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  • Re: Grassy_K's Unenforceability Diary

    Originally posted by Spud View Post
    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.
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!



    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • Re: Grassy_K's Unenforceability Diary

      Here you go guys.

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      Comment


      • 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"
        When you have nothing you have nothing to lose

        Comment


        • Re: Grassy_K's Unenforceability Diary

          Originally posted by Susie View Post
          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 :
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • 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.
            Last edited by Grassy_K; 29 May 2016, 07:10.

            Comment


            • Re: Grassy_K's Unenforceability Diary

              Bloody good aren't they 30/6/16 no less x
              if you do it today and you like it you can always do it again tomorrow


              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • 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..

                Comment


                • 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

                  Comment


                  • Re: Grassy_K's Unenforceability Diary

                    Good luck Grassy xx
                    if you do it today and you like it you can always do it again tomorrow


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • 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

                      Comment


                      • Re: Grassy_K's Unenforceability Diary

                        Good move x
                        if you do it today and you like it you can always do it again tomorrow


                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • 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!
                          "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                          The consumer is that sleeping giant.!!



                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • 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.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • 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
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • 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
                                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                                Comment

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