Grassy_K's Unenforceability Diary

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Actually, you did say to send a missing terms template letter on the post quoted below:

Maybe so but I don't just deal with one case so things can get confused when I've got hundreds of emails to go through.

I do remember this now, it's not a missing PT's which was sent back. It was customised heavily and was in fact fine to send. However, In the norm I'd be saying not to.

[Wooster]

Re: Grassy_K's Unenforceability Diary

Hello
Nice to see someone stuffing the bankers

I am not sure what the missing PT letter is to be honest but I expect I will learn

Maybe it is a different debt but weren't you told to send a missing PT back in the middle of May and you then said you had composed one and were just waiting for Niddies OK. I guess he gave it to you.

What have they sent you that makes all the difference as I am waiting on a CCA response from Cabot. I was told a week ago it had been sent but not arrived yet, not the first time a DCA has told me something is in the post that doesn't arrive

[Wanderlust]

Re: Grassy_K's Unenforceability Diary

why are you writing back - once I say it's UE you can just go quiet - each time you respond they can remedy previous errors......

However as per my email, I need you to send me the batches of responses you've received so I can properly look at things as I think it's now enforceable as a result of your repeated letters to them.....

In May (last month) both myself and Jo said it was UE so you went and replied to them sending a MPT (why? I'd not have done that)!!

Let's see - awaiting your email.

Actually, you did say to send a missing terms template letter on the post quoted below:

Well the CCA doesn't have original terms plus other stuff.

In honestly, if it was me I'd literally send a missing PT's template to make them aware there's a fault but leave it vague - don't tell them what's actually wrong

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Ahh well never mind anyway; they tend to do what they want whether you respond or not but lets hope it stays UE eh

We can hope. I've zapped over the PDFs for a quick once over like you suggested mate.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Ahh well never mind anyway; they tend to do what they want whether you respond or not but lets hope it stays UE eh

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

In May (last month) both myself and Jo said it was UE so you went and replied to them sending a MPT (why? I'd not have done that)!!

One thing I've learned from this forum is not to do anything without posting on here and taking advice, or consulting "behind the scenes".

Appreciate you must deal with loads of emails and situations so can't remember everything, but In this case the action of replying to them (and indeed the text of that reply) was approved by you Niddy, prior to sending it.

I will proceed with the course of action you recommended and get the batches sorted. Nothing to lose, and worst case they have the small payment that I'm no longer making to them on my UE Virgin Mastercard Some you win... some you don't?

Thanks for confirming that my thoughts around the prescribed terms were b****cks by the way

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Spud - it was UE. Now it's EN. As I said above, they've *likely* remedied it now (hope not)!

This is why we always suggest not replying willy-nilly as it can usually cause more damage. Unfortunate but it is what it is. We can only work with what we have in front of us.

This explains process -> http://forums.all-about-debt.co.uk/s...l=1#post541854

[Spud]

Re: Grassy_K's Unenforceability Diary

You are in a really good position Grassy, You need to have trust in what the site team/members are telling you and together we will get you through this. They have a lot of experience in this matter and many successes

To win you need to take a definative path which sometimes may not sit quite right with you or feel comfortable but unfortunately you cannot take the risk of sending letters at this critical stages....Sometimes less is so much more

If you feel a bit uneasy about not replying where you feel you ought to etc, Post up here...Always ask first. Its natural to be doubtful sometimes. You need to look at the successes already and take some comfort in the knowledge that you will be on the right track

Given the time between responses, I am sure everything will be fine with your paperwork etc

Keep fighting Grassy

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

why are you writing back - once I say it's UE you can just go quiet - each time you respond they can remedy previous errors......

However as per my email, I need you to send me the batches of responses you've received so I can properly look at things as I think it's now enforceable as a result of your repeated letters to them.....

In May (last month) both myself and Jo said it was UE so you went and replied to them sending a MPT (why? I'd not have done that)!!

Let's see - awaiting your email.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Lets see what Niddy says, if there are no prescribed terms then that helps you, and not them - but you don't tell them that

I would ignore their 'guide to enforceability' also - if they knew what they were doing they wouldn't be getting regular spankings in court!

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good move x

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Halifax Platinum Card

Date commenced: Approx. 2004

Approx Balance £9000

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange - not paying since July 2014

Account owner: Aktiv Kapital

30/06 - CCA request sent to Aktiv Kapital
15/07 - 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.
06/10 - Letter from AK enclosing documents. Further to your request here are the documents. Payment proposals within 14 days or we will take further action.
11/10 - Letter to Aktiv - no signature and missing PT's
17/10 - Swift response from Aktiv - here's a document with your signature on it (card upgrade agreement to the Halifax One card) - now pay up or else. [Plus another copy of the T&C's supplied before.]
28/10 - Niddy says but easily remedied. Recommends sending MPT letter. Will send at the weekend. May need to come up with an offer on this in the future (my thoughts), but blagging for now.
17/11 - Strange response from Aktiv Kapital (or PRA group as they have now rebranded...) stating that the upgrade agreement prevails and can we please have some money. But I think the upgrade agreement is still defective. Contacted Niddy.
14/1/15 - PRA Group letter - you need to pay us.
15/1/15 - Sent Niddy custom letter back ("upgrade unenforceable")
19/1/15 - The Niddy Special letter seems to have done the trick for the moment. PRA haven't responded to the contents of the letter, they have simply written to advise that the account is on hold while they attempt to obtain further information from the original creditor. Will await their next chess move.... Thanks Niddy!

