Grassy_K's Unenforceability Diary

[Grassy_K]

** Edited January 2023 **

I decided not to post again on my thread because it feels like the right time for it to hopefully sink beneath the waves, and posting would bump it back onto Page 1.

So I'm now editing my hopefully last post to say grateful thanks to all at AAD and Joanna Connolly Solicitors - and best wishes to all AAD users.

The scared and desperate man who first posted over 10 years ago on here, his life falling apart, is no more.

£42,000 of credit card debt that would have been hanging around my shoulders for the rest of my life is now statute barred and completely unrecoverable. A further £18,000 is nicely ticking towards SB now, too

For anyone reading my diary this far, anyone in a similar situation as I was in, don't hesitate - get back in control of your life and get those debts gone. I was a silly goose and prolonged the whole thing by making token payments - waste of time. The banks and collection agencies are not as scary as you think. Just office based muppets trying to pick off as much low hanging fruit as possible - so make sure you are a rotten apple high up the tree!

I'll still pop by occasionally to read up on things. But for now...

Signing off... all the best... Grassy K

[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 .

> > > >

07/07/21 - Man from Resolvecall, very hard knocks at the door and repeated doorbell presses. Didn't answer. He was outside for over 10 minutes and rang next door's bell, saw him speaking to them, not sure what was said, surely they aren't allowed to do that. After putting a card through the door he sat in his car for 10 minutes outside the house then eventually buggered off.

It seems The Man From Resolvecall may have been trying to justify any fee he was being paid to call on you. It's my understanding that these doorstep agents get commission based on what (if anything) they collect.

I've looked back at your recent post which seems to say that you sent a s77-79 CCA Request to Mint in 2014 which Niddy said was enforceable which is why you understandably agreed to make a token payment each month.

Your recent post says that the debt was "taken over by Cabot some time ago" and that you were making token payments to them.

What your post doesn't say is whether you have ever sent a CCA Request to Cabot in case they're not able to comply with that if they don't have access to the data/information held by Mint.

Don't send a CCA Request to Cabot now until the history of this debt becomes clearer.

Di

[Warwick65]

Mint Platinum Card



07/07/21 - Man from Resolvecall, very hard knocks at the door and repeated doorbell presses. Didn't answer. He was outside for over 10 minutes and rang next door's bell, saw him speaking to them, not sure what was said, surely they aren't allowed to do that. After putting a card through the door he sat in his car for 10 minutes outside the house then eventually buggered off.

They probably shouldn't do that but a lot will depend on what was said- if they mentioned who they are from or what it is about they are in deep doodoo

[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.

07/07/21 - Man from Resolvecall, very hard knocks at the door and repeated doorbell presses. Didn't answer. He was outside for over 10 minutes and rang next door's bell, saw him speaking to them, not sure what was said, surely they aren't allowed to do that. After putting a card through the door he sat in his car for 10 minutes outside the house then eventually buggered off.

[Spud]

But surely in this day and age these people cannot exist

Be perfect wouldn't it

[PlanB]

HFC Credit Card

Date commenced: Approx. 2003

Approx Balance £5900

Date last paid Oct 2020

Defaulted December 2013

Account owner HFC still (I think)

. . .
13/4/14 - Monthly payment offer prepared[/B]
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

That's a bit rude!

It seems your relationship with them has broken down

Here's hoping they now assign (sell) your account to a debt purchaser who isn't able to get hold of the same credit agreement which they sent you in 2014. Preferably one that doesn't have FCA authorisation to issue legal proceedings.

Di

[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.

[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.

[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

[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]

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.

[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]

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]

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.