Grassy_K's Unenforceability Diary

[Deepie]

Re: Grassy Knollington vs Nasty Banks

I should probably clarify that I am still on wussy token DMP payments with this and my other Egg at the moment, to reduce the chances of the debt being sold to Marlin or MKDP for now.

I need to know what hand of cards they hold before I go down the UE route with them and cease token payments, as these are large and potentially risky debts, especially with the nasty debt purchasers that Barclays favour.

The UE route will only work if they aren't getting paid...........

[Grassy_K]

Re: Grassy Knollington vs Nasty Banks

If it were me ....I'd not chase them best just sit tight....

I should probably clarify that I am still on wussy token DMP payments with this and my other Egg at the moment, to reduce the chances of the debt being sold to Marlin or MKDP for now.

I need to know what hand of cards they hold before I go down the UE route with them and cease token payments, as these are large and potentially risky debts, especially with the nasty debt purchasers that Barclays favour.

[Deepie]

Re: Grassy Knollington vs Nasty Banks

Update - no response from Barclaycard as yet, they did sign for the letter. Should I send another chaser?

If it were me ....I'd not chase them best just sit tight....

[Grassy_K]

Re: Grassy Knollington 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

Update - no response from Barclaycard as yet, they did sign for the letter. Should I send another chaser?

[Grassy_K]

Re: Grassy_K vs Nasty Banks

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 - 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.

Update on this - I've heard nothing further from 1st Credit, they must be having problems getting the Marbles agreement so I'm sitting tight, it will be UE in September 2019! Long way to go yet.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

It did have a couple of minor faults but it was way too easy to remedy and rightly so, you sometimes have to concede in order to win the bigger fight..... I'd have probably blogged it a bit first mind you, but no harm done if you're happy with the £10pm deal.

Yep, happy enough in the circumstances. I'd rather concentrate my time and energy fighting the confirmed UE stuff. Thanks for all your assistance with it Niddy.

[Never-In-Doubt]

Re: Grassy_K vs Nasty Banks

It did have a couple of minor faults but it was way too easy to remedy and rightly so, you sometimes have to concede in order to win the bigger fight..... I'd have probably blogged it a bit first mind you, but no harm done if you're happy with the £10pm deal.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

HFC Credit Card

Date commenced: Approx. 2003

Approx Balance £5900

Date last paid Aug 2013

Defaulted December 2013

Account owner HFC still (I think)

13/1 Letter from HFC - account has been referred to Restons Solicitors
20/1 Letter to HFC - complaint re failure to consider offers or freeze interest, request for copy of Credit Agreement enclosing £1
21/1 Extremely threatening letter received from Restons - pay up by January 30th or we will issue a County Court summons
21/1 Letter to Restons - outstanding CCA request and account in dispute with HFC
29/1 Letter from Restons - We are referring to our client and will revert back to you in due course
13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
13/2 - Letter from Restons - backing down from the court action - no longer instructed in this matter, please direct all future communications to HFC
25/2 - 13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
19/3 - Phone call from HFC - apologies for taking a long time to respond - offer of 3 months' interest and charges refunded (unfortunately only back to the account...) sorry it's taken so long to respond to the CCA request but it will be provided within the next 3-4 weeks (no hurry!).
28/3 Update: Signed for parcel from HFC received. Here is the information you requested. Consisting of 1) Statement of account 2) Photocopy of genuine application form with signatures of applicant & bank 3) Pages 1 & 2 of T&C's which should total 4 pages according to the footer. Will scan and send to the Master tonight, but I think I see a couple of issues with this from an enforceability standpoint. Here's hoping.
13/4 - Niddy confirms . Thanks Niddy!
13/4 - Niddy's had a rethink - (or at least, very easy to remedy the UE status if they wanted to)
13/4 - Monthly payment offer prepared
23/4 - Monthly payment offer of £10 accepted. Sometimes you just have to know when to fold 'em....

Latest update above. Hopefully that's it for this one.

[julian]

Re: Grassy_K vs Nasty Banks

Watch out, they may send bits and bobs. When you confirm it is incomplete, they confirm that they have sent you all you need. Load of Pinocchios.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

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 - 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.

[MattyA]

Re: Grassy_K vs Nasty Banks

I agree totally with all of the above ,Pip,Grassy & his Lordship.

I too am in a fight with Rectums / HFC , which has been ongoing since late 2010 and has been tied up in court for the last 2 years - with claim and counter claim , thanks to this site and Mr Andrew Watson.
They didn't mess about with me and had me in court PDQ.

It is currently stayed and for me it can stay there!

I know it is tough but hang in there and you will get there.

