Grassy_K's Unenforceability Diary

[Grassy_K]

Hi all, not posted for a while as I hear very little from creditors these days. Just received a nice letter from Lowell throwing in the towel on a 1k overdraft debt. Was disputing it for months based on excessive charges, interest on interest etc. They will no longer be taking action to recover the debt.

[Joanna Connolly Solicitors]

Lloyds Platinum Mastercard

Date commenced: Approx. 2004

Approx Balance £4900

Date last paid: June 2014

Defaulted: 2012?

[B]Status: Not paying since June 2014

Account owner: Lloyds (was outsourced to Robbers Way to harrass me despite being on a DMP - after complaint made, Robbers Way returned a/c to Lloyds)

30/06 - CCA request sent to Lloyds
13/07 - Now this is just odd. I've received a single sheet (on Lloyds headed paper) statement for the last 10 months - no letter, nothing. The letter also has Robbers Way name and address instead of Lloyds where the sender's address goes. Perhaps there is more to come, as I hear Lloyds are quite handy with the scissors and glue?
06/10 - Letter from Lloyds - as we have not been able to come to a repayment arrangement, we've instructed a Debt Collection Agency, Akinika (aka Crappy Knickers) to arrange collection of the outstanding debt. Please contact Crappy Knickers as soon as possible on this number xxxx xxxx. Scary stuff indeed (not) - I've changed my phone numbers and place of work, LOL
06/10 - I'll just remind them that they are still in default of my Section 78 request....
24/10 - STILL NO RESPONSE FROM LLOYDS TO MY CCA REQUEST AND MY 2 CHASER LETTERS RE SAID CCA REQUEST - but a lovely letter of introduction from the kind folks at Crappy Knickers who are going to be hassling me unsuccessfully for money for a while, until they get bored. I am to call them "so that they can confirm liability for the debt"- lol, there's no liability whilst in default of a CCA request - letter binned.

08/03/15 - Response from Lloyds after 5 months!! Please find enclosed a copy of your signed agreement (illegible) - we are satisfied the terms were present on the agreement but we can't supply them at the moment. Whilst we cannot supply them we will not be seeking to enforce the agreement. You still need to pay us blah blah etc. etc.

August 2016: Account sold to Cabot

October 2016: Cabot: Pay up or we're preparing court action against you

November 2016: Letter sent to Cabot referring them to the OC's letter of March 2015 (unenforceable). Account now on hold while they investigate

May 2017: Cabot gave up in writing

Hello Grassy K

I've been looking back through your Diary and can see that this ex-Lloyds account (credit card) may be due to become Statute Barred this year

Have you not heard anything at all from Cabot since your last post?

Debt purchasers sometimes review accounts a few months before their predicted SB date to consider giving it one last throw of the dice.

Di

[Grassy_K]

Hello Grassy K

I've been looking back through your Diary and can see that this ex-Lloyds account (credit card) may be due to become Statute Barred this year

Have you not heard anything at all from Cabot since your last post?

Debt purchasers sometimes review accounts a few months before their predicted SB date to consider giving it one last throw of the dice.

Di

Hello Diana,

Apologies for the slow response, not around as much these days, all is quiet.

Regarding this account, no, not heard a peep so I think they gave up the ghost. I do receive the odd letter from Cabot re other accounts, but nothing to worry about so they just go in the bin.

[Grassy_K]

Barclaycard #1 (old Egg card)

Date commenced: Approx. 2004

Approx Balance £9,000

Date last paid : Token £5 payments on DMP every month, then dropped DMP in 2012 and paid £1/month

Defaulted - Jan 2013

Account owner: Barclaycard

1/2 - Letters x 2 from Barclaycard "After reviewing your payments" we are now issuing a formal demand for payment (with threat of court action). Can avoid this by telephoning them and coming to a payment arrangement. And P.S we screwed up your CRA reporting. We're now correcting it and defaulting you.
24/2 - CCA requests x 2 sent to Barclaycard for each card (after a little delay on my part)
5/3 - Very lengthy reconstituted Egg agreement received from Barclaycard. Accompanying Letter: "...we have now fully complied with all our obligations under S.78". It looks good and professional
19/3 - Niddy says - no agreement just T&Cs
22/3 - UE letter sent to Barclaycard
11/6 - Response from Barclaycard enclosing a copy of my signed application form from 2003. Niddy says Enforceable
30/09/2016 - Debt sold to Asset Link Capital no. 5 Limited - token £1 payments no payment plan entered into
17/03/2020 - Letter from Link on behalf of Asset Link Capital no.5 Limited


So I've been paying £1/month token payments since 2016 but never contacted them (debt enforceable).
Letter from Link Financial - "PLEASE READ THIS LETTER CAREFULLY" - they go on to say that they are concerned that no arrangement has been reached on how this debt is to be repaid, they are entitled to immediate repayment but I have a chance to set up a direct debit for £90/month instead.

