Grassy_K's Unenforceability Diary

[Grassy_K]

Hello Grassy

I can see that your s77-79 CCA Request was sent to Barclaycard in 2016 before it was assigned to Asset Link Capital No 5 Ltd.

In response you appear to have only received reconstituted Egg Ts & Cs so the account became unenforceable at that stage.

You then wrote back challenging their response (perhaps a mistake to alert them to the issue) and you were then sent a signed application form dated 2003 by Barclaycard

Barclaycard didn't acquire Egg until 2011 so can you confirm whether the document they sent you (dated 2003) was a Barclaycard or Egg application form?

Di

Hello Di :-)

It was a signed Egg application form..

[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

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 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


So I've been paying £1/month token payments since 2016 but never contacted them (debt enforceable).
Letter from Link Financial - "PLEASE READ THIS LETTER CAREFULLY" - they go on to say that they are concerned that no arrangement has been reached on how this debt is to be repaid, they are entitled to immediate repayment but I have a chance to set up a direct debit for £90/month instead.

I'm thinking to sit tight for now, but unfortunately I seem to have appeared on their radar again after nearly 4 years. Not looking forward to the next letter. Any thoughts appreciated.

Hello Grassy

I can see that your s77-79 CCA Request was sent to Barclaycard in 2016 before it was assigned to Asset Link Capital No 5 Ltd.

In response you appear to have only received reconstituted Egg Ts & Cs so the account became unenforceable at that stage.

You then wrote back challenging their response (perhaps a mistake to alert them to the issue) and you were then sent a signed application form dated 2003 by Barclaycard

Barclaycard didn't acquire Egg until 2011 so can you confirm whether the document they sent you (dated 2003) was a Barclaycard or Egg application form?

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

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 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


So I've been paying £1/month token payments since 2016 but never contacted them (debt enforceable).
Letter from Link Financial - "PLEASE READ THIS LETTER CAREFULLY" - they go on to say that they are concerned that no arrangement has been reached on how this debt is to be repaid, they are entitled to immediate repayment but I have a chance to set up a direct debit for £90/month instead.

I'm thinking to sit tight for now, but unfortunately I seem to have appeared on their radar again after nearly 4 years. Not looking forward to the next letter. Any thoughts appreciated.

[Grassy_K]

Hello Grassy K

I've been looking back through your Diary and can see that this ex-Lloyds account (credit card) may be due to become Statute Barred this year

Have you not heard anything at all from Cabot since your last post?

Debt purchasers sometimes review accounts a few months before their predicted SB date to consider giving it one last throw of the dice.

Di

Hello Diana,

Apologies for the slow response, not around as much these days, all is quiet.

Regarding this account, no, not heard a peep so I think they gave up the ghost. I do receive the odd letter from Cabot re other accounts, but nothing to worry about so they just go in the bin.

[Joanna Connolly Solicitors]

Lloyds Platinum Mastercard

Date commenced: Approx. 2004

Approx Balance £4900

Date last paid: June 2014

Defaulted: 2012?

[B]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

Hello Grassy K

I've been looking back through your Diary and can see that this ex-Lloyds account (credit card) may be due to become Statute Barred this year

Have you not heard anything at all from Cabot since your last post?

Debt purchasers sometimes review accounts a few months before their predicted SB date to consider giving it one last throw of the dice.

Di

[Grassy_K]

Hi all, not posted for a while as I hear very little from creditors these days. Just received a nice letter from Lowell throwing in the towel on a 1k overdraft debt. Was disputing it for months based on excessive charges, interest on interest etc. They will no longer be taking action to recover the debt.

[Grassy_K]

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!

[Grassy_K]

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!

[Grassy_K]

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.

[Grassy_K]

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...

[Spud]

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

[Grassy_K]

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.

[Grassy_K]

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?

[Joanna Connolly Solicitors]

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

[Grassy_K]

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.....