27/3/15 - I knew it was too good to last - it's been so quiet recently apart from the usual useless DCA drivel, but now PRA have resurfaced enclosing the missing T&C's. No threats yet, but require me to make contact by 19th April.

7/5/16 - PRA Group - your account has now been transferred to our Investigations and Litigation department for litigation recovery. 14 days to set up a payment plan or make contact to avoid, quote, the "next stage"

16//5/16 - Niddy and AAD Solicitor confirm 100%

16/5/16 - Slightly customised MPT letter concocted, first paragraph reminds of previous correspondence. Asked Niddy to kindly check it over before sending. Will send reply in next day or so.
18/5/16 - MPT / UE letter sent to Parasitic Recovery A$$wipes Group
25/5/16 - Received acknowledgement of correspondence letter and a 2 sided separate enclosure -The PRA Guide To Unenforceability & SS.77/79 of the Consumer Credit Act!! Seriously!! They must be getting a lot of requests...
Letter was from and signed by the Chief Operating Officer of PRA Group..


11/6/16 - Well that didn't take long. PRA have now come back and have managed to get hold of the missing credit agreement, with signatures.
However, from my limited knowledge I believe there may be issues with missing prescribed terms (APR and credit limit are not on the agreement document), and the supplementary docs are definitely a recon (£12 missed payment fees etc.). They did previously bodge up a recon with the correct details but have now reverted to sending incorrect recon again, LOL
As usual I will scan and ask for a definitive opinion from the Boss

15/6/16 - Sent email to Niddy for help

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good luck Grassy xx

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Halifax Platinum Card

Date commenced: Approx. 2004

Approx Balance £9000

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange - not paying since July

Account owner: Aktiv Kapital


30/06 - CCA request sent to Aktiv Kapital
15/07 - 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.
06/10 - Letter from AK enclosing documents. Further to your request here are the documents. Payment proposals within 14 days or we will take further action.
11/10 - Letter to Aktiv - no signature and missing PT's
17/10 - Swift response from Aktiv - here's a document with your signature on it (card upgrade agreement to the Halifax One card) - now pay up or else. [Plus another copy of the T&C's supplied before.]
28/10 - Niddy says but easily remedied. Recommends sending MPT letter. Will send at the weekend. May need to come up with an offer on this in the future (my thoughts), but blagging for now.
17/11 - Strange response from Aktiv Kapital (or PRA group as they have now rebranded...) stating that the upgrade agreement prevails and can we please have some money. But I think the upgrade agreement is still defective. Contacted Niddy.
14/1/15 - PRA Group letter - you need to pay us.
15/1/15 - Sent Niddy custom letter back ("upgrade unenforceable")
19/1/15 - The Niddy Special letter seems to have done the trick for the moment. PRA haven't responded to the contents of the letter, they have simply written to advise that the account is on hold while they attempt to obtain further information from the original creditor. Will await their next chess move.... Thanks Niddy!

27/3/15 - I knew it was too good to last - it's been so quiet recently apart from the usual useless DCA drivel, but now PRA have resurfaced enclosing the missing T&C's. No threats yet, but require me to make contact by 19th April.

7/5/16 - PRA Group - your account has now been transferred to our Investigations and Litigation department for litigation recovery. 14 days to set up a payment plan or make contact to avoid, quote, the "next stage"

16//5/16 - Niddy and AAD Solicitor confirm 100%

16/5/16 - Slightly customised MPT letter concocted, first paragraph reminds of previous correspondence. Asked Niddy to kindly check it over before sending. Will send reply in next day or so.
18/5/16 - MPT / UE letter sent to Parasitic Recovery A$$wipes Group
25/5/16 - Received acknowledgement of correspondence letter and a 2 sided separate enclosure -The PRA Guide To Unenforceability & SS.77/79 of the Consumer Credit Act!! Seriously!! They must be getting a lot of requests...
Letter was from and signed by the Chief Operating Officer of PRA Group..


11/6/16 - Well that didn't take long. PRA have now come back and have managed to get hold of the missing credit agreement, with signatures.
However, from my limited knowledge I believe there may be issues with missing prescribed terms (APR and credit limit are not on the agreement document), and the supplementary docs are definitely a recon (£12 missed payment fees etc.). They did previously bodge up a recon with the correct details but have now reverted to sending incorrect recon again, LOL
As usual I will scan and ask for a definitive opinion from the Boss

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Oops. Edited. Already wrote the update 5 times as the browser kept reformatting the text every time I changed the colour..