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  • Grassy_K
    replied
    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

    Leave a comment:


  • Pixie
    replied
    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.

    Leave a comment:


  • Grassy_K
    replied
    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.

    Leave a comment:


  • Grassy_K
    replied
    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.

    Leave a comment:


  • Grassy_K
    replied
    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.

    Leave a comment:


  • SaltnVinegar
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Grassy_K's Unenforceability Diary

    OR - read this -> http://forums.all-about-debt.co.uk/s...-Unenforceable!

    ps PRA v Kelsey is AAD -> http://forums.all-about-debt.co.uk/s...22-August-2014

    Leave a comment:


  • Grassy_K
    replied
    Re: Grassy_K's Unenforceability Diary

    Originally posted by Pixie View Post
    I'm not sure about that. It may be best to just file it away. If it's irredeemably UE then they probably won't get far should they chance taking you to court. Wait and see what others say though as this is only my opinion.
    Yes, will wait, thanks. I'd rather not get as far as court if possible. Depends if Virgin card statuses will mean much to them.

    Leave a comment:


  • Pixie
    replied
    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...
    I'm not sure about that. It may be best to just file it away. If it's irredeemably UE then they probably won't get far should they chance taking you to court. Wait and see what others say though as this is only my opinion.

    Leave a comment:


  • Grassy_K
    replied
    Re: Grassy_K's Unenforceability Diary

    Virgin Mastercard (MBNA)

    Date commenced: Approx. 2004

    Approx Balance £1500

    Date last paid: June 2014

    Defaulted: 2012?

    Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

    Account owner: Aktiv Kapital

    04/08 - CCA request sent to Aktiv Kapital
    14/08 - Response from AK. Acknowledging request for agreement under S 77-79 of the CCA. Will endeavour to obtain documents within the prescribed time frames. Have put the collection process on hold until the information is provided.
    27/10 - Letter from Aktiv Kapital - here's your CCA, now pay up. Documentation is good, signed credit agreement with full T&C's, all prescribed terms, correct APR, charges, address at the time etc.

    28/10 - Preparing token payment offer
    30/10 - Change of plan based on Niddy's advice - just leaving it for now
    6/4/16 - I've just noticed the thread on here about all pre-2007 Virgin cards being irredeemably unenforceable... Niddy suggested on that thread to send the CCA to take a look... that's what I'll do
    9/5/16 - Niddy says irredeemably
    - payments stopped


    16/6/16 Evening all, another day more PRA crap to deal with. This time for the Virgin Mastercard. They are sorry to see that I've not maintained the agreed payment and urge me to give the matter my full attention to avoid "further action".

    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...

    Leave a comment:


  • Pixie
    replied
    Re: Grassy_K's Unenforceability Diary

    I have checked my credit report for close on 6 years...and I've no intention of doing either!

    Leave a comment:


  • Grassy_K
    replied
    Re: Grassy_K's Unenforceability Diary

    Originally posted by Pixie View Post
    I like how PRA keep stating the threat that not paying can affect your credit record. By the time PRA get hold of it the odds are that your credit record is already well and truly fekked!
    Noddle says I have a 'disaster rating' of just over 100! It also shows regular searches by the PRA Group (of course...) and Link Financial...

    Leave a comment:


  • Pixie
    replied
    Re: Grassy_K's Unenforceability Diary

    I like how PRA keep stating the threat that not paying can affect your credit record. By the time PRA get hold of it the odds are that your credit record is already well and truly fekked!

    Leave a comment:


  • Wanderlust
    replied
    Re: Grassy_K's Unenforceability Diary

    Originally posted by Grassy_K View Post
    Here you go guys.

    [ATTACH=CONFIG]21158[/ATTACH][ATTACH=CONFIG]21160[/ATTACH]
    Rubbish! They bought the account because it was already in default. They can't issue a default notice because the notice is for you to pay the arrears and be up to date with your account so you can keep your card. PRA are not going to give you a new card, are they? The default will be there for 6 years even if you pay them, makes no difference so not paying them does not affect your credit record. They think we all believe in Santa or what?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Grassy_K's Unenforceability Diary

    Originally posted by Wooster View Post

    What have they sent you that makes all the difference
    a signed agreement

    Leave a comment:

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