Prescribed terms

[Never-In-Doubt]

Re: Prescribed terms

Thanks all, I shall wait now to see what their next move is.

Will update as and when.

cheers

[Batfink]

Re: Prescribed terms

Just got our monthly statement from Co-operative which shows two entries dated 20th July, both for trace fees of £90 each!!!! What on earth are trace fees? They know we're at the same address as we put out address on the prescribed terms letter we sent them in June. Also, why two charges for the same thing?

I also have a CCA for another debt, does anyone know if I can just email it to Niddy for his opinion without doing a thread/diary for it?

Many thanks

[Never-In-Doubt]

Re: Prescribed terms

does anyone know if I can just email it to Niddy for his opinion without doing a thread/diary for it?

I need a diary to check paperwork, otherwise I have nothing to tally the email to - please follow FP's guidance above - thanks

[Batfink]

Re: Prescribed terms

UPDATE - we recently received another letter from the Co-operative saying that they have passed the debt on to Robinson Way and we must speak to them from now on. They made it very clear that they weren't going to enter into any more conversation with us.

Got a letter from Robinson Way today basically saying pay up. Shall I send them a doorstep and phone letter (just to stop them before they start the harrassment) and also a letter saying that we were awaiting a valid CCA? I thought I could enclose my last prescribed terms letter I sent to Co-operative. Don't really want to ignore as I don't want them coming to my door.

Thanks

[ScabHunter]

Re: Prescribed terms

UPDATE - we recently received another letter from the Co-operative saying that they have passed the debt on to Robinson Way and we must speak to them from now on. They made it very clear that they weren't going to enter into any more conversation with us.

Got a letter from Robinson Way today basically saying pay up. Shall I send them a doorstep and phone letter (just to stop them before they start the harrassment) and also a letter saying that we were awaiting a valid CCA? I thought I could enclose my last prescribed terms letter I sent to Co-operative. Don't really want to ignore as I don't want them coming to my door.

Thanks

I'd just start off by sending them this -

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

You could include doorstep and telephone harassment templates at the same time, although they would need a bit of rewriting.

SH

[Batfink]

Re: Prescribed terms

I don't think Co-operative have actually sold the debt as the letter from Robinson Way talks about "their client", I just think they don't want to talk to us themselves any more. Fine by us!

[Batfink]

Re: Prescribed terms

Thank you, will send letters off tomorrow

[cardiac arrest]

Re: Prescribed terms

Good work Batfink..It's an eye opener isn't it how devious and untrustworthy some of these organisations can be. Having the template replies to call on is such a brilliant tool to have...

[Batfink]

Re: Prescribed terms

UPDATE!

I wonder if anyone might be able to offer advice as to what exactly to put in a letter to Moorcroft, who have now taken over chasing on behalf of Co-operative?

We received all the usual "possible litigation" letters from Moorcroft so we sent off a dispute letter to them along with telephone and visit letters - this was back in March. Their response was to thank us for asking for a CCA and would we please send them £1? This show that they definitely got our letters (albeit they didn't read them properly.)

We ignored them (rightly or wrongly.)

Anyway today there is a knock on the door and a man asked for my hubby (debt is in his sole name.) I said he was at work and asked him what it was regarding. He said he couldn't say but started filling in a card and said it was all on there. I told him I dealt with everything anyway to which he immediately started telling me he was calling about the Co-operative debt and would I like to start up some sort of payment arrangement with him? I told him we were still awaiting a valid CCA and that Co-operative had already passed it to another company before them but the other company had sent it back to Co-operative.

He was very polite but kept pushing for a payment arrangement "until the CCA thing was sorted out." He said "but you acknowledge there's a debt though, don't you?" to which I repeated about wanting a valid CCA. I asked him if he wanted me to put it all in writing again to him specifically as we had already told Moorcroft that the CCA wasn't valid but he said no. He said he'd "send it back."

Now, he shouldn't really have discussed any of this with me and he also shouldn't have visited as we had expressly said not to.

What do you think our next steps are please?

Thank you for reading.

[Never-In-Doubt]

Re: Prescribed terms

I think a formal complaint for discussing an account with someone not authorised would be a good start - and remind them that in itself is enough for immediate sanction from the OFT which could include removal of CCL.

Obviously you'd not go into as much detail about saying you deal with everything, miss that out so it reads more like "he asked for hubby who I said was at work and then he started openly discussing this account with me..."

[Batfink]

Re: Prescribed terms

Thank you, Niddy. I shall rustle something up today and get it sent off tomorrow Recorded Delivery.

Will update with any response.

Thank you again, I really appreciate being able to come on here to get excellent advice.

[Batfink]

Re: Prescribed terms

Can I ask whether this is ok to go please?

I refer to my letter of 11 March 2013 stating that I do not give permission for one of your representatives to visit my home. Despite receiving this letter you did, in fact, send a representative round to my home.

Furthermore, your representative then discussed the account with my wife even though the account is not in her name. I therefore wish to make a formal complaint first for the unauthorised visit and second for discussing an account with someone not authorised, which is in itself enough for immediate sanction from the OFT which could include removal of CCL.

I have previously informed you that this account is formally in dispute with Co-operative and has been since they failed to provide a Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974). I have also previously sent you a copy of the dispute letter sent to Co-operative from me, outlining the fact that the CCA they issued did not contain all the necessary prescribed terms.

I would like this matter looked into and look forward to receiving confirmation in writing that I will not receive visits from any further doorstep callers regarding this matter.

Yours faithfully

[Never-In-Doubt]

Re: Prescribed terms

Nicely done. Good to go

[Batfink]

Re: Prescribed terms

It all your work, Niddy. Tweaky tweak tweak of your letters and posts.

Thank you so much for your help, I shall keep you updated. *fingers crossed*

[Batfink]

Re: Prescribed terms

Received a reply from Moorcroft today. First it says that they feel they should close their file and pass it back to Co-operative. Then they go on to say that they won't let any more doorstep callers visit but they may have to revert back to this if we don't enter into negotiations with them (I thought they were closing the file???) but then ends by saying that we are to contact Co-operative direct regarding this matter as they have now closed their file.

"Arse from elbow" springs to mind here!

Anyway, they want to know exactly what was divulged to me about my hubby's account and they say they take the matter very seriously. yadda yadda yadda.

Don't think I'll reply, will just wait and see what happens next. Do you think this may get sent to a third DCA now?