Grassy_K's Unenforceability Diary

[MrsD]

Re: Grassy_K's Unenforceability Diary

for the moment I would pop off a missing prescribed terms, we know it's enforceable, The average desk drone in a DCA doesn't and probably won't care. just keep a close eye on the replies so that anything nasty is picked up

some of us have been blagging some for years and years and years .................................................. .........................

[Spud]

Re: Grassy_K's Unenforceability Diary

for the moment I would pop off a missing prescribed terms, we know it's enforceable, The average desk drone in a DCA doesn't and probably won't care. just keep a close eye on the replies so that anything nasty is picked up

some of us have been blagging some for years and years and years .................................................. .........................

Mrs D is right, If this were me I would just play the game and save some funds as niddy suggests,

Worst scenario you eventually have to pay up by instalments some time down the line........You havn't lost anything but have saved up a bit towards it !!!

Best scenario, You don't pay for 6 years and the account gets SB

You have nothing to lose by blagging. I have been blagging Capital one for ages and so have many others with favourable results

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Mrs D is right, If this were me I would just play the game and save some funds as niddy suggests,

Worst scenario you eventually have to pay up by instalments some time down the line........You havn't lost anything but have saved up a bit towards it !!!

Best scenario, You don't pay for 6 years and the account gets SB

You have nothing to lose by blagging. I have been blagging Capital one for ages and so have many others with favourable results

Thanks Spud & MrsD. I will do as suggested. Can you elaborate a bit more on your Capital One experience please? I have a card that's all but enforceable except on the thinnest of minor technicalities. Niddy said to consider blagging/fighting but it's a big debt.

It not that I don't have the stomach to fight, I'm not paying on a fair chunk of UE debt at the moment, but the EN/borderline stuff worries me when I see other people in here with claims being issued against them by the likes of MKDP who seem to steamroller through the template letters and go to court anyway! I can't under any circumstances have a CCJ against me. Such a fool to (let my ex) run up so much debt in the first place, but never mind.... we can only try and keep on keeping on.

[MrsD]

Re: Grassy_K's Unenforceability Diary

I've actually forgotten what has happened with our Cap1 debts, I have I think a couple of half hearted responses about looking for stuff and a couple of insisting letters that they are under no obligation to produce anything.........rubbish of course.

Just keep an eye on it, it's the only way to deal for the moment, just don't ignore any letters.

[Spud]

Re: Grassy_K's Unenforceability Diary

I am out and about at the minute but for the first time i have just tried AAD on my phone. When i get back home after too much bonfire smoke....rocket fumes.....burnt hot dogs and tired out littleones i will post again to elaborate a little more. Somebody pass the mustard.....

[Enforcer]

Re: Grassy_K's Unenforceability Diary

Crap 1 drove me mad with constant phone calls, passed a/c around a few dca's, now gone dead! nothing from them for over 2 years. About 41/2 years since last payment. Don't worry, most of their "agreements were unenforceable. Don't pay them. Follow advice from members.

[Spud]

Re: Grassy_K's Unenforceability Diary

Sorry, Better late than never.....

OK I stopped paying my Cap one account - Around 2k balance. CCA that came back was good and sadly judged by Niddy as enforceable although I have a sneaking suspicion that although good, The terms that they sent would be different to the original ones ect and if push comes to shove they would not be able to produce them properly.......I could be wrong !!!
Either way, I decided to blag it out a bit....

So, I sent them a series of letters basically stating that they had failed to comply with my CCA request fully and what was received was missing terms ect ( Based upon templates available here) They wrote back stating that they had complied ( They always do) and I just sent them another such letter (missing terms ect)

They have passed me around a few DCA's - I sent the missing P/T's letter - They investigate ( which takes about a month) Then come back to me that Capital One says they have complied - So I send them one which says what has been received does not comply ect - You get the drift!

After about 6 months the DCA passes the account back to Capital One who farm it out to another DCA and the cycle repeats itself !!!

Now after about 18 months its gone pretty quiet - Apart from a 40% off full and final offer from the latest DCA.

The longer this goes on, The closer to SB I become and of course the more money I can save ( As I am not paying them)
As I am not paying they are more likely to offer a reduction to get some money back as a F&F and so its effectively a win win situation.

If they start to get heavy, I can always offer them a full and final payment plan but at the moment it is going quiet so its heading in the right direction.

You will know if and when they decide to ramp any account up towards court action and you can always come to a payment agreement at the 11th hour......If it gets that far.....many don't.

Even if it went to court, And I had decided to defend (and not make a payment offer to halt proceedings) and I then lost the case, The maximum I would owe would be the balance ( Poss a bit of interest) so again I would not really lose much. There would be no legal fees as £10k and under falls into the small claims track. I then pay it off at a court set £1 week ect. Inflation would slowly erode the value of the balance so in reality I still win long term!!!

Remember litigation is a costly and unpredictable business, It will cost them sometimes more to get the money back than the balance owing......Hence they pass it from DCA to DCA at nil cost to try their luck. Banks and DCA's rely upon the fact that 90% of people get frightened by their pretty red letters and pay up. The ones that don't are often too costly or too risky to pursue - Its purely a commercial decision.

I know you want to avoid a CCJ at all costs but there are many stages before now and a CCJ - If it was necessary and you were to jump in with an offer of payment at the 11th hour and no litigation costs to them, They would most likely accept......and at less than the balance now! - How can you lose?

Of course there is always a risk of court action, There always would be when you stop paying something, But there are ways around this other than a CCJ. If you are willing to start making payments now, You could see how it goes and if you have to just start making payments at that time but by then you will be in a stronger position savings and offer wise. In the short term you don't really have anything to lose as I see it

Sorry not trying to teach you how to suck eggs, I know you know the score, Just how I see it.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Brilliant, Spud. Thanks. I'm surprised your account's not been sold to Lowell's or similar but looking good so far!

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

RBS Mastercard

Date commenced: Approx. 2002

Approx Balance £1700

Date last paid: June 2014

Defaulted: September 2014

11/10 - After letter-based threats culminating in a doorstep visit from a collector (not answered...), I have now received a letter that my debt has been outsourced to Apex Credit Management to collect (a division of Cabot...). I'll just sit tight on this one. They've not purchased the debt, they can't do anything except send threatening letters. I'll save the CCA request for when the debt eventually gets sold off.
23/10 - Letter from Apex - we are instructed to recover the debt in full.... call us now.... (ignored).
10/11 - Apex credit management are "very disappointed" that I have not contacted them about the debt or made a payment. They now believe that I am deliberately trying to ignore or evade the debt and will advise their client accordingly UNLESS I call them!

Poor old Apex seem to be taking it all a bit personally? It's just money, after all.... Letter binned.

[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.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi folks,

Couple of updates on my diary above. It's all gone nicely quiet, by quiet I mean no serious threats on the radar- usual bunch of DCA drivel, automated letters etc., but even that has calmed down somewhat. I'm paying zilch on 10 debts, token payments to 4 enforceable ones that were looking threatening. Long may it continue. Thanks for all the advice and help on here.

[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.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Did you sign a new agreement for the upgrade mate?

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Did you sign a new agreement for the upgrade mate?

I've put some further info on the private upload thread Niddy. Many thanks. In a nutshell - yes but still MPT on the upgrade agreement I think, therefore still UE?

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

I'll let you know through the night / tmw buddy.