Grassy_K's Unenforceability Diary

[Enforcer]

Re: Grassy_K's Unenforceability Diary

Barclaycard Always consider that their agreements are enforceable. The FOS cannot rule on the enforceability of agreements, however they ruled in my case that Barclaycard were unable to comply with my CCA request. Could not supply a reconstituted agreement nor the prescribed terms. Thanks to Niddy I won in the end!

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Grassy that is a letter BC send out all the time, other creditors send their own versions.

I would wait and see what they do next, all part of UE's rich tapestry

Thanks, MrsD. I will wait and prepare for a possible fight on this one.

[MrsD]

Re: Grassy_K's Unenforceability Diary

Grassy that is a letter BC send out all the time, other creditors send their own versions.


I would wait and see what they do next, all part of UE's rich tapestry

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Update on this. Lengthy 3 page reply from Barclaycard quoting Carey and a few others. They consider the account to be fully enforceable and will pursue repayment.

It appears that stalemate has been reached and I'm concerned that if the standoff continues, the account will be heading for MKDP in the near future, with all the pain and suffering that entails. I'm really not sure where to go from here?

Anyone..? Any ideas where to go next please? I thought creditors were not allowed to mislead re enforceability under FCA rules?

Should I maybe upload the letter to Niddy?

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Barclaycard #2 (old Egg Blue card)

Date commenced: Approx. 2004

Approx Balance £9,000

Date last paid : Token £5 payments on DMP until June 2014, nothing since then

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 request sent to Barclaycard for each card
23/7 - Reconstituted agreement (just two sets of T&Cs) received from Barclaycard
29/7 - "T&C's sent" letter sent to Barclaycard
13/8 - Response received from Barclaycard - "in response to your request for your application, please find enclosed". What was actually enclosed was a printout of a set of data from the 'alleged' internet application - name, address, employer, income etc. NO linked terms, more importantly not a signed credit agreement. I'm fairly sure this is but will scan and submit everything to Niddy just to be on the safe side, as it's a large amount of money. I think I'm also still going to have to press them a little harder on the matter of whether they hold a signed agreement as well, although we know that Egg are good at reconstituting if pushed, but this account is currently not being paid even token payments for the time being.
19/08 - Niddy confirms , advised to send T&C's received letter again - done

Update on this. Lengthy 3 page reply from Barclaycard quoting Carey and a few others. They consider the account to be fully enforceable and will pursue repayment.

It appears that stalemate has been reached and I'm concerned that if the standoff continues, the account will be heading for MKDP in the near future, with all the pain and suffering that entails. I'm really not sure where to go from here?

[Undercover Elsa]

Re: Grassy_K's Unenforceability Diary

Oh yes indeed! A day of intense negotiations I'll never ever forget!!! He's actually a really nice guy too.

[Never-In-Doubt]

Re: Grassy_K's Unenforceability Diary

Considering we allow 1st Credit membership on AAD; that says it all.

They do behave properly believe it or not, plus they know our templates - so 2+2.....

Marbles agreements aren't the best and 1st probably know this. When they purchase debts they have recourse to return to the OC. ALL debt purchasers insert such a clause as it's required within FCA Regulation (that any genuine queries must be investigated via the OC and collection activity must cease). 1st probably know it's s dud and have decided it's not worth their involvement. Plus I'd end up talking to my contact if they pursued an UE debt - ask Elsa

[IF]

Re: Grassy_K's Unenforceability Diary

Brilliant Grassy_K

[julian]

Re: Grassy_K's Unenforceability Diary

They seem to be giving up too easily by sending the debt back to Marbles. My experience of them is they bluff and bluster till you cave in or they keep over.

Could it be that Niddy has inserted some integrity into their operation? The only other alternative is that they are buying debts 'on approval' and they can send back the ones they can't make money out of. I'ld like to think our Niddy has crushed them.

Well done!

[Undercover Elsa]

Re: Grassy_K's Unenforceability Diary

Nice one GK

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Marbles Credit Card

Date commenced: Approx. 2003

Approx Balance £1950

Date last paid Aug 2013

Defaulted December 2013

Account owner 1st Credit

12/4 - Letter of introduction / NOA received from 1st Credit - they've crawled out of the woodwork on a Marbles debt that I stopped paying on about 6 months ago.
12/4 - CCA request sent to 1st Credit and debt disputed

Update

19/4/14 - Fairly nice, non threatening response from 1st Credit thanking me for my letter. They have requested the relevant documents from the original creditor, Marbles, and will post them to me when they receive them.
6/09/14 - Letter from 1st Credit - we are reassigning your account back to Marbles. They will be in touch....

This one looks like a case of just sitting out another 5 years until SB... they clearly have zero paperwork.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

Mint 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: RBS

30/07 - CCA request sent to Mint.
30/08 - 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.

[Grassy_K]

Re: Grassy_K's Unenforceability Diary

[/COLOR][/B]So I hope you got a dog to lick the last digital signature you sent them to provide the soggy verification?

[COLOR=#0000cd]

Excellent news!

Yes, strange choice of words there from the Co-Op. Perhaps they're still taking too much of Paul Flowers' finest.

Regarding the Barclaycard, yes it's ok so far but I'm not celebrating yet because this is the sister card to the Egg Green card. When I really pushed them about the agreement on the Green, they did come up with it in the end, so I'm hoping when I challenge again on this blue card that the same thing doesn't happen.

[SaltnVinegar]

Re: Grassy_K's Unenforceability Diary

"We first require a wet signature in order to verify your identity".

So I hope you got a dog to lick the last digital signature you sent them to provide the soggy verification?

20/08 - Niddy says

- missing prescribed terms letter sent.

Excellent news!

[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.