Which Way to Go?

[nightwatch]

Re: Which Way to Go?

moroncroft don't employ anyone to READ your letters, just send a one liner asking for someone to read and respond to your SWID letter sent xxxx

[nightwatch]

Re: Which Way to Go?

beat me to it SH

[Still Waving]

Re: Which Way to Go?

As this is an overdraft, there shouldn't have been any £1 sent anyway. The cretins at Moroncrap are just sending out a routine bog standard template which they use constantly, even though it is entirely inappropriate for this situation.

I would send the SWID letter back to them, ask them this time to read it and act on the contents, and point out that no request for information was being made as that had occurred previously.

SH

Actually, that's the nub of the current argument - it's not an overdraft per se, and the OC maintains it's a current a/c which it isn't.

Thanks for the replies guys, I will return the SWID and point out their error.

[vint1954]

Re: Which Way to Go?

I would also be asking them to ensure that they read your letters before responding inappropriately

[Still Waving]

Re: Which Way to Go?

Hi all - an update.

04/02/13 Sent Arden a version of the Application Form Received letter.
Resolvecall letter 06/02/13 - "Instructed by Arden... if you do not contact Arden this may lead to personal visit..."
08/02/13 Idem letter re mine of 04/02. - "Whilst we note your comments we have supplied the appropriate documentation in response to Sec. 77/78 CCA 74 request .... provided by MBNA ... represents the agreement between debtor & creditor. We have fully complied..... deem debt enforceable."
Today I sent Doorstep Threat response letter.

I think I will just file the 08/02 letter, and wait to see what comes next.

Any comments please?

12/02/13 sent standard Doorstep Threat letter to Resolvecall.

Today received this letter from Resolvecall:-

[nightwatch]

Re: Which Way to Go?

how about a letter back stating" you can state what you like, I have not given anyone permission to visit my doorstep, and if you could please send me a VALID CCA for the said account,showing where it states that any third party can make up its own rules I would be greatfull, in the mean time my doorstep is unavailable"

[ken100464]

Re: Which Way to Go?

Or send a link to that Baliff video.

That perhaps might open their eyes to trespass and the law.

[Still Waving]

Re: Which Way to Go?

Or send a link to that Baliff video.

That perhaps might open their eyes to trespass and the law.

Which video is that?

[diddlydee]

Re: Which Way to Go?

I think this is the video Ken is referring to...

http://forums.all-about-debt.co.uk/s...87&postcount=1

[Still Waving]

Re: Which Way to Go?

Hi all. An update -

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”
A few voicemail messages have been left by Freds.

25/01/13 sent letter to Freds enclosing a copy of my MPT letter to Cap1, and also included another telephone harassment response.
26/01/13 rec'd Freds letter dated 22/01/13 referring to Bryan Carter's letter, and also offering the op for a F&F.
30/01/13 letter to Freds enclosing copy of the SWID which was sent to BC.
01/02/13 Freds letter - Account on hold while your comm referred to Cap1.
06/02/13 Freds letter enclosing a copy of Cap1's earlier letter replying to my MPT letter, reiterating that they had complied with CCA request and account is enforceable. Freds giving to 26/02 for my payment proposals.
11/02/13 Cap1 letter - see attached.

We're going around in circles now. Next letter a 'Cred Refusal to Accept UE' to Freds ??

[ScabHunter]

Re: Which Way to Go?

We're going around in circles now. Next letter a 'Cred Refusal to Accept UE' to Freds ??

That is what I would be looking at, but when they threaten again and not right now.

That response from Crap One is the same ridiculous template which they send to everyone no matter what the circumstances. They know this paperwork is unenforceable just as much as we do.

SH

[Still Waving]

Re: Which Way to Go?

That is what I would be looking at, but when they threaten again and not right now.

That was my thinking too.

That response from Crap One is the same ridiculous template which they send to everyone no matter what the circumstances. They know this paperwork is unenforceable just as much as we do.

It seems to me that the tone of their letter is somewhat defensive, talking about defending proceedings rather than instigating them.

SH

thanks SH for the reply.

[Still Waving]

Re: Which Way to Go?

I wonder what sort of fee/commission DCA's get for getting someone to pay. This is a relatively small amount, yet Freds are sticking like muck to a blanket.

[Still Waving]

Re: Which Way to Go?

Hi all - an update.

