Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

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)!!

One thing I've learned from this forum is not to do anything without posting on here and taking advice, or consulting "behind the scenes".

Appreciate you must deal with loads of emails and situations so can't remember everything, but In this case the action of replying to them (and indeed the text of that reply) was approved by you Niddy, prior to sending it.

I will proceed with the course of action you recommended and get the batches sorted. Nothing to lose, and worst case they have the small payment that I'm no longer making to them on my UE Virgin Mastercard Some you win... some you don't?

Thanks for confirming that my thoughts around the prescribed terms were b****cks by the way

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Ahh well never mind anyway; they tend to do what they want whether you respond or not but lets hope it stays UE eh

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Ahh well never mind anyway; they tend to do what they want whether you respond or not but lets hope it stays UE eh

We can hope. I've zapped over the PDFs for a quick once over like you suggested mate.

[Wanderlust]

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.

Actually, you did say to send a missing terms template letter on the post quoted below:

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

[Wooster]

Re: Grassy_K's Unenforceability Diary

Hello
Nice to see someone stuffing the bankers

I am not sure what the missing PT letter is to be honest but I expect I will learn

Maybe it is a different debt but weren't you told to send a missing PT back in the middle of May and you then said you had composed one and were just waiting for Niddies OK. I guess he gave it to you.

What have they sent you that makes all the difference as I am waiting on a CCA response from Cabot. I was told a week ago it had been sent but not arrived yet, not the first time a DCA has told me something is in the post that doesn't arrive

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Actually, you did say to send a missing terms template letter on the post quoted below:

Maybe so but I don't just deal with one case so things can get confused when I've got hundreds of emails to go through.

I do remember this now, it's not a missing PT's which was sent back. It was customised heavily and was in fact fine to send. However, In the norm I'd be saying not to.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

What have they sent you that makes all the difference

a signed agreement

[Wanderlust]

Re: Grassy_K's Unenforceability Diary

Here you go guys.

[ATTACH=CONFIG]21158[/ATTACH][ATTACH=CONFIG]21160[/ATTACH]

Rubbish! They bought the account because it was already in default. They can't issue a default notice because the notice is for you to pay the arrears and be up to date with your account so you can keep your card. PRA are not going to give you a new card, are they? The default will be there for 6 years even if you pay them, makes no difference so not paying them does not affect your credit record. They think we all believe in Santa or what?

[Pixie]

Re: Grassy_K's Unenforceability Diary

I like how PRA keep stating the threat that not paying can affect your credit record. By the time PRA get hold of it the odds are that your credit record is already well and truly fekked!

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I like how PRA keep stating the threat that not paying can affect your credit record. By the time PRA get hold of it the odds are that your credit record is already well and truly fekked!

Noddle says I have a 'disaster rating' of just over 100! It also shows regular searches by the PRA Group (of course...) and Link Financial...

[Pixie]

Re: Grassy_K's Unenforceability Diary

I have checked my credit report for close on 6 years...and I've no intention of doing either!

[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


16/6/16 Evening all, another day more PRA crap to deal with. This time for the Virgin Mastercard. They are sorry to see that I've not maintained the agreed payment and urge me to give the matter my full attention to avoid "further action".

Right - I think this one may be worth a customised UE letter quoting PRA Group vs Kelsey - so that they know that I know, as it were. I won't do anything until the good folks on here have kindly weighed in on the matter and the Boss has given thumbs up or thumbs down...

[Pixie]

Re: Grassy_K's Unenforceability Diary

Right - I think this one may be worth a customised UE letter quoting PRA Group vs Kelsey - so that they know that I know, as it were. I won't do anything until the good folks on here have kindly weighed in on the matter and the Boss has given thumbs up or thumbs down...

I'm not sure about that. It may be best to just file it away. If it's irredeemably UE then they probably won't get far should they chance taking you to court. Wait and see what others say though as this is only my opinion.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I'm not sure about that. It may be best to just file it away. If it's irredeemably UE then they probably won't get far should they chance taking you to court. Wait and see what others say though as this is only my opinion.

Yes, will wait, thanks. I'd rather not get as far as court if possible. Depends if Virgin card statuses will mean much to them.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

OR - read this -> http://forums.all-about-debt.co.uk/s...-Unenforceable!

ps PRA v Kelsey is AAD -> http://forums.all-about-debt.co.uk/s...22-August-2014