Good luck

Matty

[Never-In-Doubt]

Re: Grassy_K vs Nasty Banks

I agree mate, Rectums are awful - trust me I fought them (and won) but needed a damned good solicitor to do it for us.... Cue (the now closed) Watsons

[Grassy_K]

Re: Grassy_K vs Nasty Banks

Hello Grassy,
I would hold the horses on preparing a monthly payment offer ... Niddy deemed some of my accounts nearly 2½ years ago but so far I haven't seen any real threats of court or legal action (touch wood ...). Others more knowledgeable may correct me but for the majority of folk here following the UE route, blagging enforceable accounts for as long as possible (until genuine risk of court action) is the name of the game. (Keeping away from court is the other name of the game).
By all means stuff some money away for eventual full and final payments -- the good folk on here will know when a DCA is getting genuinely threatening, and in the appropriate circumstances may suggest offering a full and final payment to clear the debt. If and when that time comes, you'd be guided through it! In the meantime though, I can heartily recommend the blagging route ...

Apologies if I've jumped the gun here and there are specific reasons why you're preparing a monthly offer.

Hi Pip, I completely understand your point. I'll try and explain my position:-

I have very big debts across multiple creditors. My aims (in descending order of importance) in all of this are to:-

1 - Protect my name/employment prospects from CCJs, bankruptcy proceedings, stat demands etc.

2 - Protect my house & wages from charging orders etc.

3 - Protect my future from my past mistakes (i.e. would spend the rest of my life in misery and pennilessness if I paid them off using all my spare money as the creditors would like)

So - this means token £5 payments to most for the moment to keep them off my back, CCA's prioritised to those who show signs of threats/restiveness e.g. the recent Barclaycard mass default & demand notices.

Meanwhile I will continue to slowly CCA all of them and sort into enforceable and unenforceable. The UE ones will be stopped, in due course. Dealing with 1st Credit and Barclaycard along those very lines at the moment. Enforceables will continue to receive the lowest token payments I can get away with.

Regarding the HFC one above that you commented on, I have no stomach for another fight with Restons when they hold an enforceable agreement. I was within a whisker of court previously, and I have no desire to be there again. Sometimes you have to weigh up the risks and not expect to win every one. Does that make sense? lol

[Pip]

Re: Grassy_K vs Nasty Banks

13/4 - Niddy's had a rethink - (or at least, very easy to remedy the UE status if they wanted to)
13/4 - Monthly payment offer prepared

Hello Grassy,
I would hold the horses on preparing a monthly payment offer ... Niddy deemed some of my accounts nearly 2½ years ago but so far I haven't seen any real threats of court or legal action (touch wood ...). Others more knowledgeable may correct me but for the majority of folk here following the UE route, blagging enforceable accounts for as long as possible (until genuine risk of court action) is the name of the game. (Keeping away from court is the other name of the game).
By all means stuff some money away for eventual full and final payments -- the good folk on here will know when a DCA is getting genuinely threatening, and in the appropriate circumstances may suggest offering a full and final payment to clear the debt. If and when that time comes, you'd be guided through it! In the meantime though, I can heartily recommend the blagging route ...

Apologies if I've jumped the gun here and there are specific reasons why you're preparing a monthly offer.

[Grassy_K]

Re: Grassy_K vs Nasty Banks

HFC Credit Card

Date commenced: Approx. 2003

Approx Balance £5900

Date last paid Aug 2013

Defaulted December 2013

Account owner HFC still (I think)

13/1 Letter from HFC - account has been referred to Restons Solicitors
20/1 Letter to HFC - complaint re failure to consider offers or freeze interest, request for copy of Credit Agreement enclosing £1
21/1 Extremely threatening letter received from Restons - pay up by January 30th or we will issue a County Court summons
21/1 Letter to Restons - outstanding CCA request and account in dispute with HFC
29/1 Letter from Restons - We are referring to our client and will revert back to you in due course
13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
13/2 - Letter from Restons - backing down from the court action - no longer instructed in this matter, please direct all future communications to HFC
25/2 - 13/2 - STILL NO RESPONSE FROM HFC TO MY CCA REQUEST AND COMPLAINT
19/3 - Phone call from HFC - apologies for taking a long time to respond - offer of 3 months' interest and charges refunded (unfortunately only back to the account...) sorry it's taken so long to respond to the CCA request but it will be provided within the next 3-4 weeks (no hurry!).
28/3 Update: Signed for parcel from HFC received. Here is the information you requested. Consisting of 1) Statement of account 2) Photocopy of genuine application form with signatures of applicant & bank 3) Pages 1 & 2 of T&C's which should total 4 pages according to the footer. Will scan and send to the Master tonight, but I think I see a couple of issues with this from an enforceability standpoint. Here's hoping.
13/4 - Niddy confirms . Thanks Niddy!
13/4 - Niddy's had a rethink - (or at least, very easy to remedy the UE status if they wanted to)
13/4 - Monthly payment offer prepared