Grassy_K's Unenforceability Diary

[Joanna Connolly Solicitors]

The Halifax is the biggie. . . I will need to check when the last payment was made to see if its SB yet.

Good plan.

Never underestimate a debt purchaser’s zeal to issue legal proceedings even if they know they haven’t got a legal leg to stand on.

They'll be hoping you don’t know that.

Di

[Grassy_K]

Good plan.

Never underestimate a debt purchaser’s zeal to issue legal proceedings even if they know they haven’t got a legal leg to stand on.

They'll be hoping you don’t know that.

Di

Your post spurred me to check through my badly organised files. I found a statement from PRA admitting the Halifax debt is "currently unenforceable" so I am resting easy on that one now!

3 PRA debts and all UE - hard luck, LOL

[Grassy_K]

All quiet on the Western front. I had an alert that Link Financial hard searched my credit file yesterday. Wonder what they are up to.. .

[Joanna Connolly Solicitors]

I had an alert that Link Financial hard searched my credit file yesterday. Wonder what they are up to.. .

A quick look back through your thread tells me this might be in relation to a £9k Barclaycard which was originally an Egg credit card, since that’s the only one I can see with Link.

If so, could it be Statute Barred or nearly Statute Barred?

Post up if they write to you - so far they seem to be just snooping on you.

Di

[Grassy_K]

Co-Op Platinum Card




Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2020 token £1 (date corrected)

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.
24/11 - Co-Op - we've received your complaint and are dealing with it
23/12 - Co-Op - sorry we haven't resolved your complaint yet, we're still dealing with it
15/1/15 - Asset Link Capital c/o Link Financial Outsourcing - Co-Op have sold us your debt, pay up!
17/1/15 - SWID/complaint sent to Asset Link
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.
7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.
29/3/16 - "Ignoring this debt will not make it go away - you owe us, now pay up" letter from Link. I feel things are going to escalate from this point. I'll do what I said I was going to do in 2015 and get the docs uploaded later this week for advice. I'll feel safer if I have all my ducks in a row in advance, so to speak.
4/4/16 - Uploaded CCA docs for Niddy to check
6/4/16 = Niddy says still . I will sit tight until the next threat arrives and respond accordingly at that point.
30/4/16 - The monthly missive from Link has arrived. They note that although they purchased the debt on xx date they have yet to receive any proposals for payment and helpfully suggest paying it off in installments over the next 10 years. They enclose a direct mandate for my convenience. IGNORED.
28/5/16 - Link - "We have not written to you for some time because we had to locate your address. Please telephone us to confirm your intentions regarding the outstanding balance..."
02/02/21 - Email received from Link - please contact us now. Ignoring.

[Joanna Connolly Solicitors]

Does this mean you've heard nothing from Link for nearly five years until this email?

Also I'm not sure whether Niddy has said the credit agreement was unenforceable and/or if it was sent to you in response to a CCA Request to the Co-op or whether Link sent it to you (I think not).

Di

[Grassy_K]

Hello Di, Niddy did say UE but I was making token payments until last year so no reason for Link to send any missives.

Kicking myself really as I should have stopped paying a long time ago. Thankfully for most debts, I did just that, and many are now getting close to or past SB so it's not all bad news. The others I'll just ride out in the same way now.

[Joanna Connolly Solicitors]

Hello Di, Niddy did say UE but I was making token payments until last year so no reason for Link to send any missives.

The good news is the credit agreement is unenforceable if Link do ever decide to issue legal proceedings, so don't do or say anything in response to their email (or letters) unless you receive a formal 'Letter of Claim' in which case post on your thread and I'll take a look at everything in more detail before you respond.

Di

[Spud]

It sounds as though most of these are or are nearly past the SB post - Which is amazing news for you - Well done

I certainly have my fingers crossed for you with this one - You know where we all are

[Grassy_K]

Re: Grassy_K? vs Nasty Banks

HFC Credit Card

Date commenced: Approx. 2003

Approx Balance £5900

Date last paid Oct 2020

Defaulted December 2013

Account owner HFC still (I think)

