Grassy_K's Unenforceability Diary

[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

[Grassy_K]

Re: Grassy_K vs Nasty Banks

• NO ........I'd send this if it were me ---------> CCA Query - Demand of your Signature

Super duper. Thanks Deepie, I'll do that.

[Deepie]

Re: Grassy_K vs Nasty Banks

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 (July 2014 payment missed due to lack of funds)

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.

Should I send a signed request as they demand?

• NO ........I'd send this if it were me ---------> CCA Query - Demand of your Signature

[Grassy_K]

Re: Grassy_K vs Nasty Banks

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 (July 2014 payment missed due to lack of funds)

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.

Should I send a signed request as they demand?

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Halifax Platinum Card

Date commenced: Approx. 2004

Approx Balance £9000

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: 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.

Letter filed, nothing more to do at present except wait.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Seems like Robbers Way haven't passed it back to Lloyds after all. I'd just wait and see what they send next...and who sends it

BTW should the date for the latest letter be 13/07 not 13/06?

They did pass it back Pixie, I have a letter from them confirming it. I think their info is still on the account somewhere, though.
Yep, I made a mistake with the date (thanks for spotting it... edited )

[Pixie]

Re: Grassy_K vs Nasty Banks

Lloyds Platinum Mastercard

Date commenced: Approx. 2004

Approx Balance £4900

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: Lloyds (was outsourced to Robbers Way to harrass me despite being on a DMP - after complaint made, Robbers Way returned a/c to Lloyds)

30/06 - CCA request sent to Lloyds
13/06 - Now this is just odd. I've received a single sheet (on Lloyds headed paper) statement for the last 10 months - no letter, nothing. The letter also has Robbers Way name and address instead of Lloyds where the sender's address goes. Perhaps there is more to come, as I hear Lloyds are quite handy with the scissors and glue?

Seems like Robbers Way haven't passed it back to Lloyds after all. I'd just wait and see what they send next...and who sends it

BTW should the date for the latest letter be 13/07 not 13/06?

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Lloyds Platinum Mastercard

Date commenced: Approx. 2004

Approx Balance £4900

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: Lloyds (was outsourced to Robbers Way to harrass me despite being on a DMP - after complaint made, Robbers Way returned a/c to Lloyds)

30/06 - CCA request sent to Lloyds
13/07 - Now this is just odd. I've received a single sheet (on Lloyds headed paper) statement for the last 10 months - no letter, nothing. The letter also has Robbers Way name and address instead of Lloyds where the sender's address goes. Perhaps there is more to come, as I hear Lloyds are quite handy with the scissors and glue?

[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.

Letter filed. Barclaycard "won" my previous CCA request with an enforceable agreement so will see what they come up with this time. I have a feeling that this was either (1) A goldfish card that converted to a Morgan Stanley that converted to a Barclaycard , or (2) A Woolwich Secured Mastercard that converted to an unsecured Barclaycard. I don't know which one it was because I had the two non-Egg converted Barclaycards, one was closed with a zero balance and this one I went t**ts up on.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Mass CCA of creditors done at the weekend, only a couple left to go now.

Egg/BarclayCard 2 - 10k - token payments at present - CCA reminder sent

Capital 1 - 6k - token payments - CCA sent

Co-Op - 3.5k - token payments - CCA sent

Barclaycard 3 with IDR/Link - 2.5k - token payments - CCA sent

Mint - 3.5k - token payments - CCA sent

Halifax - 9k - token payments - CCA sent


Lloyds Platinum - 5k - token payments - CCA sent


Time to finally get the house in order, see who's holding what documentation and stop all payments to those who cannot enforce, get the SB clock ticking. Although with my luck they will all probably be enforceable lol.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Sadly, the agreement tallies with page 001 and page 010 (base of agreement mentions terms 1.2 and 16 and both tally - ie are personal information) and as it's the signed agreement, it's kinda checkmate from this point.

You could blag it or come to some agreement.......

Thanks Niddy. Not having much luck so far, just my luck that two of my big debts have been found

No appetite to try and take on Marlin or MKDP with an enforceable agreement behind them, so token payments forever it is then, and hope that it stays in-house at Barclays...

I'll now concentrate on CCAing my other creditors. Barclays are also in default of my CCA on my other Egg card so I'll be following that up too, as never had a reply.

[Never-In-Doubt]

Re: Grassy_K vs Nasty Banks

I've just emailed it to Niddy, thanks MrsD.

Sadly, the agreement tallies with page 001 and page 010 (base of agreement mentions terms 1.2 and 16 and both tally - ie are personal information) and as it's the signed agreement, it's kinda checkmate from this point.

You could blag it or come to some agreement.......

[Grassy_K]

Re: Grassy_K vs Nasty Banks

send it off to Niddy, doesn't mean it's the right one or it's complete

I've just emailed it to Niddy, thanks MrsD.

[MrsD]

Re: Grassy_K vs Nasty Banks

send it off to Niddy, doesn't mean it's the right one or it's complete

[Grassy_K]

Re: Grassy_K vs Nasty Banks

• Barclaycard #1 (old Egg card)
  
  Date commenced: Approx. 2004
  
  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 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
  
  
  
  
  
  
  
  

Update above. Copy of application form received to go with the terms and conditions previously supplied! Blast! This is why I didn't want to proceed down the UE route for this one, and end up on MKDP (or similar litigious turds') books, before I had the cards on the table. Better a token payment forever than a CCJ in my position.

I will send over the new docs for Niddy to have a look at within the next few days (many thanks in advance...) but feeling a bit deflated after receiving this and also one of my other big debts (HSBC) being deemed enforceable. Still, I have 8 other creditors to CCA yet, so will keep on going and hope to lose a few still in the process.