Grassy_K's Unenforceability Diary

[Spud]

Re: Grassy_K's Unenforceability Diary

(I know I'm going to regret this when the claim arrives, lol)

I will just correct you there....You will be a bit disheartened IF the claim arrives, But I am positive you wont regret it when it reaches a conclusion one way or another

Remember you are not alone in this

[Spud]

Re: Grassy_K's Unenforceability Diary

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

Totally agree, Missing PT's but no detail. Don't give anything away

Then If the LBA comes, You can refer them back to your PT's letter. If they persist and claim......You have the upper hand. You have told them there are issues but they ignored these ( Where as a holder of a CCA licence they ought to stop) and have railroaded ahead despite being made fully aware - That is not going to help them in front of a district judge is it?

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

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

It's not a LBA but getting close.

[cymruambyth]

Re: Grassy_K's Unenforceability Diary

Does it say that they will issue a claim? I'm trying to work out if it is a LBA. If it is, then there is a specific LBA response letter.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

If the CCA is now 100% UE then (I know I'm going to regret this when the claim arrives, lol) I fight on.

One question should I respond to their latest threat?

Thanks Niddy and Spud for the advice and encouragement.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

The CCA itself is UE - 100%. They are in default of s.78 as things stand.

[Roger]

Re: Grassy_K's Unenforceability Diary

Obviously I don't know all the details - however PRA are aggressive bully boys but with a Claim the devil is in the detail?
Might be worth a SAR to get a fuller picture! 50:50 on just the CCA seems a less than certain Position!
Why anticipate the contents of a PRA Claim. There is many a slip between cup and lip!
As Niddy says an offer can be made post-claim!

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

I've suggested he fights on. An offer can be done post-claim if necessary. Let's see what Grassy says

[nanna58]

Re: Grassy_K's Unenforceability Diary

Only you can make the right choice for you what ever you decide good luck xxxx

[Spud]

Re: Grassy_K's Unenforceability Diary

Thanks mate will mull it over a bit. Just to clarify they haven't yet sent a LBA. The letter notifies me that the account is now in the litigation department and invites me to contact them to make a payment arrangement. They won't issue a claim if I'm paying. But knowing PRA, we know what will happen soon if I don't.

It is a difficult position and there is no right or wrong way to proceed unfortunately. Certainly people can advise but it is the option that you are happiest with and one which fits in with your circumstances that will be best for you. I was just worried that you had done so much and come so far and I did not want you to think that to start making payments was the only way forward until you were aware of the other options and able to make an informed decision......Which complicates the matter I know

Having spoken to you over PM I do now understand your position a bit better, I wont say too much here but I can see your position

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Have you made that payment yet Grassy?

Don't be too hasty with payments, As others have said There are other ways and means to avoid CCJ's and making token payments does not exclude them from issuing a claim anyway. It could encourage them. I appreciate your intent and understand your trail of thought but PRA do not play by the normal rules

So what if it might be Enforceable, They still have an uphill battle first and knowing PRA, Believe me they will most likely have some big issues that they may not be able to overcome. Being Enforceable or not is only a small part of a bigger argument. Many people have had Enforceable agreements but claims have fallen down on many other points.

I could be wrong ( Niddy/Legal step in here if I am wrong?) But to my knowledge no AAD member who has fought a case with the AAD legal team has ever received a CCJ even after losing a case at trial.....There are other ways than a CCJ

I do appreciate your position but mabee explore the other avenues first?

It may be 2-1 but you could make it 3-0

Thanks mate will mull it over a bit. Just to clarify they haven't yet sent a LBA. The letter notifies me that the account is now in the litigation department and invites me to contact them to make a payment arrangement. They won't issue a claim if I'm paying. But knowing PRA, we know what will happen soon if I don't.

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good luck Grassy AAD solicitor definitely knows her stuff .xxx

[Spud]

Re: Grassy_K's Unenforceability Diary

Have you made that payment yet Grassy?

Don't be too hasty with payments, As others have said There are other ways and means to avoid CCJ's and making token payments does not exclude them from issuing a claim anyway. It could encourage them. I appreciate your intent and understand your trail of thought but PRA do not play by the normal rules

So what if it might be Enforceable, They still have an uphill battle first and knowing PRA, Believe me they will most likely have some big issues that they may not be able to overcome. Being Enforceable or not is only a small part of a bigger argument. Many people have had Enforceable agreements but claims have fallen down on many other points.

I could be wrong ( Niddy/Legal step in here if I am wrong?) But to my knowledge no AAD member who has fought a case with the AAD legal team has ever received a CCJ even after losing a case at trial.....There are other ways than a CCJ

I do appreciate your position but mabee explore the other avenues first?

It may be 2-1 but you could make it 3-0

[cymruambyth]

Re: Grassy_K's Unenforceability Diary

PRA could still issue a claim. If they do a Tomlinson order can be arranged which is repayment without a judgementp