Which Way to Go?

[ScabHunter]

Re: Which Way to Go?

I think I should now send a Sold w i Dispute letter to Moorcroft.

I agree.

I also now need to send a letter to Apex complaining about the misappropriation of my £1, and get them to acknowledge and confirm that they have reversed the payment to the account. (Or else).

I agree again. Crapbot pulled this stunt on me in 2008. Following a formal complaint, they had to back down. Be careful how you word the letter, because it is easy to acknowledge the alleged debt while complaining about an action which acknowledges the alleged debt, if you know what I mean.

You obviously know your stuff well enough to cope with this, but if you need someone to look over the letter before you send it, just give us a shout.

SH

[Still Waving]

Re: Which Way to Go?

I agree again. Crapbot pulled this stunt on me in 2008. Following a formal complaint, they had to back down. Be careful how you word the letter, because it is easy to acknowledge the alleged debt while complaining about an action which acknowledges the alleged debt, if you know what I mean.

You obviously know your stuff well enough to cope with this, but if you need someone to look over the letter before you send it, just give us a shout.

SH

Thanks SH. I recently drafted such a letter to send to Apex, but decided to wait until I heard something further from them. It seems likely that I won't hear from them now. I'll review the draft, and may post it up before sending.

[Still Waving]

Re: Which Way to Go?

One point I would like to ask about -

As - a while after I had stopped paying - LTSB referred the matter straight to Apex without chasing me and prior to any CCA request, I subsequently sent the CCA request to Apex. Apex have said in their letter they would return the £1 to me, though I don't particularly want it back. I'm not sure whether Apex passed the CCA request letter to LTSB.

Should I ask Apex to pass the £1 and the original request to LTSB, or accept the return of the £1?

When I send the Sold in Dispute letter to Moorcroft, and they refer to LTSB, The OC
may say they have no record of my CCA request letter (and their current stance is cca 74 doesn't apply).

[Never-In-Doubt]

Re: Which Way to Go?

One point I would like to ask about -

As - a while after I had stopped paying - LTSB referred the matter straight to Apex without chasing me and prior to any CCA request, I subsequently sent the CCA request to Apex. Apex have said in their letter they would return the £1 to me, though I don't particularly want it back. I'm not sure whether Apex passed the CCA request letter to LTSB.

Should I ask Apex to pass the £1 and the original request to LTSB, or accept the return of the £1?

When I send the Sold in Dispute letter to Moorcroft, and they refer to LTSB, The OC
may say they have no record of my CCA request letter (and their current stance is cca 74 doesn't apply).

If you've sent a CCA Request, some firms don't take payment - fine.

All you need to do is await a response to that request and update as necessary then. I wouldn't contact Apex now till they respond with the CCA.

[Still Waving]

Re: Which Way to Go?

If you've sent a CCA Request, some firms don't take payment - fine.

All you need to do is await a response to that request and update as necessary then. I wouldn't contact Apex now till they respond with the CCA.

There has been back and forth correspondence between Apex and me since I sent the CCA, and they were awaiting info from the OC (LTSB). However it now looks as if Apex are out of the picture, as LTSB have now passed the matter to Moorcroft. I do not want to leave the Statutory Fee posted to the account, which is what Apex have done, hence the proposed letter to Apex.

I hope this makes sense.

[Never-In-Doubt]

Re: Which Way to Go?

There has been back and forth correspondence between Apex and me since I sent the CCA, and they were awaiting info from the OC (LTSB). However it now looks as if Apex are out of the picture, as LTSB have now passed the matter to Moorcroft. I do not want to leave the Statutory Fee posted to the account, which is what Apex have done, hence the proposed letter to Apex.

I hope this makes sense.

Apex cannot post the £1 statutory fee to the account. Is this what they have done? The request itself tells them they cannot do this.

[Still Waving]

Re: Which Way to Go?

Apex cannot post the £1 statutory fee to the account. Is this what they have done? The request itself tells them they cannot do this.

Yes, and I have reiterated that in subsequent correspondence. Briefly, the OC is saying the a/c does not fall within CCA 74, and I am insisting that it does. What Apex said was that if the original documentation they were requesting from the OC showed that the a/c was indeeed outside of CCA 74, then the £1 could either remain on the a/c or be refunded to me.

