Grassy_K's Unenforceability Diary

[Grassy_K]

Re: Grassy_K vs Nasty Banks

however they won't let you pick and chose who you pay, it's all or nothing. I would be blagging the enforceable ones for the time being as well..................

The deed is done, I'm no longer a StepChange customer as of today. Braced for a tidal wave of post over the next few weeks.....

UE still scares me and I am very grateful for all the help and support from this site. Big battles lie ahead

[MrsD]

Re: Grassy_K vs Nasty Banks

however they won't let you pick and chose who you pay, it's all or nothing. I would be blagging the enforceable ones for the time being as well..................

[Grassy_K]

Re: Grassy_K vs Nasty Banks

you are definitely not the only one to give a tweaked I/E details to creditors.

I know Stepchange get bad press on here, but they have served a purpose in keeping all the wolves at bay during a very turbulent time. As a temporary measure to buy time and get away with very low payments, they've served the purpose well. They will swallow any old shyte and onions of an I&E statement.

[helmsman]

Re: Grassy_K vs Nasty Banks

you are definitely not the only one to give a tweaked I/E details to creditors.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

3 hours of letter writing, filing and admin completed.

'Terms & conditions sent' letters produced for Barclaycards x2

CCA'd two more accounts - Aktiv Kapital owned MBNA & Virgin accounts

Re-CCA'd Co-op & RBS as previously refused due to no signature


I need to cancel Step change £60 monthly payment to all those I've CCa'd and only pay the enforceables directly from now on. But SC has been good "cover" for very low payments that all creditors seemed to accept. My I&E was fictitious, lol, not living like a total monk every month. So my finger is still hovering over the destruct button... What I wouldn't give for a normal life...

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Barclaycard #3

Date commenced: Approx. 2002

Approx Balance £2500

Date last paid: June 2014

Defaulted: 2012?

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)
Account owner: IDR Finance II Ltd c/o Link Financial Outsourcing Ltd

20/08/13 Court threat (letter before action) from Link despite making token payments as agreed (claimed £5 short although it wasn't.. paid up to get rid of them)
30/06 - CCA request sent to IDR Finance via Link
14/07 - Reply from Link - as you are aware, this account was assigned from Barclaycard to IDR Finance in 2013, as such we do not hold the documentation. We have requested the documents including the most recent terms and conditions from Barclaycard and "very much look forward" (???) to providing you with them shortly. Please be aware that this may take up to 30 days.

30/07 - Update - S78 Reply received directly from Barclaycard. I deem this to be because it is just two sets of terms and conditions - no application form, no signature, no date. "Terms and conditions received" letter will be going off to LINK at the weekend.

[MrsD]

Re: Grassy_K vs Nasty Banks

bad eggs....................the clue is in the name

some are with marlin and some are with someone else, whom I've forgotten........................

[Grassy_K]

Re: Grassy_K vs Nasty Banks

you have to just keep playing the game, doesn't always follow that they would treat debts the same, MrD and I have matching bad eggs and the letter trail is different

Oh yes MrsD, the game will continue. Out of interest, were your Eggs enforceable if you don't mind me asking? Are they still in house at Barclays?

Cheers

[MrsD]

Re: Grassy_K vs Nasty Banks

you have to just keep playing the game, doesn't always follow that they would treat debts the same, MrD and I have matching bad eggs and the letter trail is different

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Barclaycard #2 (old Egg Blue card)

Date commenced: Approx. 2005

Approx Balance £9,000

Date last paid : Token £5 payments on DMP every 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 request sent to Barclaycard for each card
23/7 - Reconstituted agreement (just two sets of T&Cs) received from Barclaycard

Now, this is an identical situation to Egg Barclaycard #1, which was 2 sets of terms and conditions received but no agreement. I sent the "terms and conditions" template letter for that one and the buggers wrote back with an enforceable signed application form. I'm not going to bother Niddy with checking this one as his response is going to be "UE" for the same reason that the first response on the other card was UE. Yet I have a feeling that when I send the "terms and conditions" letter in response to this one, I'm going to get enforceable documents back again. It looks as though they only bother retrieving the signed agreement if challenged. Still, there isn't any other way around it I don't think.

[Pixie]

Re: Grassy_K vs Nasty Banks

Staff? Niddy doesn't pay us!

[Grassy_K]

Re: Grassy_K vs Nasty Banks

actually no. He never mate

Capital One

Date commenced: 2005

Approx Balance £6500

Date last paid: June 2014

Defaulted: 2011

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

Account owner: Capital One

30/06 - CCA request sent to Capital One
18/07 - Response received from Capital One - reconstituted copy of original agreement plus "defaulted" terms and conditions plus "original" terms and conditions. Goes on to talk about Carey vs HSBC, they have complied with their obligations under S78, the agreement is fully enforceable and will be treated as such... do not be mislead by claims management companies or internet that your balance can be written off.... we will not enter into any further correspondence on the provision of copy agreements.
19/07 - CCA scanned and sent to Niddy
20/07 - OK this is a strange one and I don't want to post too much in case Capital One are reading and remedy the potential issue for me or other customers. on the face of it, but after some further back and forth emails with Niddy this evening, it seems worth at least arguing for the moment based on my recollection of the application form and accompanying T&C's. Missing PT's letter to be sent.

That's what I love about this site, false hope is never dished out, and staff always tell it like it is, but if there is the most minor fault to be found - it seems Niddy will find it!

[Never-In-Doubt]

Re: Grassy_K vs Nasty Banks

Capital One
20/07 Niddy says - yet again.

actually no. He never mate

[Pixie]

Re: Grassy_K vs Nasty Banks

Are you going to blag this or offer token payments?

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Capital One

Date commenced: 2005

Approx Balance £6500

Date last paid: June 2014

Defaulted: 2011

Status: Wussy £5 token payments via StepChange (July 2014 payment missed due to lack of funds)

Account owner: Capital One

30/06 - CCA request sent to Capital One
18/07 - Response received from Capital One - reconstituted copy of original agreement plus "defaulted" terms and conditions plus "original" terms and conditions. Goes on to talk about Carey vs HSBC, they have complied with their obligations under S78, the agreement is fully enforceable and will be treated as such... do not be mislead by claims management companies or internet that your balance can be written off.... we will not enter into any further correspondence on the provision of copy agreements.
19/07 - CCA scanned and sent to Niddy
20/07 Niddy says - yet again.