Grassy_K's Unenforceability Diary

[nanna58]

Re: Grassy_K's Unenforceability Diary

Bloody good aren't they 30/6/16 no less x

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

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 up to June - nothing since then

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.
18/08 - Bad copy of signed application form received (ie hard to read) but can't see any terms
19/08 - Uploaded docs to AAD for enforceability checking
20/08 - Niddy says - missing prescribed terms letter sent
16/09 - Reply from Co-Op : "Please find a larger copy of your agreement (blown up to A4 size but still barely legible and missing prescribed terms) - we note your comments regarding the previous copy but this is the best we are able to produce from our archives"
4/11 - Letter from Co-Op - threats re further action/legal action (not a LBA)
13/11 - Popped off a reply along the lines of: account in dispute, please refer to previous letter.
24/11 - Co-Op - we've received your complaint and are dealing with it
23/12 - Co-Op - sorry we haven't resolved your complaint yet, we're still dealing with it
15/1/15 - Asset Link Capital c/o Link Financial Outsourcing - Co-Op have sold us your debt, pay up!
17/1/15 - SWID/complaint sent to Asset Link
23/1/15 - Complaint response from Co-Op. You had the card, and used it, you owe. And here's the missing terms. You're now with Asset Link so speak to them if you have any more queries. So my SWID has crossed over in the post with Co-Op's response and possible rectification of UE. I'll have to scan and upload to Niddy to take a look at them, see if this is now EN and then work out my next course of action.
7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.
29/3/16 - "Ignoring this debt will not make it go away - you owe us, now pay up" letter from Link. I feel things are going to escalate from this point. I'll do what I said I was going to do in 2015 and get the docs uploaded later this week for advice. I'll feel safer if I have all my ducks in a row in advance, so to speak.
4/4/16 - Uploaded CCA docs for Niddy to check
6/4/16 = Niddy says still . I will sit tight until the next threat arrives and respond accordingly at that point.
30/4/16 - The monthly missive from Link has arrived. They note that although they purchased the debt on xx date they have yet to receive any proposals for payment and helpfully suggest paying it off in installments over the next 10 years. They enclose a direct mandate for my convenience. IGNORED.

28/5/16 - Link - "We have not written to you for some time because we had to locate your address. Please telephone us to confirm your intentions regarding the outstanding balance..."

Filed.

[cymruambyth]

Re: Grassy_K's Unenforceability Diary

I love the simplicity of the wording on page 2, "if the information is sent the debt is enforcable again"

But it doesn't say that it has to be the legally correct information . Could also do with proof reading :

[Susie]

Re: Grassy_K's Unenforceability Diary

I love the simplicity of the wording on page 2, "if the information is sent the debt is enforcable again"

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Here you go guys.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Sounds like they know that most of the accounts they own are UE........Why else would they go to the trouble of knocking something up?

But you have got to give it to them for having a half arsed try

PRA have had their arses kicked in court on a few occasions the last couple of months. Sounds like rather than putting their own house in order, and getting the legalities correct, they are trying to frighten debtors into not putting PRA to task on the legal responsibilites.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Will do at the weekend, to be fair it's pretty crap, just 2 sides of A4 and very carefully worded. Stuff like "Writing to us to ask us for this information should not be used to avoid paying what you owe...." and "Once we send you the requested information the debt is enforceable..."

Was just surprised that they had gone to the trouble to produce a dedicated, separate flyer on the subject.

Yes but it would be interesting to see if what in that flyer is misleading. For example - just because they send you the requested information does NOT necessarily make it enforceable.

CONC guidelines state that creditors should not mislead or misrepresent a debtors legal position. If that flyer does so, could be interesting, and actually be used against them!

[Roger]

Re: Grassy_K's Unenforceability Diary

Will do at the weekend, to be fair it's pretty crap, just 2 sides of A4 and very carefully worded. Stuff like "Writing to us to ask us for this information should not be used to avoid paying what you owe...." and "Once we send you the requested information the debt is enforceable..."

Was just surprised that they had gone to the trouble to produce a dedicated, separate flyer on the subject.

Did they send a £1 Postal Order? I should write back and say that you require proof of identity before sending them a reconstituted CCA!
Better a double sided blank sheet with P.T.O on the bottom of each page!

[Spud]

Re: Grassy_K's Unenforceability Diary

Sounds like they know that most of the accounts they own are UE........Why else would they go to the trouble of knocking something up?

But you have got to give it to them for having a half arsed try

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Wow!

Any chance you can scan said 'guide' and post it here - would be interesting to see its contents!

Will do at the weekend, to be fair it's pretty crap, just 2 sides of A4 and very carefully worded. Stuff like "Writing to us to ask us for this information should not be used to avoid paying what you owe...." and "Once we send you the requested information the debt is enforceable..."

Was just surprised that they had gone to the trouble to produce a dedicated, separate flyer on the subject.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

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...

Wow!

Any chance you can scan said 'guide' and post it here - would be interesting to see its contents!

[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..

[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

[nanna58]

Re: Grassy_K's Unenforceability Diary

We are all with you Grassy xxxx

[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.


Thanks everyone for your continued support. This is all very stressful but a quick calculation shows me that I already have £16,000 debt admitted unenforceable at this stage in my journey, and quite a bit more UE but not admitted by the creditors. This forum is quite simply a wonderful alternative to bankruptcy, CCJs or a literal "life sentence" treadmill of repayments!