I'm thinking to sit tight for now, but unfortunately I seem to have appeared on their radar again after nearly 4 years. Not looking forward to the next letter. Any thoughts appreciated.

[Joanna Connolly Solicitors]

Barclaycard #1 (old Egg card)

Date commenced: Approx. 2004

Approx Balance £9,000

Date last paid : Token £5 payments on DMP every month, then dropped DMP in 2012 and paid £1/month

Defaulted - Jan 2013

Account owner: Barclaycard

1/2 - Letters x 2 from Barclaycard "After reviewing your payments" we are now issuing a formal demand for payment (with threat of court action). Can avoid this by telephoning them and coming to a payment arrangement. And P.S we screwed up your CRA reporting. We're now correcting it and defaulting you.
24/2 - CCA requests x 2 sent to Barclaycard for each card (after a little delay on my part)
5/3 - Very lengthy reconstituted Egg agreement received from Barclaycard. Accompanying Letter: "...we have now fully complied with all our obligations under S.78". It looks good and professional
19/3 - Niddy says - no agreement just T&Cs
22/3 - UE letter sent to Barclaycard
11/6 - Response from Barclaycard enclosing a copy of my signed application form from 2003. Niddy says Enforceable
30/09/2016 - Debt sold to Asset Link Capital no. 5 Limited - token £1 payments no payment plan entered into
17/03/2020 - Letter from Link on behalf of Asset Link Capital no.5 Limited


So I've been paying £1/month token payments since 2016 but never contacted them (debt enforceable).
Letter from Link Financial - "PLEASE READ THIS LETTER CAREFULLY" - they go on to say that they are concerned that no arrangement has been reached on how this debt is to be repaid, they are entitled to immediate repayment but I have a chance to set up a direct debit for £90/month instead.

I'm thinking to sit tight for now, but unfortunately I seem to have appeared on their radar again after nearly 4 years. Not looking forward to the next letter. Any thoughts appreciated.

Hello Grassy

I can see that your s77-79 CCA Request was sent to Barclaycard in 2016 before it was assigned to Asset Link Capital No 5 Ltd.

In response you appear to have only received reconstituted Egg Ts & Cs so the account became unenforceable at that stage.

You then wrote back challenging their response (perhaps a mistake to alert them to the issue) and you were then sent a signed application form dated 2003 by Barclaycard

Barclaycard didn't acquire Egg until 2011 so can you confirm whether the document they sent you (dated 2003) was a Barclaycard or Egg application form?

Di

[Grassy_K]

Hello Grassy

I can see that your s77-79 CCA Request was sent to Barclaycard in 2016 before it was assigned to Asset Link Capital No 5 Ltd.

In response you appear to have only received reconstituted Egg Ts & Cs so the account became unenforceable at that stage.

You then wrote back challenging their response (perhaps a mistake to alert them to the issue) and you were then sent a signed application form dated 2003 by Barclaycard

Barclaycard didn't acquire Egg until 2011 so can you confirm whether the document they sent you (dated 2003) was a Barclaycard or Egg application form?

Di

Hello Di :-)

It was a signed Egg application form..

[Joanna Connolly Solicitors]

Hello Di

It was a signed Egg application form..

This doesn't necessarily mean that the current debt owner would be able to source the same document if asked (don't send a new CCA Request yet).

However you say that the debt purchaser who was assigned this debt in 2016 is/was Asset Link Capital (No 5) Ltd who are not authorised by the FCA - their permissions ended/lapsed on 31/01/2015 so they are not authorised to issue legal proceedings.

FCA Link (unless it times out) > http://fca-consumer-credit-interim.f...rSearchPageNew


Jo explains the significance of this here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

I wouldn't lose too much sleep over this debt.

Di

[Grassy_K]

Wow, that's brilliant news Di. Thank you!

