Grassy_K's Unenforceability Diary

[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!

[Pixie]

Re: Grassy_K's Unenforceability Diary

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!

It probably confused the hell out of them so that they didn't know HOW to respond...

[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!
24/1/15 - Letter from RBS - they have now passed the account to Robinson Way to send out a few ineffectual bits of paper. Ignored.

[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.

[IF]

Re: Grassy_K's Unenforceability Diary

Hi, just checking if all is OK?

Best wishes
IF

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi all, no serious letters for over a month now, a few useless DCA drivel missives but that's all. Keeping a low profile on quite a few potentially problematic things, plus PRA Group and Link are currently quiet after I raised legitimate UE complaints with them in January.

[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: Not paying since June 2014

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....
24/10 - STILL NO RESPONSE FROM LLOYDS TO MY CCA REQUEST AND MY 2 CHASER LETTERS RE SAID CCA REQUEST - but a lovely letter of introduction from the kind folks at Crappy Knickers who are going to be hassling me unsuccessfully for money for a while, until they get bored. I am to call them "so that they can confirm liability for the debt"- lol, there's no liability whilst in default of a CCA request - letter binned.

08/03/15 - Response from Lloyds after 5 months!! Please find enclosed a copy of your signed agreement (illegible) - we are satisfied the terms were present on the agreement but we can't supply them at the moment. Whilst we cannot supply them we will not be seeking to enforce the agreement. You still need to pay us blah blah etc. etc.

I'm keeping that letter very safe! Result! Thank you to all who help me occasionally on this wonderful forum

[Deepie]

Re: Grassy_K's Unenforceability Diary

Hey well done ......

[greymatter]

Re: Grassy_K's Unenforceability Diary

Absolutely

[nanna58]

Re: Grassy_K's Unenforceability Diary

Wowzers xxxxx

[MrsD]

Re: Grassy_K's Unenforceability Diary

fab new Grassy, just you add that to your nice neat filing, carefully

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

fab new Grassy, just you add that to your nice neat filing, carefully

Cough... yes... my nice neat filing.. hmmm... OK, will do Mrs D

[CleverClogs (RIP)]

Re: Grassy_K's Unenforceability Diary

Cough... yes... my nice neat filing.. hmmm... OK, will do Mrs D

At least put it in the appropriate tatty shoe box.

[CleverClogs (RIP)]

Re: Grassy_K's Unenforceability Diary

Co-Op Platinum Card
17/07 - Letter received from Co-Op. No CCA for you, son... "We first require a wet signature in order to verify your identity".

I'd be tempted to do exactly that.

I'd give them such a wet signature that it smudged when put in the envelope.

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.

If they could not find the missing terms in September, how did they find them four months later?

Were they part of the original terms and conditions, or had they been added subsequently?

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I'd be tempted to do exactly that.

I'd give them such a wet signature that it smudged when put in the envelope.


If they could not find the missing terms in September, how did they find them four months later?

Were they part of the original terms and conditions, or had they been added subsequently?

Looked like a paper and scissors job to me. I was going to scan and send to Niddy for evaluation but Link have gone very quiet since I sent them a SWID 2 months ago, so sleeping dogs and all that... I'm hoping I'm in the "too difficult to deal with" file.. along with my Link Barclaycard where they sent a UE recon but not heard a peep for months now. Lying low...