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  • Grassy_K
    replied
    Originally posted by Diana Mayhew View Post

    Good plan.

    Never underestimate a debt purchaser’s zeal to issue legal proceedings even if they know they haven’t got a legal leg to stand on.

    They'll be hoping you don’t know that.

    Di


    Your post spurred me to check through my badly organised files. I found a statement from PRA admitting the Halifax debt is "currently unenforceable" so I am resting easy on that one now!

    3 PRA debts and all UE - hard luck, LOL

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Grassy_K View Post
    The Halifax is the biggie. . . I will need to check when the last payment was made to see if its SB yet.
    Good plan.

    Never underestimate a debt purchaser’s zeal to issue legal proceedings even if they know they haven’t got a legal leg to stand on.

    They'll be hoping you don’t know that.

    Di



    Leave a comment:


  • Grassy_K
    replied
    Originally posted by Diana Mayhew View Post


    ^ ^ ^ 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.

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Grassy_K View Post
    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

    Leave a comment:


  • Grassy_K
    replied
    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.

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Grassy_K View Post

    it only mentions assignment to an external field agent now

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

    Di

    Leave a comment:


  • Grassy_K
    replied
    Originally posted by Diana Mayhew View Post
    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

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Grassy_K
    replied


    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.

    Leave a comment:


  • Grassy_K
    replied
    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..

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Grassy_K View Post

    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 >


    Originally posted by Joanna Connolly View Post
    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.
    Originally posted by Joanna Connolly View Post

    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

    Leave a comment:


  • Grassy_K
    replied
    Originally posted by Diana Mayhew View Post


    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..

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Grassy_K View Post
    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

    Leave a comment:


  • Grassy_K
    replied
    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.

    Leave a comment:


  • Grassy_K
    replied
    Originally posted by Diana Mayhew View Post


    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.

    Leave a comment:

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