I am assuming that the OC has been unable to provide that documentation to Apex, but certainly now the case has been passed to Moorcroft in any case. What I am proposing is a letter to Apex requiring them to acknowledge that they have incorrectly used my payment (they already have really in a way in previous correspondence) and to confirm that they have reversed the transaction.

[Never-In-Doubt]

Re: Which Way to Go?

Yes, and I have reiterated that in subsequent correspondence. Briefly, the OC is saying the a/c does not fall within CCA 74, and I am insisting that it does. What Apex said was that if the original documentation they were requesting from the OC showed that the a/c was indeeed outside of CCA 74, then the £1 could either remain on the a/c or be refunded to me.

I am assuming that the OC has been unable to provide that documentation to Apex, but certainly now the case has been passed to Moorcroft in any case. What I am proposing is a letter to Apex requiring them to acknowledge that they have incorrectly used my payment (they already have really in a way in previous correspondence) and to confirm that they have reversed the transaction.

Ok fair do's - good luck, let us know if no joy and we can look to do you a letter that will get it resolved. Remember you are not asking them - you're telling them that they have acted unlawfully and they have no right to allocate YOUR funds to methods other than those dictated in your covering letter.

Like me sending a cheque to the bank for car insurance but they use it on my overdraft thus leaving me uninsured - it just can't happen, they'd get f*cked by all the regulatory bodies.

[Still Waving]

Re: Which Way to Go?

it just can't happen, they'd get f*cked by all the regulatory bodies.

I like the sound of that - for them, that is.

[Still Waving]

Re: Which Way to Go?

OK, here's what I'm proposing to send to Apex regarding my CCA fee.

"I refer to your letter dated xx/xx/xx, specifically the matter of the allocation of the payment of £1.00 which I sent to you on xx/xx/xx together with my request for information under the Consumer Credit Act 1974 .

Your were advised - and I reiterated in my letter dated xx/xx/xx - that this was a Statutory Fee and not to be used for any other purpose. It was not under any circumstances to be paid to this alleged and disputed account. Therefore I now require you to acknowledge your misappropriation of my payment, and to confirm that you have corrected this error by reversing the transaction on the account that you posted it to.

If I do not receive a satisfactory response from you to this demand then I shall have no alternative but to make a formal complaint to the appropriate regulatory bodies concerning your conduct regarding my payment."


Any comments appreciated folks.

[ScabHunter]

Re: Which Way to Go?

Any comments appreciated folks.

The only thing I would add is “of the Statutory Fee” right at the end. We know what “my payment” refers to, but this is DCAs we are dealing with. Everything needs to be spelt out clearly for them to be able to understand it.

It certainly should be good enough to get the job done. Even Crapbot Farcical backed down when faced with this type of complaint, and they never back down from anything.

SH

[Still Waving]

Re: Which Way to Go?

Thanks SH, I will add that in.

[Still Waving]

Re: Which Way to Go?

An update -

Originally Posted by NotDrowningButWaving

Credit card 6 Capital 1. – Taken out 2002
Balance approx. £440
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender


02/08/12CCA request sent.
17/08/12Cap1 sent Recon agreement. Niddy said - the terms are a recon but not relevant to the product I signed up for.
07/09/12Sent Missing Prescribed Terms letter.
Two letters received from Cap1 on 01/10/12:-
First letter dated 25/09/12 – a long repetitive and waffling response to the MPT letter claiming they have fulfilled their CCA obligations. I would like to send this one to Niddy for an opinion as to how to respond.
Second letter dated 27/09/12 – “Account has been referred to Fredrickson International.” Ishall do nothing on this one until I hear from Fredrickson in writing. So far they have attempted to contact me by phone twice in the past two days.
Letter dated 02/10/12received from Fredrickson - "Cap1 have passed this account to us for collection ......As we have been appointed as their agent you should now make sure you contact us and not Cap1. ..... Our client now requires payment in full to avoid further action. ....You must phone us immediately ....."
08/10/12Account Sold whilst in Dispute (including para re phone harassment) letter sent.

