Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Hi all, no serious letters for over a month now, a few useless DCA drivel missives but that's all. Keeping a low profile on quite a few potentially problematic things, plus PRA Group and Link are currently quiet after I raised legitimate UE complaints with them in January.

[IF]

Re: Grassy_K's Unenforceability Diary

Hi, just checking if all is OK?

Best wishes
IF

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Co-Op Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2014

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.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

RBS Mastercard

Date commenced: Approx. 2002

Approx Balance £1700

Date last paid: June 2014

Defaulted: September 2014

11/10 - After letter-based threats culminating in a doorstep visit from a collector (not answered...), I have now received a letter that my debt has been outsourced to Apex Credit Management to collect (a division of Cabot...). I'll just sit tight on this one. They've not purchased the debt, they can't do anything except send threatening letters. I'll save the CCA request for when the debt eventually gets sold off.
23/10 - Letter from Apex - we are instructed to recover the debt in full.... call us now.... (ignored).
10/11 - Apex credit management are "very disappointed" that I have not contacted them about the debt or made a payment. They now believe that I am deliberately trying to ignore or evade the debt and will advise their client accordingly UNLESS I call them!
24/1/15 - Letter from RBS - they have now passed the account to Robinson Way to send out a few ineffectual bits of paper. Ignored.

[Pixie]

Re: Grassy_K's Unenforceability Diary

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!

It probably confused the hell out of them so that they didn't know HOW to respond...

[Grassy_K]

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!

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Virgin Mastercard (MBNA)

Date commenced: Approx. 2004

Approx Balance £1500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

Account owner: Aktiv Kapital

04/08 - CCA request sent to Aktiv Kapital
14/08 - 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.
27/10 - Letter from Aktiv Kapital - here's your CCA, now pay up. Documentation is good, signed credit agreement with full T&C's, all prescribed terms, correct APR, charges, address at the time etc.
28/10 - Preparing token payment offer
30/10 - Change of plan based on Niddy's advice - just leaving it for now
17/1/15 - Legal threat now received, and paperwork is EN, £5 monthly offer made and accepted. They won this one for the moment, but are on the back foot with two other currently UE accounts so the bigger picture is still OK.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

I would await Niddys reply and try to stay calm if you are not too well please don't make it worse.Good luck xxx

Thank you. I'm not awaiting anything from Niddy, I only disturb him when I get really stuck, lol

[Pixie]

Re: Grassy_K's Unenforceability Diary

You seem to be doing really well Grassy_K... hang in there!

[nanna58]

Re: Grassy_K's Unenforceability Diary

I would await Niddys reply and try to stay calm if you are not too well please don't make it worse.Good luck xxx

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Evening all,

Well it seems like the New Year has stirred the scumbags into action, getting a blizzard of correspondence from toothless DCAs (ignored) and debt purchasers (responding to). Things are starting to get a bit hotter and I have to admit I'm not finding it easy to cope with, together with suffering from depression, but I'm fighting on as best I can. I think I'll possibly be hitting stalemate with some of these accounts shortly.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Co-Op Platinum Card

Date commenced: Approx. 2004

Approx Balance £3500

Date last paid: June 2014

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!


As this is a blatant case of SWID I'll be popping off a strongly worded SWID to ALC shortly!! Unbelievable.

[Grassy_K]

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")

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

MBNA Platinum Card

Date commenced: Approx. 2004

Approx Balance £550

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange until June 2014, nothing since then

Account owner: Aktiv Kapital

04/08 - CCA request sent to Aktiv Kapital
14/08 - 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.

09/01/15 - Very polite and friendly letter from PRA Group (Aktiv) - to help us resolve this matter and assist with our investigations, please confirm the approximate date you left [previous address]. I didn't provide a previous address to them, obviously, in my CCA request. They enclose a reply paid envelope for my convenience! If I have any questions I am to telephone a named contact at PRA who will be happy to assist.

Presumably I should ignore this - I don't want to "assist" them to put together a dodgy recon, they are clearly struggling?

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

New Year Resolution for Grassy NO BINNING everything filed
Happy New Year!!

Thanks MrsD, Happy New Year to you too, I promise to be