Grassy_K's Unenforceability Diary

[Joanna Connolly Solicitors]

Does this mean you've heard nothing from Link for nearly five years until this email?

Also I'm not sure whether Niddy has said the credit agreement was unenforceable and/or if it was sent to you in response to a CCA Request to the Co-op or whether Link sent it to you (I think not).

Di

[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: Wussy £5 token payments via StepChange up to June - nothing since then

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.

[Joanna Connolly Solicitors]

I had an alert that Link Financial hard searched my credit file yesterday. Wonder what they are up to.. .

A quick look back through your thread tells me this might be in relation to a £9k Barclaycard which was originally an Egg credit card, since that’s the only one I can see with Link.

If so, could it be Statute Barred or nearly Statute Barred?

Post up if they write to you - so far they seem to be just snooping on you.

Di

[Grassy_K]

All quiet on the Western front. I had an alert that Link Financial hard searched my credit file yesterday. Wonder what they are up to.. .

[Grassy_K]

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

[Joanna Connolly Solicitors]

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

[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.

[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]

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]

it only mentions assignment to an external field agent now

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

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]

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]

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.

[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..

[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