Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Seems like Robbers Way haven't passed it back to Lloyds after all. I'd just wait and see what they send next...and who sends it

BTW should the date for the latest letter be 13/07 not 13/06?

They did pass it back Pixie, I have a letter from them confirming it. I think their info is still on the account somewhere, though.
Yep, I made a mistake with the date (thanks for spotting it... edited )

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Halifax Platinum Card

Date commenced: Approx. 2004

Approx Balance £9000

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

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.

Letter filed, nothing more to do at present except wait.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Co-Op Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

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.

Should I send a signed request as they demand?

[Deepie]

Re: Grassy_K vs Nasty Banks

Co-Op Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

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.

Should I send a signed request as they demand?

• NO ........I'd send this if it were me ---------> CCA Query - Demand of your Signature

[Grassy_K]

Re: Grassy_K vs Nasty Banks

• NO ........I'd send this if it were me ---------> CCA Query - Demand of your Signature

Super duper. Thanks Deepie, I'll do that.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Capital One

Date commenced: 2005

Approx Balance £6500

Date last paid: June 2014

Defaulted: 2011

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

Account owner: Capital One

30/06 - CCA request sent to Capital One
18/07 - Response received from Capital One - reconstituted copy of original agreement plus "defaulted" terms and conditions plus "original" terms and conditions. Goes on to talk about Carey vs HSBC, they have complied with their obligations under S78, the agreement is fully enforceable and will be treated as such... do not be mislead by claims management companies or internet that your balance can be written off.... we will not enter into any further correspondence on the provision of copy agreements.
19/07 - CCA scanned and sent to Niddy

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Capital One

Date commenced: 2005

Approx Balance £6500

Date last paid: June 2014

Defaulted: 2011

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

Account owner: Capital One

30/06 - CCA request sent to Capital One
18/07 - Response received from Capital One - reconstituted copy of original agreement plus "defaulted" terms and conditions plus "original" terms and conditions. Goes on to talk about Carey vs HSBC, they have complied with their obligations under S78, the agreement is fully enforceable and will be treated as such... do not be mislead by claims management companies or internet that your balance can be written off.... we will not enter into any further correspondence on the provision of copy agreements.
19/07 - CCA scanned and sent to Niddy
20/07 Niddy says - yet again.

[Pixie]

Re: Grassy_K vs Nasty Banks

Are you going to blag this or offer token payments?

[Never-In-Doubt]

Re: Grassy_K vs Nasty Banks

Capital One
20/07 Niddy says - yet again.

actually no. He never mate

[Grassy_K]

Re: Grassy_K vs Nasty Banks

actually no. He never mate

Capital One

Date commenced: 2005

Approx Balance £6500

Date last paid: June 2014

Defaulted: 2011

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

Account owner: Capital One

30/06 - CCA request sent to Capital One
18/07 - Response received from Capital One - reconstituted copy of original agreement plus "defaulted" terms and conditions plus "original" terms and conditions. Goes on to talk about Carey vs HSBC, they have complied with their obligations under S78, the agreement is fully enforceable and will be treated as such... do not be mislead by claims management companies or internet that your balance can be written off.... we will not enter into any further correspondence on the provision of copy agreements.
19/07 - CCA scanned and sent to Niddy
20/07 - OK this is a strange one and I don't want to post too much in case Capital One are reading and remedy the potential issue for me or other customers. on the face of it, but after some further back and forth emails with Niddy this evening, it seems worth at least arguing for the moment based on my recollection of the application form and accompanying T&C's. Missing PT's letter to be sent.

That's what I love about this site, false hope is never dished out, and staff always tell it like it is, but if there is the most minor fault to be found - it seems Niddy will find it!

[Pixie]

Re: Grassy_K vs Nasty Banks

Staff? Niddy doesn't pay us!

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Barclaycard #2 (old Egg Blue card)

Date commenced: Approx. 2005

Approx Balance £9,000

Date last paid : Token £5 payments on DMP every 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 request sent to Barclaycard for each card
23/7 - Reconstituted agreement (just two sets of T&Cs) received from Barclaycard

Now, this is an identical situation to Egg Barclaycard #1, which was 2 sets of terms and conditions received but no agreement. I sent the "terms and conditions" template letter for that one and the buggers wrote back with an enforceable signed application form. I'm not going to bother Niddy with checking this one as his response is going to be "UE" for the same reason that the first response on the other card was UE. Yet I have a feeling that when I send the "terms and conditions" letter in response to this one, I'm going to get enforceable documents back again. It looks as though they only bother retrieving the signed agreement if challenged. Still, there isn't any other way around it I don't think.

[MrsD]

Re: Grassy_K vs Nasty Banks

you have to just keep playing the game, doesn't always follow that they would treat debts the same, MrD and I have matching bad eggs and the letter trail is different

[Grassy_K]

Re: Grassy_K vs Nasty Banks

you have to just keep playing the game, doesn't always follow that they would treat debts the same, MrD and I have matching bad eggs and the letter trail is different

Oh yes MrsD, the game will continue. Out of interest, were your Eggs enforceable if you don't mind me asking? Are they still in house at Barclays?

Cheers

[MrsD]

Re: Grassy_K vs Nasty Banks

bad eggs....................the clue is in the name

some are with marlin and some are with someone else, whom I've forgotten........................