Grassy_K's Unenforceability Diary

[Deepie]

Re: Grassy Knollington vs Nasty Banks

They have around 3 further weeks to respond under FCA complaint handling guidelines - seems like they are maybe having difficulty in locating the original agreement, or in producing a reconstruction.

Part of me wants to just let sleeping dogs lie, but I am tempted to take them to the Ombudsman for failing to respond to my request/complaint. After all they did set Restons on me, and if they can't produce the agreement, I'd quite like them to actually admit it and then I can file this one away for the moment. Any advice here? Thanks.

Don't poke them....... let the dog sleep....

Better late than never, got the CCA's off in the post today. I have a feeling these will go to one of the more "ruthless" collection agencies when they mass assign next month (probably), and therefore need to be fully armed given the size of the debts

Good luck......

[Grassy_K]

Re: Grassy Knollington vs Nasty Banks

Barclaycards x 2 (both old Egg cards, World MasterCard and Standard Card)

Date commenced: Approx. 2004 & 2005

Approx Balance £9,000 and £10,000

Date last paid : Token £5 payments on DMP every month to each

Defaulted - never apparently

Account owner: Not sure. I thought this was with a DCA... maybe Link.

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)

Better late than never, got the CCA's off in the post today. I have a feeling these will go to one of the more "ruthless" collection agencies when they mass assign next month (probably), and therefore need to be fully armed given the size of the debts

[Grassy_K]

Re: Grassy Knollington 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

They have around 3 further weeks to respond under FCA complaint handling guidelines - seems like they are maybe having difficulty in locating the original agreement, or in producing a reconstruction.

Part of me wants to just let sleeping dogs lie, but I am tempted to take them to the Ombudsman for failing to respond to my request/complaint. After all they did set Restons on me, and if they can't produce the agreement, I'd quite like them to actually admit it and then I can file this one away for the moment. Any advice here? Thanks.

[Grassy_K]

Re: Grassy Knollington vs Nasty Banks

no shit Sherlock! of course you can get through, you just need to play the game, carefully

haha thanks MrsD! I have an absolute mountain to climb yet, 6 years before SB on any of my huge debts, but you know what, I've decided to CCA each and every one of the buggers and go down the UE route. This site is amazing.

[MrsD]

Re: Grassy Knollington vs Nasty Banks

no shit Sherlock! of course you can get through, you just need to play the game, carefully

[Grassy_K]

Re: Grassy Knollington 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


Well well! I wouldn't have believed it! What's the betting that they have a compliant agreement??! This stuff actually works! I know Restons would have gone for the jugular if they could have - CCJ and charging order, as they are legendary. Very happy tonight!

[ken100464]

Re: Grassy Knollington vs Nasty Banks

Barclaycard will not have much in the way of anything as your accounts were sold in 2011. So a SAR to them will be not much use I agree.

Rump Egg are being somewhat artistic in the paper and scissors department. I know I have one. If they comply and it is a good recon then you have to start thinking other idea's. My initial thought seeing your start dates was that one account was before electronic coms act. But your not sure. SAR would reveal that.

I would get your s78 done asap as advised by Niddy. But I would be prepared to SAR egg as I feel the mess of paperwork there could be helpful further down the road. These are pretty big accounts and SB is a while away if you still paying now.

My gut feeling here is BC are preparing to assign. There has been a number of cross forum threads about CRA corrections, defaults, terminations and long dormant/small DMP accounts having activity the last couple of weeks. BC are up to something and it never involves us little guys having good things done to us.

[Grassy_K]

Re: Grassy Knollington vs Nasty Banks

However I would be tempted to SAR rump egg aswell. With a view of being pre armed so to speak if a DCA buys.

Thanks Ken, I don't quite understand the meaning of this bit. I thought I would be relying on the unenforceability of the "agreement" to prevent court action. What is the use of doing a subject access request and if I did do that, would I not be doing that to Barclaycard not Egg themselves?

Quite keen to get rolling on this due to the previous mass assignment to Marlin by B/C that I've been reading about on this forum. I guess I should put this into dispute if possible before they potentially assign?

Sorry for the questions.

[ken100464]

Re: Grassy Knollington vs Nasty Banks

With regards to your Egg Cards. Well worth finding out when exactly you took them out as there is a very important date between them.

The old Egg cards of people who were paying something (as you appear to be) were kept by BC and just farmed out to various DCA's to collect. So no chance of SB here yet awhile. One would have to think as market conditions improve banks will be wanting to offload underperforming assets. A default and termination followed by an assignment to a DCA would be my bet on this because as Mrs D said a good number appeared on the forums last week.

Rump Egg banks paperwork is a shambles.

Obviously Niddys advice is the way forward.

However I would be tempted to SAR rump egg aswell. With a view of being pre armed so to speak if a DCA buys.

[Grassy_K]

Re: Grassy Knollington vs Nasty Banks

Hi GK
You got a hell of a team behind you with AAD
Greymatter

I think I'm going to need it with the litigious HFC hounds snapping at my heels...

[greymatter]

Re: Grassy Knollington vs Nasty Banks

Hi GK
You got a hell of a team behind you with AAD
Greymatter

[Grassy_K]

Re: Grassy Knollington vs Nasty Banks

have you sent a CCA request? If not do so. Don't worry. They won't jump in with a claim at this stage.

CCA requests will be sent off tomorrow

[MrsD]

Re: Grassy Knollington vs Nasty Banks

loads of these letters floating around to-day, some bugger has pressed a wee button at Barclaycard HQ, don't worry.

[Never-In-Doubt]

Re: Grassy Knollington vs Nasty Banks

And now I have another fight on my hands that I didn't even ask for.

Barclaycards x 2 (both old Egg cards, World MasterCard and Standard Card)

Date commenced: Approx. 2004 & 2005

Approx Balance £9,000 and £10,000

Date last paid : Token £5 payments on DMP every month to each

Defaulted - never apparently

Account owner: Not sure. I thought this was with a DCA... maybe Link.


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.

Sounds ominous, they've been quiet for ages and I thought I was in a payment arrangement already with them. Is the above a prelude to litigation?

have you sent a CCA request? If not do so. Don't worry. They won't jump in with a claim at this stage.

[Harry61]

Re: Grassy Knollington vs Nasty Banks

Hi there G K

Just read through this and whilst I can't offer advice on it....I'm sure you will get all the help you need here, there are are some seriously helpful people herefor my part I can offer a bit of moral support