Grassy_K's Unenforceability Diary

[Grassy_K]

Not a debt problem, but today the last default on my credit file, that Link plonked on there in 2015, fell away. The ol' credit score, trashed beyond hope last decade, is now "very good".

Can anyone recommend some good credit cards with generous limits, preferably firms that are poor at storing credit agreements?

[Joke - my borrowing days are well and truly over].

[Warwick65]

I started with Aqua and Cap 1 with low limits and high apr. Aqua upped my credit limit rapidly but the apr was about 40%. Gradually got better cards with lower apr . I bank with Yorkshire /Virgin and have cards with 2500 credit limit. My last defaults dropped off about mid 2018 and I now have almost 30k of available credit and my income is definitely on the lower side but I have no dependants and my rent is low ish . I picked 0% offers and managed to get myself some nice stuff with no interest .

[The Tech Clerk]

barclaycard or lloyds lately been good

[PlanB]

Mint Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: 2020

Defaulted: 2012?

Status: Not paying (token payments until 2020)

Account owner: Cabot

30/07/14 - CCA request sent to Mint.
30/08 /14 - Copy of application form plus 2 sets of T&Cs received from Mint. Looks possibly enforceable. Will scan and upload to Niddy by the end of the week [done]
17/09/14 - Weak collections letter received from Mint's 'Debt Recovery Office' - "we have noticed that payments are not being made in line with the special agreement. If payments are not brought up to date we may need to take further action"

25/09 - Niddy says Enforceable

23/04/21 - Update - was taken over by Cabot some time ago and was making token payments then stopped last year. Cabot letter : We are going to send Resolvecall round to put a card through the door. Filed.

18/05/21 - Letter. Resolvecall are indeed coming round to put a card through the door. Filed. Unconcerned for now.

You've every right not to be concerned.

As a reminder this debt was considered enforceable by Niddy following your CCA Request to Mint. As I posted earlier this doesn't necessarily mean that Cabot will have access to the same documents (but don't send a new CCA Request yet).

Which Cabot owns this debt - not just manages it?

If it's Cabot Financial (UK) then they are not FCA authorised to issue legal proceedings although that doesn't mean they won't try!

Jo explains the situation 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

Di

[Grassy_K]

Hi Di, it's Cabot Financial (Europe) Limited.

Hopefully it will stay with Resolve Nothing for a while...

[Warwick65]

Hi Di, it's Cabot Financial (Europe) Limited.

Hopefully it will stay with Resolve Nothing for a while...

Hi

Is that info from the notice of assignment sent by MINT or more recent letters. At some point (not now) it might be worthwhile sending a SAR to RBS to see just who they sold it to. It might be there are some discrepancies.

Although never tested in court , when I sent a SAR to Capital One it said it was sold on 7th of the month but Lowell said they bought it on the 13th so there was a gap of 6 days where it appears no one owned it . I am sure it was just admin errors but it was used in the defence although the judge looked at the DN first and no DN so claim failed.

[Grassy_K]

It was just from one of their threatograms. I will bear this in mind. If the best they can do is Resolvecall, then I'm staying quiet.

[Grassy_K]

Co-Op Platinum Card




Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2020 token £1 (date corrected)

Defaulted: 2012

Status:

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..."
02/02/21 - Email received from Link - please contact us now. Ignoring.
29/04/21 - Letter from Link / Asset Link Capital No.5 - you need to contact us now and agree a payment arrangement. Filed but keeping a close eye on this one.

15/06/21 - Email from Link - please contact us now. Deleted.

[Grassy_K]

Mint Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: 2020

Defaulted: 2012?

Status: Not paying (token payments until 2020)

Account owner: Cabot

30/07/14 - CCA request sent to Mint.
30/08 /14 - Copy of application form plus 2 sets of T&Cs received from Mint. Looks possibly enforceable. Will scan and upload to Niddy by the end of the week [done]
17/09/14 - Weak collections letter received from Mint's 'Debt Recovery Office' - "we have noticed that payments are not being made in line with the special agreement. If payments are not brought up to date we may need to take further action"

25/09 - Niddy says Enforceable

23/04/21 - Update - was taken over by Cabot some time ago and was making token payments then stopped last year. Cabot letter : We are going to send Resolvecall round to put a card through the door. Filed.
18/05/21 - Letter. Resolvecall are indeed coming round to put a card through the door. Filed. Unconcerned for now.