Fredrickson letter 11/10/12- “We would be grateful if you will note that we are no longer instructed to act in connection with this matter.We have passed your letter to our clients and would be grateful if you will address all further correspondence with them direct.”
Since 22/11/12 there were several calls from Freds, some voicemail and some missed. None were responded to.
04/12/12 Freds letter “LETTER BEFORE ACTION … legal action is now being considered. Should it be necessary to issue proceedings in the County Court further additional fees will be added to the balance outstanding (fees and new balance set out)"
08/12/12Threat-O-Gram LBA letter sent.
17/12/12 Freds letter - “We have referred this matter to our client ….”
19/12/12Freds letter - “We have provided details of your dispute to our client, and have now recived a response from them which indicates that the debt details are correct... Please phone us ...”
03.01.13 letter to Freds .
“Thank you for your letter dated 19 December 2012, in which you have asked me to telephone you. Please be aware that I will only communicate with you in writing.
You state that your client has indicated that the alleged debt details are correct. However I informed them by letter dated 7 September 2012 that they had failed to comply with my request under the Consumer Credit Act 1974 to supply a true copy of the executed credit agreement.
Your clients have stated in a letter to me dated 25 September 2012 that they do not retain the originals of signed agreements which are returned to them. They further state that they will not enter into any further correspondence regarding the provision of copy agreements.
We appear therefore to be at an impasse over this disputed matter. Furthermore, I note from your letter to me dated 11 October 2012 that you were no longer instructed to act in connection with this matter. I am not clear therefore why you have begun writing to me again. “
Subsequent letter dated and postmarked 31/12/12 from Bryan Carter Solicitors.
“ Our Client: Capital One: Balance: £445.00
We write with regard to this outstanding debt.
Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.
Should proceedings be issued, additional charges will be added to the existing balance as shown below.
If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.
Before the account is referred to us to litigate you still have an opportunity to contact FredricksonInternational Ltd with your payment proposals. In order to avoid further action you should telephone them immediately.
This is a serious matter and you may wish to seek independent legal advice.”
09/01/13 Sold w i Dispute letter to Bryan Carter.
10/01/13 received letter dated 07/01/13 from Freds. (Precis)- “Re your letter 03/01/13 – We were no longer instructed, now we are …. client advises CCA 74 request complied with in their letter of 17/08/12 … trust this clarifies .. . look forward to payment proposals by 28/01/13 … collection activity may resume”

I will wait to see if Bryan Carter respond prior to 28/01/13.

Update.

Nothing further heard so far from Bryan Carter following my Sold in Dispute letter. However I think I now need to prepare a response to Freds' letter of 7 Jan (see above).

I've been reading Nanna58's diary as there are certain parallels in recent weeks' activities. I'm thinking that perhaps I should send Freds a similar letter to the one suggested by SH here ->> allaboutFORUMS - View Single Post - nanna58 UE Diary

Any comments appreciated.

Incidentally, Freds have left a couple of voicemail messages just recently (about this a/c) asking me to ring them. (No way!) Each time within about a minute they have left another message for someone with a completely different name and a different ref number. Could this be some 'cunning plan' of theirs to get me to call, or are their records just cocked up?

Although they had a Telephone Harassment response back in October, that was before they were "re-instructed", so I think I should incorporate a further TH response in whatever letter I send them this time.

[Still Waving]

Re: Which Way to Go?

Update to preceding post:

Saturday morning posted a letter as outlined above to Freds. Shortly after I returned from the post office the mail arrived, including another letter from Freds (who had given until 28th to respond to their previous one), this one dated 22nd.

"Despite a recent letter from Bryan Carter you have failed to discharge your debt ..... We are prepared to offer one final opp to pay before recommending our client instruct solicitors to issue a claim ..... At this late stage, and as a gesture of goodwill, we are prepared to accept a F&F provided you contact within 48 hrs of receipt of this letter. (Blah blah re credit file.)"

As there is a letter winging their way, I shall just file this, I think.

Bloody cheek to chase before their deadline though.

I've just noticed as I typed this that there are 2 typed references at the very bottom right of their letter. One of them is "/(6-digit number) VO2.00" and the other is "/LBA_T2FFS.COL". If they are considering this a letter before action, maybe I should send them something else after all?

Any comments please?

[MrsD]

Re: Which Way to Go?

it's just templates

they just keep churning them out

if you need to send anything, make it a one liner referring them to your previous letter

they are muppets