Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

If the CCA is now 100% UE then (I know I'm going to regret this when the claim arrives, lol) I fight on.

One question should I respond to their latest threat?

Thanks Niddy and Spud for the advice and encouragement.

[cymruambyth]

Re: Grassy_K's Unenforceability Diary

Does it say that they will issue a claim? I'm trying to work out if it is a LBA. If it is, then there is a specific LBA response letter.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

It's not a LBA but getting close.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Well the CCA doesn't have original terms plus other stuff.

In honestly, if it was me I'd literally send a missing PT's template to make them aware there's a fault but leave it vague - don't tell them what's actually wrong

[Spud]

Re: Grassy_K's Unenforceability Diary

Well the CCA doesn't have original terms plus other stuff.

In honestly, if it was me I'd literally send a missing PT's template to make them aware there's a fault but leave it vague - don't tell them what's actually wrong

Totally agree, Missing PT's but no detail. Don't give anything away

Then If the LBA comes, You can refer them back to your PT's letter. If they persist and claim......You have the upper hand. You have told them there are issues but they ignored these ( Where as a holder of a CCA licence they ought to stop) and have railroaded ahead despite being made fully aware - That is not going to help them in front of a district judge is it?

[Spud]

Re: Grassy_K's Unenforceability Diary

(I know I'm going to regret this when the claim arrives, lol)

I will just correct you there....You will be a bit disheartened IF the claim arrives, But I am positive you wont regret it when it reaches a conclusion one way or another

Remember you are not alone in this

[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"

16//5/16 - Niddy and AAD Solicitor confirm 100%

16/5/16 - Slightly customised MPT letter concocted, first paragraph reminds of previous correspondence. Asked Niddy to kindly check it over before sending. Will send reply in next day or so.


Thanks everyone for your continued support. This is all very stressful but a quick calculation shows me that I already have £16,000 debt admitted unenforceable at this stage in my journey, and quite a bit more UE but not admitted by the creditors. This forum is quite simply a wonderful alternative to bankruptcy, CCJs or a literal "life sentence" treadmill of repayments!

[nanna58]

Re: Grassy_K's Unenforceability Diary

We are all with you Grassy xxxx

[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"

16//5/16 - Niddy and AAD Solicitor confirm 100%

16/5/16 - Slightly customised MPT letter concocted, first paragraph reminds of previous correspondence. Asked Niddy to kindly check it over before sending. Will send reply in next day or so.
18/5/16 - MPT / UE letter sent to Parasitic Recovery A$$wipes Group

[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"

16//5/16 - Niddy and AAD Solicitor confirm 100%

16/5/16 - Slightly customised MPT letter concocted, first paragraph reminds of previous correspondence. Asked Niddy to kindly check it over before sending. Will send reply in next day or so.
18/5/16 - MPT / UE letter sent to Parasitic Recovery A$$wipes Group
25/5/16 - Received acknowledgement of correspondence letter and a 2 sided separate enclosure -The PRA Guide To Unenforceability & SS.77/79 of the Consumer Credit Act!! Seriously!! They must be getting a lot of requests...
Letter was from and signed by the Chief Operating Officer of PRA Group..

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

25/5/16 - Received acknowledgement of correspondence letter and a 2 sided separate enclosure -The PRA Guide To Unenforceability & SS.77/79 of the Consumer Credit Act!! Seriously!! They must be getting a lot of requests...

Wow!

Any chance you can scan said 'guide' and post it here - would be interesting to see its contents!

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Wow!

Any chance you can scan said 'guide' and post it here - would be interesting to see its contents!

Will do at the weekend, to be fair it's pretty crap, just 2 sides of A4 and very carefully worded. Stuff like "Writing to us to ask us for this information should not be used to avoid paying what you owe...." and "Once we send you the requested information the debt is enforceable..."

Was just surprised that they had gone to the trouble to produce a dedicated, separate flyer on the subject.

[Spud]

Re: Grassy_K's Unenforceability Diary

Sounds like they know that most of the accounts they own are UE........Why else would they go to the trouble of knocking something up?

But you have got to give it to them for having a half arsed try

[Roger]

Re: Grassy_K's Unenforceability Diary

Will do at the weekend, to be fair it's pretty crap, just 2 sides of A4 and very carefully worded. Stuff like "Writing to us to ask us for this information should not be used to avoid paying what you owe...." and "Once we send you the requested information the debt is enforceable..."

Was just surprised that they had gone to the trouble to produce a dedicated, separate flyer on the subject.

Did they send a £1 Postal Order? I should write back and say that you require proof of identity before sending them a reconstituted CCA!
Better a double sided blank sheet with P.T.O on the bottom of each page!

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Will do at the weekend, to be fair it's pretty crap, just 2 sides of A4 and very carefully worded. Stuff like "Writing to us to ask us for this information should not be used to avoid paying what you owe...." and "Once we send you the requested information the debt is enforceable..."

Was just surprised that they had gone to the trouble to produce a dedicated, separate flyer on the subject.

Yes but it would be interesting to see if what in that flyer is misleading. For example - just because they send you the requested information does NOT necessarily make it enforceable.

CONC guidelines state that creditors should not mislead or misrepresent a debtors legal position. If that flyer does so, could be interesting, and actually be used against them!