16/06/21 - No sign of Resolvecall (no card) but the bloody doorbell has been very busy - someone pulled up outside in an Electrical contractors' van yesterday and was ringing it for ages. No idea what that could have been about, not expecting anything. Then today someone tried to clean the windows (I don't have a window cleaner) before thinking better of it, packing the ladder away then ringing the doorbell and finally buggering off. Last week 2 charity collectors and 2 lord knows what else all hammering. I was behind the sofa and just peeking out from the upstairs curtains when I thought they had moved away from the house - expecting it was Resolvecall. Now, I know they have no powers but still. Annoyance more than anything else.

[Grassy_K]

HFC Credit Card

Date commenced: Approx. 2003

Approx Balance £5900

Date last paid Oct 2020

Defaulted December 2013

Account owner HFC still (I think)

13/1/14 Letter from HFC - account has been referred to Restons Solicitors
20/1/14 Letter to HFC - complaint re failure to consider offers or freeze interest, request for copy of Credit Agreement enclosing £1
21/1/14 Extremely threatening letter received from Restons - pay up by January 30th or we will issue a County Court summons
21/1/14 Letter to Restons - outstanding CCA request and account in dispute with HFC
29/1/14 Letter from Restons - We are referring to our client and will revert back to you in due course
13/2/14 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
13/2/14 - Letter from Restons - backing down from the court action - no longer instructed in this matter, please direct all future communications to HFC
25/2/14- 13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
19/3/14 - Phone call from HFC - apologies for taking a long time to respond - offer of 3 months' interest and charges refunded (unfortunately only back to the account...) sorry it's taken so long to respond to the CCA request but it will be provided within the next 3-4 weeks (no hurry!).
28/3/14 Update: Signed for parcel from HFC received. Here is the information you requested. Consisting of 1) Statement of account 2) Photocopy of genuine application form with signatures of applicant & bank 3) Pages 1 & 2 of T&C's which should total 4 pages according to the footer. Will scan and send to the Master tonight, but I think I see a couple of issues with this from an enforceability standpoint. Here's hoping.
13/4/14 - Niddy confirms . Thanks Niddy!
13/4/14 - Niddy's had a rethink - (or at least, very easy to remedy the UE status if they wanted to)
13/4/14 - Monthly payment offer prepared
11/2/21 Quick update on this one, they accepted a token payment offer of £10 a month back in 2014, to take Restons Solicitors off my back. It's still in-house as far as I know. This was supposed to be for 6 months then reviewed. Never really heard from them since, dropped the standing order to £5 a year ago, then to £1 in October last year, cancelled completely 2 months ago. Still silence. The debt will still be there, of course, but let's see what happens now.
23/04/21 - Letter - they want to talk to me, urgently. Still with in house collections.

01/06/21 - Letter - they feel it would be of benefit to discuss the arrears with them. No threats yet. Quite the contrast when they initially set Restons on me after being 3 months down in 2014. But need to keep an eye on this one as Enforceable.

[Warwick65]

Mint Platinum Card



16/06/21 - No sign of Resolvecall (no card) but the bloody doorbell has been very busy - someone pulled up outside in an Electrical contractors' van yesterday and was ringing it for ages. No idea what that could have been about, not expecting anything. Then today someone tried to clean the windows (I don't have a window cleaner) before thinking better of it, packing the ladder away then ringing the doorbell and finally buggering off. Last week 2 charity collectors and 2 lord knows what else all hammering. I was behind the sofa and just peeking out from the upstairs curtains when I thought they had moved away from the house - expecting it was Resolvecall. Now, I know they have no powers but still. Annoyance more than anything else.

