Grassy_K's Unenforceability Diary

[PlanB]

Mint Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2014

Defaulted: 2012?

Status: Not paying (token payments until 2020)

Account owner: Cabot

30/07/14 - CCA request sent to Mint.
30/08 /14 - Copy of application form plus 2 sets of T&Cs received from Mint. Looks possibly enforceable. Will scan and upload to Niddy by the end of the week [done]
17/09/14 - Weak collections letter received from Mint's 'Debt Recovery Office' - "we have noticed that payments are not being made in line with the special agreement. If payments are not brought up to date we may need to take further action"

While I'm waiting for Niddy to take a view on the agreement (I think this one IS probably ) I'll sit tight and see what they send next
Update 25/09 not heard anything on my previous CCA upload to AAD but I may treat this as enforceable for the time being as Mint's debt management office are sending stroppy letters - don't want it sold off to a debt purchaser if it is. And I have a strong feeling the CCA is solid.

23/04/21 - Update - was taken over by Cabot some time ago and was making token payments then stopped last year. Cabot letter : We are going to send Resolvecall round to put a card through the door. Filed.

Hello

May I just clarify some things to see if that helps your thought process.

You sent a CCA Request to Mint in 2014. They sent you 2 sets of Ts & Cs in response. This account was opened in 2004 so it's possible a signed credit agreement would be needed.

You thought they (the Ts & Cs) looked possibly enforceable but you've not had an opinion from Niddy or anyone else (unless I've misunderstood your post).

You continued to pay Mint and then Cabot until last year i.e. 2020.

I've got more to say but I thought it best to establish the facts first.

Di

[Grassy_K]

Hello

May I just clarify some things to see if that helps your thought process.

You sent a CCA Request to Mint in 2014. They sent you 2 sets of Ts & Cs in response. This account was opened in 2004 so it's possible a signed credit agreement would be needed.

You thought they (the Ts & Cs) looked possibly enforceable but you've not had an opinion from Niddy or anyone else (unless I've misunderstood your post).

You continued to pay Mint and then Cabot until last year i.e. 2020.

I've got more to say but I thought it best to establish the facts first.

Di

Hello Di,

Sorry, my diary keeping hasn't been very good on this one. I never updated with Niddy's response. will try and amend my post.

This is what Niddy had to say about the Mint CCA:


"Looks good to me sadly mate.....

"

Grassy

[PlanB]

Hello Di,

This is what Niddy had to say about the Mint CCA:


"Looks good to me sadly mate.....

Well that doesn’t necessarily mean that Cabot will be able to produce the same credit agreement documents as Mint produced in 2014 (i.e. nearly seven years ago) because they may not have agreed access to your original account information.

I wouldn’t send a new CCA Request at this moment in time, but it’s something you could do if Cabot start to get threatening in future. Cross that bridge if/when you get to it.

Meanwhile don’t draw attention to yourself by engaging in correspondence, but post on your thread each time there’s a new development.

Di

[Grassy_K]

Meanwhile don’t draw attention to yourself by engaging in correspondence, but post on your thread each time there’s a new development.

Di

Sounds good to me. I'm quite skilled at not engaging. Thanks, Di.

[PlanB]

Thanks, Di.

You’re welcome

It’s all about managing the situation while at the same time keeping under the radar if appropriate.

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:

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.


29/04/21 - Letter from Link / Asset Link Capital No.5 - you need to contact us now and agree a payment arrangement. Filed but keeping a close eye on this one.

[PlanB]

I can't work out when you last made a payment to anyone for this debt - it's probably me missing something, but I thought I should check.

Di

[Grassy_K]

I can't work out when you last made a payment to anyone for this debt - it's probably me missing something, but I thought I should check.

Di

Token payments until 2020 (I know.. I know...) then nothing. Never made an arrangement to pay.

[PlanB]

Token payments until 2020 then nothing.

Okay, but there does seem to be a communication gap between 2016 and 2020 (despite your payments) so I wonder whether they have fulfilled their statutory duty to send you a Notice of Sums in Arrears under section 86b CCA which could make the debt unenforceable unless or until they rectify that.

See this > https://www.legislation.gov.uk/ukpga...d-default-sums

As you say keep a close eye on things.

Di

[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 UE
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
01/04/2021 - Court Claim received

Well, finally I am able to post an update on this. I was indeed issued with a court claim by Link. Joanna Connolly Solicitors were duly engaged in defence, and I have just received word of a *WIN*. The claimant is discontinuing without the matter ever seeing the inside of a courtroom.

I would like to give grateful thanks to Di, for spending over an hour on the telephone to me calming me down and explaining options. Also to all at JCS, especially Colin who I dealt with on a day to day basis and was very reassuring and non-judgmental. And to the AAD team for providing this wonderful forum.

One more big step towards being debt free.

[PlanB]

Barclaycard #1 (old Egg card)

Date commenced: Approx. 2004

Approx Balance £9,000

20/02/2021 - Well my luck had to run out eventually. Court claim LBA received from Asset Link
01/04/2021 - Court Claim received

. . . The claimant is discontinuing without the matter ever seeing the inside of a courtroom.

I would like to give grateful thanks to Di, for spending over an hour on the telephone to me calming me down and explaining options. Also to all at JCS, especially Colin who I dealt with on a day to day basis and was very reassuring and non-judgmental. And to the AAD team for providing this wonderful forum.

For those who know me well that would have been one of my shorter phone calls

I'm almost as thrilled as you that your case has been discontinued without "ever seeing the inside of a courtroom". Only lawyers like going to court so I'm glad you were spared that ordeal.

AAD is indeed a wonderful forum



Di

[Spud]

That is such good news, Well done to everyone along the line who helped or assisted with this, Fantastic

[Colin G Quinn]

Hi Grassy_K,

Thanks for your kind words and thank you for instructing Joanna Connolly Solicitors.

It was a pleasure and a great result.

Kind regards,

[Grassy_K]

[Grassy_K]

Mint Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: 2020

Defaulted: 2012?

Status: Not paying (token payments until 2020)

Account owner: Cabot

30/07/14 - CCA request sent to Mint.
30/08 /14 - Copy of application form plus 2 sets of T&Cs received from Mint. Looks possibly enforceable. Will scan and upload to Niddy by the end of the week [done]
17/09/14 - Weak collections letter received from Mint's 'Debt Recovery Office' - "we have noticed that payments are not being made in line with the special agreement. If payments are not brought up to date we may need to take further action"

25/09 - Niddy says Enforceable

23/04/21 - Update - was taken over by Cabot some time ago and was making token payments then stopped last year. Cabot letter : We are going to send Resolvecall round to put a card through the door. Filed.

18/05/21 - Letter. Resolvecall are indeed coming round to put a card through the door. Filed. Unconcerned for now.