoist Portfolio.

                              01/09 - Account in Dispute letter sent to RW

                              06/09 - Letter from RW - "thank you for informing us that this account is part of an administrative order, please send us confirmation documents for our records".

                              I have no idea what they are playing at.


                              15/10 - Letter from RW - still liaising with Barclaycard.. please stand by... account on hold

                              09/04/18 - Not heard a peep since the last letter in October!

                              Comment


                              • 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.

                                August 2016: Account sold to Cabot

                                October 2016: Cabot: Pay up or we're preparing court action against you

                                November 2016: Letter sent to Cabot referring them to the OC's letter of March 2015 (unenforceable). Account now on hold while they investigate

                                May 2017: Cabot gave up in writing

                                April 2018: Out of the blue, a compensation cheque for £200 received from Lloyds for charging interest (that I didn't even pay...) while account was in financial difficulties. Cheers lads!

                                Comment

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