Please don't be afraid. If Resolve call do call, just say there is a dispute in place and you can not comment

[Grassy_K]

HFC Credit Card

Date commenced: Approx. 2003

Approx Balance £5900

Date last paid Oct 2020

Defaulted December 2013

Account owner HFC still (I think)

13/1/14 Letter from HFC - account has been referred to Restons Solicitors
20/1/14 Letter to HFC - complaint re failure to consider offers or freeze interest, request for copy of Credit Agreement enclosing £1
21/1/14 Extremely threatening letter received from Restons - pay up by January 30th or we will issue a County Court summons
21/1/14 Letter to Restons - outstanding CCA request and account in dispute with HFC
29/1/14 Letter from Restons - We are referring to our client and will revert back to you in due course
13/2/14 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
13/2/14 - Letter from Restons - backing down from the court action - no longer instructed in this matter, please direct all future communications to HFC
25/2/14- 13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
19/3/14 - Phone call from HFC - apologies for taking a long time to respond - offer of 3 months' interest and charges refunded (unfortunately only back to the account...) sorry it's taken so long to respond to the CCA request but it will be provided within the next 3-4 weeks (no hurry!).
28/3/14 Update: Signed for parcel from HFC received. Here is the information you requested. Consisting of 1) Statement of account 2) Photocopy of genuine application form with signatures of applicant & bank 3) Pages 1 & 2 of T&C's which should total 4 pages according to the footer. Will scan and send to the Master tonight, but I think I see a couple of issues with this from an enforceability standpoint. Here's hoping.
13/4/14 - Niddy confirms . Thanks Niddy!
13/4/14 - Niddy's had a rethink - (or at least, very easy to remedy the UE status if they wanted to)
13/4/14 - Monthly payment offer prepared
11/2/21 Quick update on this one, they accepted a token payment offer of £10 a month back in 2014, to take Restons Solicitors off my back. It's still in-house as far as I know. This was supposed to be for 6 months then reviewed. Never really heard from them since, dropped the standing order to £5 a year ago, then to £1 in October last year, cancelled completely 2 months ago. Still silence. The debt will still be there, of course, but let's see what happens now.
23/04/21 - Letter - they want to talk to me, urgently. Still with in house collections.

01/06/21 - Letter - they feel it would be of benefit to discuss the arrears with them. No threats yet. Quite the contrast when they initially set Restons on me after being 3 months down in 2014. But need to keep an eye on this one as Enforceable.

30/06/21 - Letter - somewhat stroppy and unprofessional, this one. No mention of the amount of any built up arrears, amount owing or any deadline to pay. They go on to say that they "just cannot understand" (verbatim quote!) why the account is still in arrears and it needs to be paid off, call them??

[Warwick65]

As I am sure you know HFC are now part of HSBC. In my experience both HFC and Restons were particularly unpleasant , indeed HSBC were also pretty shoddy bank in the day with their so called solicitors in Birmingham .

I would let them be dazed and confused and don't give them any help at the moment to understand - see if they send anything of substance

[The Tech Clerk]

As I am sure you know HFC are now part of HSBC. In my experience both HFC and Restons were particularly unpleasant , indeed HSBC were also pretty shoddy bank in the day with their so called solicitors in Birmingham .

I would let them be dazed and confused and don't give them any help at the moment to understand - see if they send anything of substance

so called non existent :- DG Solicitors.

[The Tech Clerk]

HSBC deliberately deceived the Treasury Select Committee and was in contempt of Parliament by claiming their “fake” solicitors were regulated, whistleblower and financial activist Nicholas Wilson said Friday.

The British-born investigator, who is currently preparing a private prosecution against HSBC for its alleged role in widespread fraud, says the bank purposely misled parliament by falsely stating to Conservative MP Andrew Tyrie that their in-house legal division was regulated by the Solicitors Regulation Authority (SRA).

Wilson uncovered concrete evidence the SRA did not regulate this legal entity in 2011. As part of ongoing investigative research he is conducting into what he stresses is large-scale HSBC fraud amounting to £1 billion, the whistleblower discovered what he alleges was HSBC's deliberate deceit of Parliament.