Grassy_K's Unenforceability Diary

[Grassy_K]

Ah, I've spotted you've just edited your post to say you've received a Letter of Claim not an actual claim form *phew*

Still email me the first couple of pages which say what they intend to claim and why they feel they have the right to claim it.

Di

Yes it's a letter of claim. Email sent :-)

[Joanna Connolly Solicitors]

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

Ah, I've spotted you've just edited your post to say you've received a Letter of Claim not an actual claim form *phew*

Still email me the first couple of pages which say what they intend to claim and why they feel they have the right to claim it.

Di

[Joanna Connolly Solicitors]

Thank you so much Di. I will email the info over directly. I'm shaking a bit at the moment.

No need to be shaking - an envelope containing several pages of A4 paper has landed on your mat this morning, not a hand grenade.

I'll take a look at the history while I'm waiting for your email. Is there more if I check back through your thread since there's nothing I can immediately see between 2014 and when the account was assigned to Asset Link in September 2016?

Don't do anything until we've made contact, and definitely don't send a CCA Request to Asset Link now.

Please don't let this spoil your weekend.

Di

[The Tech Clerk]

Diana Mayhew

[Grassy_K]

Here I am

Your luck hasn't run out. In fact it could just be the beginning, even though you say Niddy said your credit agreement was enforceable. There are many reasons why a debt can be unenforceable other than the credit agreement.

Email me the first page of the claim form using di@joannaconnollysolicitors.co.uk

You can also email me the credit agreement which I think was sent to you by Barclaycard in 2016 not the Claimant (Asset Link).

Di

Thank you so much Di. I will email the info over directly. I'm shaking a bit at the moment.

Grassy.

[Joanna Connolly Solicitors]

Here I am

Your luck hasn't run out. In fact it could just be the beginning, even though you say Niddy said your credit agreement was enforceable. There are many reasons why a debt can be unenforceable other than the credit agreement.

Email me the first page of the claim form using di@joannaconnollysolicitors.co.uk

You can also email me the credit agreement which I think was sent to you by Barclaycard in 2016 not the Claimant (Asset Link).

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 ?- 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

[Grassy_K]

edited

[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.

[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.

[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

[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.

[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

[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

[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.