Grassy_K's Unenforceability Diary

[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
9/5/16 - Niddy says irredeemably - payments stopped

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

If it's in breach NEVER re-request (as they can remedy)......

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

10/5/16 - American Express (general cashback spending card - status normal). "We would like to offer you a credit limit increase".

Good to see responsible lending is alive and well. 60k in the hole, creditors threatening court but here.. have some more. It's this sort of thing that got me and my ex into so much trouble in the first place...

[nanna58]

Re: Grassy_K's Unenforceability Diary

You must be a valued customer Grassy xxx

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

10/5/16 - American Express (general cashback spending card - status normal). "We would like to offer you a credit limit increase".

Good to see responsible lending is alive and well. 60k in the hole, creditors threatening court but here.. have some more. It's this sort of thing that got me and my ex into so much trouble in the first place...

use it wisely but definitely use it

[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...

Quick update on this one. With the help of Niddy, the AAD Solicitor has had a look and thinks its 50/50 as to unenforceability. I've decided to resume token payments before court action happens.

Still 2-1 to me with the PRA Group, and my other 2 with them are definitely UE so they will never see that money. But sometimes you have to know when to walk from the poker table...

[cymruambyth]

Re: Grassy_K's Unenforceability Diary

PRA could still issue a claim. If they do a Tomlinson order can be arranged which is repayment without a judgementp

[Spud]

Re: Grassy_K's Unenforceability Diary

Have you made that payment yet Grassy?

Don't be too hasty with payments, As others have said There are other ways and means to avoid CCJ's and making token payments does not exclude them from issuing a claim anyway. It could encourage them. I appreciate your intent and understand your trail of thought but PRA do not play by the normal rules

So what if it might be Enforceable, They still have an uphill battle first and knowing PRA, Believe me they will most likely have some big issues that they may not be able to overcome. Being Enforceable or not is only a small part of a bigger argument. Many people have had Enforceable agreements but claims have fallen down on many other points.

I could be wrong ( Niddy/Legal step in here if I am wrong?) But to my knowledge no AAD member who has fought a case with the AAD legal team has ever received a CCJ even after losing a case at trial.....There are other ways than a CCJ

I do appreciate your position but mabee explore the other avenues first?

It may be 2-1 but you could make it 3-0

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good luck Grassy AAD solicitor definitely knows her stuff .xxx

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Have you made that payment yet Grassy?

Don't be too hasty with payments, As others have said There are other ways and means to avoid CCJ's and making token payments does not exclude them from issuing a claim anyway. It could encourage them. I appreciate your intent and understand your trail of thought but PRA do not play by the normal rules

So what if it might be Enforceable, They still have an uphill battle first and knowing PRA, Believe me they will most likely have some big issues that they may not be able to overcome. Being Enforceable or not is only a small part of a bigger argument. Many people have had Enforceable agreements but claims have fallen down on many other points.

I could be wrong ( Niddy/Legal step in here if I am wrong?) But to my knowledge no AAD member who has fought a case with the AAD legal team has ever received a CCJ even after losing a case at trial.....There are other ways than a CCJ

I do appreciate your position but mabee explore the other avenues first?

It may be 2-1 but you could make it 3-0

Thanks mate will mull it over a bit. Just to clarify they haven't yet sent a LBA. The letter notifies me that the account is now in the litigation department and invites me to contact them to make a payment arrangement. They won't issue a claim if I'm paying. But knowing PRA, we know what will happen soon if I don't.

[Spud]

Re: Grassy_K's Unenforceability Diary

Thanks mate will mull it over a bit. Just to clarify they haven't yet sent a LBA. The letter notifies me that the account is now in the litigation department and invites me to contact them to make a payment arrangement. They won't issue a claim if I'm paying. But knowing PRA, we know what will happen soon if I don't.

It is a difficult position and there is no right or wrong way to proceed unfortunately. Certainly people can advise but it is the option that you are happiest with and one which fits in with your circumstances that will be best for you. I was just worried that you had done so much and come so far and I did not want you to think that to start making payments was the only way forward until you were aware of the other options and able to make an informed decision......Which complicates the matter I know

Having spoken to you over PM I do now understand your position a bit better, I wont say too much here but I can see your position

[nanna58]

Re: Grassy_K's Unenforceability Diary

Only you can make the right choice for you what ever you decide good luck xxxx

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

I've suggested he fights on. An offer can be done post-claim if necessary. Let's see what Grassy says

[Roger]

Re: Grassy_K's Unenforceability Diary

Obviously I don't know all the details - however PRA are aggressive bully boys but with a Claim the devil is in the detail?
Might be worth a SAR to get a fuller picture! 50:50 on just the CCA seems a less than certain Position!
Why anticipate the contents of a PRA Claim. There is many a slip between cup and lip!
As Niddy says an offer can be made post-claim!

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

The CCA itself is UE - 100%. They are in default of s.78 as things stand.