Grassy_K's Unenforceability Diary

[nanna58]

Re: Grassy_K's Unenforceability Diary

You mean you're not complying Grassy

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I'm unable to turn over my personal information to a gang of bloodsucking leeches, no. No money to pay the debt even if I wanted to, anyway.

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good on ya x

[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.
7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.
29/3/16 - "Ignoring this debt will not make it go away - you owe us, now pay up" letter from Link. I feel things are going to escalate from this point.

I'll do what I said I was going to do in 2015 and get the docs uploaded later this week for advice. I'll feel safer if I have all my ducks in a row in advance, so to speak.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Yes definately get the docs uploaded for Niddy to look at, you'll know what basis you're fighting from then.

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.
7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.
29/4/16 - "Ignoring this debt will not make it go away - you owe us, now pay up" letter from Link. I feel things are going to escalate from this point.

I'll do what I said I was going to do in 2015 and get the docs uploaded later this week for advice. I'll feel safer if I have all my ducks in a row in advance, so to speak.

[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.
7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.
29/3/16 - "Ignoring this debt will not make it go away - you owe us, now pay up" letter from Link. I feel things are going to escalate from this point. I'll do what I said I was going to do in 2015 and get the docs uploaded later this week for advice. I'll feel safer if I have all my ducks in a row in advance, so to speak.
4/4/16 - Uploaded CCA docs for Niddy to check

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Could you email me please mate. Hard to read the uploads on mobile so better in PDF in email if possible? If not I'll check uploads in a day or so.

Thanks.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Could you email me please mate. Hard to read the uploads on mobile so better in PDF in email if possible? If not I'll check uploads in a day or so.

Thanks.

Done, Niddy. Thanks!

[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.
7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.
29/3/16 - "Ignoring this debt will not make it go away - you owe us, now pay up" letter from Link. I feel things are going to escalate from this point. I'll do what I said I was going to do in 2015 and get the docs uploaded later this week for advice. I'll feel safer if I have all my ducks in a row in advance, so to speak.
4/4/16 - Uploaded CCA docs for Niddy to check
6/4/16 = Niddy says still . I will sit tight until the next threat arrives and respond accordingly at that point.

[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
6/4/16 - I've just noticed the thread on here about all pre-2007 Virgin cards being irredeemably unenforceable... Niddy suggested on that thread to send the CCA to take a look... that's what I'll do

[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.
7/10/15 - Bugger. Bloody Link Financial again. They no longer consider this account to be in dispute and are seeking payment. 1 month to fill in an I&E form. No threats.
29/3/16 - "Ignoring this debt will not make it go away - you owe us, now pay up" letter from Link. I feel things are going to escalate from this point. I'll do what I said I was going to do in 2015 and get the docs uploaded later this week for advice. I'll feel safer if I have all my ducks in a row in advance, so to speak.
4/4/16 - Uploaded CCA docs for Niddy to check
6/4/16 = Niddy says still . I will sit tight until the next threat arrives and respond accordingly at that point.
30/4/16 - The monthly missive from Link has arrived. They note that although they purchased the debt on xx date they have yet to receive any proposals for payment and helpfully suggest paying it off in installments over the next 10 years. They enclose a direct mandate for my convenience. IGNORED.

[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!

27/3/15 - I knew it was too good to last - it's been so quiet recently apart from the usual useless DCA drivel, but now PRA have resurfaced enclosing the missing T&C's. No threats yet, but require me to make contact by 19th April.

7/5/16 - PRA Group - your account has now been transferred to our Investigations and Litigation department for litigation recovery. 14 days to set up a payment plan or make contact to avoid, quote, the "next stage"

I have one week left from the date of the letter to respond, so no immediate panic, but really could use some advice here please, folks. I cannot have a CCJ because of my job. I can afford to resume £5 per month token payments if I have to but obviously would rather go the UE route if it actually is still UE. We know that PRA do routinely issue claims, so I am assuming that I will receive a LBA in the post within the next month or so, if I don't respond...

[Pixie]

Re: Grassy_K's Unenforceability Diary

Wait and see what others say GrassyK but I'd be tempted to send another CCA Request asap. They're not supposed to issue a claim if there's a CCA Request outstanding so it'll give you more time to consider your options.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

They already have a CCA so it won't buy much time. I'm just really trying to work out if I should capitulate or not. Its UE status is a bit of a grey area.

[MrsD]

Re: Grassy_K's Unenforceability Diary

no reason not to send another CCA, it's passed through a few hands, who knows what might come back? or not