Grassy_K's Unenforceability Diary

[SaltnVinegar]

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

PRA have had their arses kicked in court on a few occasions the last couple of months. Sounds like rather than putting their own house in order, and getting the legalities correct, they are trying to frighten debtors into not putting PRA to task on the legal responsibilites.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Here you go guys.

[Susie]

Re: Grassy_K's Unenforceability Diary

I love the simplicity of the wording on page 2, "if the information is sent the debt is enforcable again"

[cymruambyth]

Re: Grassy_K's Unenforceability Diary

I love the simplicity of the wording on page 2, "if the information is sent the debt is enforcable again"

But it doesn't say that it has to be the legally correct information . Could also do with proof reading :

[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.

28/5/16 - Link - "We have not written to you for some time because we had to locate your address. Please telephone us to confirm your intentions regarding the outstanding balance..."

Filed.

[nanna58]

Re: Grassy_K's Unenforceability Diary

Bloody good aren't they 30/6/16 no less x

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Oops. Edited. Already wrote the update 5 times as the browser kept reformatting the text every time I changed the colour..

[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..


11/6/16 - Well that didn't take long. PRA have now come back and have managed to get hold of the missing credit agreement, with signatures.
However, from my limited knowledge I believe there may be issues with missing prescribed terms (APR and credit limit are not on the agreement document), and the supplementary docs are definitely a recon (£12 missed payment fees etc.). They did previously bodge up a recon with the correct details but have now reverted to sending incorrect recon again, LOL
As usual I will scan and ask for a definitive opinion from the Boss

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good luck Grassy xx

[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 2014

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..


11/6/16 - Well that didn't take long. PRA have now come back and have managed to get hold of the missing credit agreement, with signatures.
However, from my limited knowledge I believe there may be issues with missing prescribed terms (APR and credit limit are not on the agreement document), and the supplementary docs are definitely a recon (£12 missed payment fees etc.). They did previously bodge up a recon with the correct details but have now reverted to sending incorrect recon again, LOL
As usual I will scan and ask for a definitive opinion from the Boss

15/6/16 - Sent email to Niddy for help

[nanna58]

Re: Grassy_K's Unenforceability Diary

Good move x

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

Lets see what Niddy says, if there are no prescribed terms then that helps you, and not them - but you don't tell them that

I would ignore their 'guide to enforceability' also - if they knew what they were doing they wouldn't be getting regular spankings in court!

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

why are you writing back - once I say it's UE you can just go quiet - each time you respond they can remedy previous errors......

However as per my email, I need you to send me the batches of responses you've received so I can properly look at things as I think it's now enforceable as a result of your repeated letters to them.....

In May (last month) both myself and Jo said it was UE so you went and replied to them sending a MPT (why? I'd not have done that)!!

Let's see - awaiting your email.

[Spud]

Re: Grassy_K's Unenforceability Diary

You are in a really good position Grassy, You need to have trust in what the site team/members are telling you and together we will get you through this. They have a lot of experience in this matter and many successes

To win you need to take a definative path which sometimes may not sit quite right with you or feel comfortable but unfortunately you cannot take the risk of sending letters at this critical stages....Sometimes less is so much more

If you feel a bit uneasy about not replying where you feel you ought to etc, Post up here...Always ask first. Its natural to be doubtful sometimes. You need to look at the successes already and take some comfort in the knowledge that you will be on the right track

Given the time between responses, I am sure everything will be fine with your paperwork etc

Keep fighting Grassy

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Spud - it was UE. Now it's EN. As I said above, they've *likely* remedied it now (hope not)!

This is why we always suggest not replying willy-nilly as it can usually cause more damage. Unfortunate but it is what it is. We can only work with what we have in front of us.

This explains process -> http://forums.all-about-debt.co.uk/s...l=1#post541854