The cheek of them, trying to collect debts without authorisation lol

I guess they could get authorised again in the future..

[Grassy_K]

Quickquid

Date loan taken out 2013
Amount of loan Was the Flexcredit product (now discontinued) - fixed credit limit with drawdown on request and 20% per month interest.
Amount paid to date
Date a payment was last made 2014
Status (i.e. have you discussed a payment arrangement)? F&F offered of remaining principal less interest - refused
Did you have to fill out an application form and do you have a copy? Yes (electronic) - and no
Were you given any pre-contact information or fact sheet so you could assess the affordability of the loan that was being offered to you? I think so, from memory
Were you given a Risk Warning at any point during the application process (ie. told something along the lines of 'make sure this product is right for you' No, don't think so
Were you given a credit agreement and if so do you have a copy? Did have one electronically, no copy
Did you at any time 'roll over' (or did you 'reloan') and if so how many times? Yes, was constantly drawing down and repaying in a vicious circle
Did you get a notice of assignment from QQ regards Arc Europe taking over the account? Yes
When was the last time you sent any correspondence to them (either by email or post) and have you kept copies of any of the correspondence that you have with them? About 5 months ago for F&F, yes I kept it.

[COLOR=#ff0000][B]2/11/16 : Email received from Quickquid : notice account sale to Motormile.

17/05/20: So I've been making token payments to this lot (Lantern, formerly Motormile) for a while because they threatened me with court. That's not really an option any more due to Covid and impending redundancy in September. So now they are after me again with threat letters and emails.

Unfortunately my record keeping is awful due to personal chaos, I do remember making an unaffordable lending complaint to Quickquid from a template letter which may have been from here, back around 2016, but that was rejected.

I have 7 days to reply to their latest threats but I'm a bit lost as to how to proceed. These have been by far the most aggressive debt purchaser I've ever dealt with so any advice on next steps would be much appreciated.

[Joanna Connolly Solicitors]

I've only just seen this post (sorry I missed it).

How much is the debt/account balance being chased by Lantern?

You've mentioned threats, but have you actually received a Letter of Claim?

Di

[Grassy_K]

I've only just seen this post (sorry I missed it).

How much is the debt/account balance being chased by Lantern?

You've mentioned threats, but have you actually received a Letter of Claim?

Di

Hi Di,

£800.

I just got the latest threatogram this afternoon and it only mentions assignment to an external field agent now, which as we all know, is no problem. Phew.

I can breathe a little easier for the moment. But any advice welcome.

Cheers

Grassy

[Joanna Connolly Solicitors]

it only mentions assignment to an external field agent now

Hopefully the *social distancing* rules will put a stop to that

Di

[Grassy_K]

Ahh, the sound of (almost) silence. What a difference 6 years makes to the scared and despairing post that this man made to start off this thread in 2014. How time flies.

More badness rolled off the credit file this month. I have one bad debt left on there which expires in April next year. No intention of getting more credit though. I have a Vanquis card which gets paid off in full every month.

So, 60k plus interest not repaid. Not out of the woods just yet, because I was making token payments for quite a while on some, but hey ho.

Link and PRA gone very quiet. Getting the odd halfhearted Cabot letter offering a discount. Only headache is Lantern/Motormile re Quickquid, who are still aggressively pursuing a payday loan, but managing to keep them talking and holding them off.. for.now.

I have a theory that Covid has impacted the debt purchasers, and they are probably focusing on all the juicy new debts from people losing their jobs, at the expense of the old rubbish. Plus the courts have quite a backlog...

Hope all are safe and keeping well.

[Joanna Connolly Solicitors]

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

^ ^ ^ Is this the debt where PRA have "gone very quiet"?

If your last payment was in June 2014 then it might have become Statute Barred this summer (defaulted 2012?).

That doesn't mean PRA won't give it one last shot, so post up if they do!

Di

[Grassy_K]

^ ^ ^ Is this the debt where PRA have "gone very quiet"?

If your last payment was in June 2014 then it might have become Statute Barred this summer (defaulted 2012?).

That doesn't mean PRA won't give it one last shot, so post up if they do!

Di

I have 3 "debts" with PRA. A Virgin credit card, an MBNA Platinum and the Halifax.

They admit the first 2 are UE on their yearly statements, LOL. The Halifax is the biggie but yes, all is currently quiet. Long may it remain so. I will need to check when the last payment was made to see if its SB yet.