Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Ah, I see what's happened.

You have an ex-Barclaycard with Link not an ex-Barclaycard with MKDP.

Anyway did you get a reply to your LBA response letter?

Plan B x

Never sent an LBA PlanB, because you and Niddy thought it not wise at that time. I was recommended to send a fresh CCA but never got around to it, which is entirely my fault, and I shall do so soon.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

All went quiet for a while but now a blast from the past - ARC Europe acting for Quick quid (I know, I know...) £750, old debt. They've given me 14 days to pay up or "may" pass to their solicitors. Since they are working as a DCA not a debt purchaser, I shall ignore for now but if anyone has any advice on dealing with these idiots I'll gratefully take it.

I must say they have been crafty so far, calling my mobile from multiple mobile numbers, but I've always listened for the telltale dead line before it connects to a phone monkey, and quickly hung up then reverse lookup on the number and block. Blocked 6 numbers so far!

[cymruambyth]

Re: Grassy_K's Unenforceability Diary

I have asked SnV our payday specialist to have a look.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

All went quiet for a while but now a blast from the past - ARC Europe acting for Quick quid (I know, I know...) £750, old debt. They've given me 14 days to pay up or "may" pass to their solicitors. Since they are working as a DCA not a debt purchaser, I shall ignore for now but if anyone has any advice on dealing with these idiots I'll gratefully take it.

I must say they have been crafty so far, calling my mobile from multiple mobile numbers, but I've always listened for the telltale dead line before it connects to a phone monkey, and quickly hung up then reverse lookup on the number and block. Blocked 6 numbers so far!

Hi Grassy K

Whats the history behind this? Have you got a diary/thread anywhere on it?

I know Arc Europes tactics very well, they used to employ a 'solicitor for hire' (Trevor Munn) who was prosecuted before the solicitors disciplinary tribunal for several breaches, but they have stopped using this tactic now

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi Grassy K

Whats the history behind this? Have you got a diary/thread anywhere on it?

I know Arc Europes tactics very well, they used to employ a 'solicitor for hire' (Trevor Munn) who was prosecuted before the solicitors disciplinary tribunal for several breaches, but they have stopped using this tactic now

I didn't include this one in my diary, first time I've had any problems with it, defaulted about 19 months ago after I realised I couldn't get the debt paid off due to the horrendous 20% monthly interest, got it frozen and made monthly payments like a wuss, couldn't afford them any longer so stopped paying about 10 months ago, however they only noticed this about 4 months ago LOL. Did offer a F&F of remaining principal (around £100) less interest, which is the bulk of the debt, but this was refused and so here we are, and it's recently been punted out to ARC, who are ... extremely.. keen to talk to me. But they won't get to.

Cheers

Grassy

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

I didn't include this one in my diary, first time I've had any problems with it, defaulted about 19 months ago after I realised I couldn't get the debt paid off due to the horrendous 20% monthly interest, got it frozen and made monthly payments like a wuss, couldn't afford them any longer so stopped paying about 10 months ago, however they only noticed this about 4 months ago LOL. Did offer a F&F of remaining principal (around £100) less interest, which is the bulk of the debt, but this was refused and so here we are, and it's recently been punted out to ARC, who are ... extremely.. keen to talk to me. But they won't get to

Ok, let see what we can do with this. Could you provide the following info please?:

• Date loan taken out
• Amount of loan
• Amount paid to date
• Date a payment was last made
• Status (i.e. have you discussed a payment arrangement)?
• Did you have to fill out an application form and do you have a copy?
• Were you given any pre-contact information or fact sheet so you could assess the affordability of the loan that was being offered to you?
• Were you given a Risk Warning at any point during the application process (ie. told something along the lines of 'make sure this product is right for you'
• Were you given a credit agreement and if so do you have a copy?
• Did you at any time 'roll over' (or did you 'reloan') and if so how many times?
• Did you get a notice of assignment from QQ regards Arc Europe taking over the account?
• When was the last time you sent any correspondence to them (either by email or post) and have you kept copies of any of the correspondence that you have with them?

I know its a lot of information I'm asking for - please don't be put off by that, take a couple of days if you need to. What we're looking to do is establish if QQ have followed the Lending Code, and also have provided the information to you they are required under the consumer credit act.

Best
SnV

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Alright. I've got some homework to do then - back in a few days, thanks SnV

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Date loan taken out 2013
Amount of loan Was the Flexcredit product (now discontinued) - fixed credit limit with drawdown on request and 20% per month interest.
Amount paid to date
Date a payment was last made 2014
Status (i.e. have you discussed a payment arrangement)? F&F offered of remaining principal less interest - refused
Did you have to fill out an application form and do you have a copy? Yes (electronic) - and no
Were you given any pre-contact information or fact sheet so you could assess the affordability of the loan that was being offered to you? I think so, from memory
Were you given a Risk Warning at any point during the application process (ie. told something along the lines of 'make sure this product is right for you' No, don't think so
Were you given a credit agreement and if so do you have a copy? Did have one electronically, no copy
Did you at any time 'roll over' (or did you 'reloan') and if so how many times? Yes, was constantly drawing down and repaying in a vicious circle
Did you get a notice of assignment from QQ regards Arc Europe taking over the account? Yes
When was the last time you sent any correspondence to them (either by email or post) and have you kept copies of any of the correspondence that you have with them? About 5 months ago for F&F, yes I kept it.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Well this lot ARC are the most persistent bunch of buggers I've ever encountered - several calls a day to my mobile with caller displays pretending to be another mobile phone, now calls to my workplace have started as well. Completely unacceptable and the telephone harassment letter will be going off forthwith.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Threat received from ARC Today - "A county court claim has now been prepared against you" with 14 days to pay up. Are you around, SaltnVinegar? I could really do with some advice on this.

[Deepie]

Re: Grassy_K's Unenforceability Diary

Threat received from ARC Today - "A county court claim has now been prepared against you" with 14 days to pay up. Are you around, SaltnVinegar? I could really do with some advice on this.

might be an idea to give him a quick PM ...........

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Threat received from ARC Today - "A county court claim has now been prepared against you" with 14 days to pay up. Are you around, SaltnVinegar? I could really do with some advice on this.

Hiya

Are you able to post a copy of the letter please (taking out personal info)?

Could you also let me know what the original loan you took out was for (or the rollover), how much you've paid to date, and also what the balance is they are claiming?

Thanks
SnV

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hiya

Are you able to post a copy of the letter please (taking out personal info)?

Could you also let me know what the original loan you took out was for (or the rollover), how much you've paid to date, and also what the balance is they are claiming?

Thanks
SnV

Thanks SnV, please find attached heavily redacted letter.

They are claiming in the ballpark of around £800-£900 with the court costs on top.

It's hard to say what the original loan was for because I was simply granted the facility and constantly taking bits out and repaying to live on. However I've gone through all the statements and have paid £150 less in to the account than I've taken out of it. The excess over and above this amount they are claiming on top of that, is purely the interest.

I offered to pay Quickquid the £150 difference in full and final resolution of the matter back in May, but they refused and passed the account to ARC shortly after.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Hi Grassy

You said you had an electronic copy of the credit agreement. Was this sent to you via email and can you dig it out?

I'm sorry to push on this, but otherwise we're flying blind a bit as there's information in that credit agreement that could be important. Knowing the original amount of credit, and the type of credit agreement is also important.

Arc Europe have been known to issue claims, but its very rare. I think we can challenge the above but it depends on what records you have kept.

[nanna58]

Re: Grassy_K's Unenforceability Diary

All the very best Grassy xx