13/1 Letter from HFC - account has been referred to Restons Solicitors
20/1 Letter to HFC - complaint re failure to consider offers or freeze interest, request for copy of Credit Agreement enclosing £1
21/1 Extremely threatening letter received from Restons - pay up by January 30th or we will issue a County Court summons
21/1 Letter to Restons - outstanding CCA request and account in dispute with HFC
29/1 Letter from Restons - We are referring to our client and will revert back to you in due course
13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
13/2 - Letter from Restons - backing down from the court action - no longer instructed in this matter, please direct all future communications to HFC
25/2 - 13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
19/3 - Phone call from HFC - apologies for taking a long time to respond - offer of 3 months' interest and charges refunded (unfortunately only back to the account...) sorry it's taken so long to respond to the CCA request but it will be provided within the next 3-4 weeks (no hurry!).
28/3 Update: Signed for parcel from HFC received. Here is the information you requested. Consisting of 1) Statement of account 2) Photocopy of genuine application form with signatures of applicant & bank 3) Pages 1 & 2 of T&C's which should total 4 pages according to the footer. Will scan and send to the Master tonight, but I think I see a couple of issues with this from an enforceability standpoint. Here's hoping.
13/4 - Niddy confirms . Thanks Niddy!
13/4 - Niddy's had a rethink - (or at least, very easy to remedy the UE status if they wanted to)
13/4 - Monthly payment offer prepared

11/2/21 Quick update on this one, they accepted a token payment offer of £10 a month back in 2014, to take Restons Solicitors off my back. It's still in-house as far as I know. This was supposed to be for 6 months then reviewed. Never really heard from them since, dropped the standing order to £5 a year ago, then to £1 in October last year, cancelled completely 2 months ago. Still silence. The debt will still be there, of course, but let's see what happens now.

[Joanna Connolly Solicitors]

they accepted a token payment offer of £10 a month back in 2014, to take Restons Solicitors off my back. It's still in-house as far as I know. This was supposed to be for 6 months then reviewed. Never really heard from them since, dropped the standing order to £5 a year ago, then to £1 in October last year, cancelled completely 2 months ago. Still silence.

Looking at your debt history it seems you're not convinced the debt is still owned by HFC after Restons solicitors backed off their threat of legal action in 2014. So who were you paying by standing order up until 2 months ago, perhaps HSBC?

It's only been a couple of months since you stopped paying but when that happens creditors or debt purchases usually spring into action with texts, phone calls, letters chasing for money.

See what happens next in case it has been assigned at some point since 2014 which is why HFC didn't chase you for the six month reviews. You should have been sent a Notice of Assignment if that did happen but errors are often made.

You also say the credit agreement sent in response to your CCA Request was seen as unenforceable but possibly enforceable. Maybe it would help to get an update on that opinion?

Di

[julian]

Had a similar account which the lying porkers to to Summary and won forthwith. The "solicitors" were named on the docs and never heard a dickie until I moved years later. Then they made a few threats of hanging, drawing and quartering.
Heard nothing since, finger crossed. Hopefully they lost all their files.

[Grassy_K]

Looking at your debt history it seems you're not convinced the debt is still owned by HFC after Restons solicitors backed off their threat of legal action in 2014. So who were you paying by standing order up until 2 months ago, perhaps HSBC?

It's only been a couple of months since you stopped paying but when that happens creditors or debt purchases usually spring into action with texts, phone calls, letters chasing for money.

See what happens next in case it has been assigned at some point since 2014 which is why HFC didn't chase you for the six month reviews. You should have been sent a Notice of Assignment if that did happen but errors are often made.

You also say the credit agreement sent in response to your CCA Request was seen as unenforceable but possibly enforceable. Maybe it would help to get an update on that opinion?

Di

Yes, only dealt with HSBC after Restons transferred it back to them. I'm certain it's not been assigned anywhere else. I'm just waiting to see what happens next and will deal with any threatograms appropriately at that point, including getting an updated opinion on the CCA if necessary. Back to hiding for now.

[Grassy_K]

edited

[Grassy_K]

Barclaycard #1 (old Egg card)

Date commenced: Approx. 2004

Approx Balance £9,000

Date last paid : Token £5 payments on DMP every month, then dropped DMP in 2012 and paid £1/month until recently

Defaulted - Jan 2013

Account owner: Link

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 requests x 2 sent to Barclaycard for each card (after a little delay on my part)
5/3 - Very lengthy reconstituted Egg agreement received from Barclaycard. Accompanying Letter: "...we have now fully complied with all our obligations under S.78". It looks good and professional ?
19/3 - Niddy says ?- no agreement just T&Cs
22/3 - UE letter sent to Barclaycard
11/6 - Response from Barclaycard enclosing a copy of my signed application form from 2003. Niddy says Enforceable
30/09/2016 - Debt sold to Asset Link Capital no. 5 Limited - token £1 payments no payment plan entered into
17/03/2020 - Letter from Link on behalf of Asset Link Capital no.5 Limited

20/02/2021 - Well my luck had to run out eventually. Court claim LBA received from Asset Link - I need help... please