Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Quick update from me. Nothing much to report, couple of new DCA's on the scene from smaller debts still with the OC (Moorcroft & Apex), usual crappy, impotent letters - nothing to even lose 1 minute's sleep over.

For the rest, the bigger or sold off debts, I confess to having lost the momentum and energy for chasing them, arguing UE or offering token payments, and am simply sitting on my hands until I receive a serious threat, which will no doubt come in due course.

I do have a complaint in with the Co-Op for continuing to chase a UE debt, but this being Co-Op they will no doubt not give in that easily and continue to say it's EN even though missing terms. Apart from that it's spookily quiet and I'm hoping to make it through to the New Year by just keeping my head down!

[nanna58]

Re: Grassy_K's Unenforceability Diary

Hope it says quiet grassy xxx

[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.
31/12/14 - Co-op have had a complaint open re my previous letter for over a month, now. Received a holding letter that they haven't yet been able to resolve it and please wait up to another 4 weeks. Suits me..

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Virgin Mastercard (MBNA)

Date commenced: Approx. 2004

Approx Balance £1500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

Account owner: Aktiv Kapital

04/08 - CCA request sent to Aktiv Kapital
14/08 - 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.
27/10 - Letter from Aktiv Kapital - here's your CCA, now pay up. Documentation is good, signed credit agreement with full T&C's, all prescribed terms, correct APR, charges, address at the time etc.
28/10 - Preparing token payment offer
30/10 - Change of plan based on Niddy's advice - just leaving it for now

Forgot to update this one in October so here it us.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Lloyds Platinum Mastercard

Date commenced: Approx. 2004

Approx Balance £4900

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: Lloyds (was outsourced to Robbers Way to harrass me despite being on a DMP - after complaint made, Robbers Way returned a/c to Lloyds)

30/06 - CCA request sent to Lloyds
13/07 - Now this is just odd. I've received a single sheet (on Lloyds headed paper) statement for the last 10 months - no letter, nothing. The letter also has Robbers Way name and address instead of Lloyds where the sender's address goes. Perhaps there is more to come, as I hear Lloyds are quite handy with the scissors and glue?
06/10 - Letter from Lloyds - as we have not been able to come to a repayment arrangement, we've instructed a Debt Collection Agency, Akinika (aka Crappy Knickers) to arrange collection of the outstanding debt. Please contact Crappy Knickers as soon as possible on this number xxxx xxxx. Scary stuff indeed (not) - I've changed my phone numbers and place of work, LOL
06/10 - I'll just remind them that they are still in default of my Section 78 request....
31/12/14 - Happy New Year from Akinika- your debt remains outstanding, pay up within 7 days. Binned - Lloyds still haven't responded to my request for docs.

[MrsD]

Re: Grassy_K's Unenforceability Diary

New Year Resolution for Grassy NO BINNING everything filed
Happy New Year!!

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

New Year Resolution for Grassy NO BINNING everything filed
Happy New Year!!

Thanks MrsD, Happy New Year to you too, I promise to be

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

MBNA Platinum Card

Date commenced: Approx. 2004

Approx Balance £550

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

Account owner: Aktiv Kapital

04/08 - CCA request sent to Aktiv Kapital
14/08 - 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.

09/01/15 - Very polite and friendly letter from PRA Group (Aktiv) - to help us resolve this matter and assist with our investigations, please confirm the approximate date you left [previous address]. I didn't provide a previous address to them, obviously, in my CCA request. They enclose a reply paid envelope for my convenience! If I have any questions I am to telephone a named contact at PRA who will be happy to assist.

Presumably I should ignore this - I don't want to "assist" them to put together a dodgy recon, they are clearly struggling?

[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")

[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!


As this is a blatant case of SWID I'll be popping off a strongly worded SWID to ALC shortly!! Unbelievable.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Evening all,

Well it seems like the New Year has stirred the scumbags into action, getting a blizzard of correspondence from toothless DCAs (ignored) and debt purchasers (responding to). Things are starting to get a bit hotter and I have to admit I'm not finding it easy to cope with, together with suffering from depression, but I'm fighting on as best I can. I think I'll possibly be hitting stalemate with some of these accounts shortly.

[nanna58]

Re: Grassy_K's Unenforceability Diary

I would await Niddys reply and try to stay calm if you are not too well please don't make it worse.Good luck xxx

[Pixie]

Re: Grassy_K's Unenforceability Diary

You seem to be doing really well Grassy_K... hang in there!

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I would await Niddys reply and try to stay calm if you are not too well please don't make it worse.Good luck xxx

Thank you. I'm not awaiting anything from Niddy, I only disturb him when I get really stuck, lol

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Virgin Mastercard (MBNA)

Date commenced: Approx. 2004

Approx Balance £1500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

Account owner: Aktiv Kapital

04/08 - CCA request sent to Aktiv Kapital
14/08 - 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.
27/10 - Letter from Aktiv Kapital - here's your CCA, now pay up. Documentation is good, signed credit agreement with full T&C's, all prescribed terms, correct APR, charges, address at the time etc.
28/10 - Preparing token payment offer
30/10 - Change of plan based on Niddy's advice - just leaving it for now
17/1/15 - Legal threat now received, and paperwork is EN, £5 monthly offer made and accepted. They won this one for the moment, but are on the back foot with two other currently UE accounts so the bigger picture is still OK.