Quote:

Credit card 2 MBNA. – Taken out early 90's
Balance approx. £8,500
Last full monthly repayment May 2010
DMP payments since then.
“Sold” to Idem Capital securities Ltd (Paragon Personal Finance Ltd) by lender beginning 2012
Last DMP payment May 2012.

02/08/12 CCA request sent.
No response until Idem letter 20/10/12 “ We need to speak with you . We do not have an ongoing payment arrangement in place upon your account. As a consequence of this your account will be reviewed for placement with an external DCA within the next 7 days. …... Please contact us ...” Ignored.
Idem letter 6/11/12 - “Your account will now be transferred to Arden CM …..”Ignored.
Arden letter 8/11/12 - “We have been instructed …....”Ignored
12/11/12 Idem statement of account Jan to Nov 2012 “In compliance with CCA 1974.”Ignored
22/11/12 Arden letter “Failure to come to an acceptable arrangement with us could result in us taking further action … the options available to us are: Sending a rep to your address; Passing your account to our solicitors to obtain Judgment and seek enforcement action in line with your circumstances. The above actions have the potential of increasing your current balance”
28/11/12 sent Sold while in Dispute letter, including a para re telephone harassment.
Arden letter dated 3/12/12 - “We are writing to confirm that the present situation of non-payment on the above account is not acceptable. Blah, blah, blah …... Should you choose to do nothing we may take further action ….... this may include instructing an agent to attend your property ….. We may also initiate legal action.”
12/12/12 sent brief acknowledgement referring to my SWID letter of 28/11/12.
06/12/12 Idem letter (rec'd 14/12/12) enclosing response to CCA request of 02/08/12. Niddy says EN.

17/12/12 -Arden FINAL DEMAND letter.
03/01/13 Sent letter to Arden referring to my letters of 27/11 and 12/12, neither of which has been acknowledged in their subsequent correspondence.
11/01/13 Arden letter - “ …. as we have not been able to make contact with you we believe it is necessary to appoint an external company “Resolvecall” to attend your property …. A fee for the visit may be charged to your account and may be subject to ongoing interest application. The maximum fee we are permitted to charge you will not exceed £100 but is likely to be less.
We hope at this stage …. but if we do not hear within 5 days of the date of this letter(sent 2nd class and received today)Resolvecall will schedule your account for a visit and a fee may be levied on completion.”
17/01/13 sent a letter to Arden referring them to my SWID letter, and incorporating Doorstep Visit threat response.
28/01/13 Received undated letter from Arden, a fairly soft template enclosing I&E form. Ignored.
24/01/13 Arden letter (rec'd 31/01) , thanks me for my latest letter, and points out that a copy agreement was sent to me on 06/12/12, and asking if I have received it. (it was on Idem headed paper, but I have not responded directly to that letter). See Niddy's view above.

04/02/13 Sent Arden a version of the Application Form Received letter.
Resolvecall letter 06/02/13 - "Instructed by Arden... if you do not contact Arden this may lead to personal visit..."
08/02/13 Idem letter (sent recorded delivery) re mine of 04/02. - "Whilst we note your comments we have supplied the appropriate documentation in response to Sec. 77/78 CCA 74 request .... provided by MBNA ... represents the agreement between debtor & creditor. We have fully complied..... deem debt enforceable."
12/02/13 I sent Doorstep Threat response letters to Arden/Resolvecall.

Letter ping-pong with Resolvecall, ending with "... we are currently no longer dealing ..."
15/02/13 An odd Arden letter - "Thank you for your recent offer of payment. (????) .... Please supply I&E details....."

Having waited to see what would be the next move following Idem letter of 08/02, I'm not sure how to respond to this ( apart from pointing out that I made no offer).

Any suggestions please?

[Still Waving]

Re: Which Way to Go?

Hi all - an update

Quote:

Credit card 1 MBNA. – Taken out early 90's
Balance approx. £12,000
Last full monthly repayment May 2010
DMP payments since then.
“Sold” to Idem Capital securities Ltd (Paragon Personal Finance Ltd) by lender beginning 2012
Last DMP payment May 2012.

02/08/12 CCA request sent.
01/09/12 Idem sent copy application. Niddy says EN.
However - 12/09/12 Missing Prescribed Terms letter sent.
23/10/12 Idem letter - “We need to speak with you – please contact us ...” No other comments.
Ignored.
30/10/12. Idem letter “account will now be transferred to Arden Credit Management …...” Ignored.
01/11/12. Arden letter “ ...We have assumed responsibility for working with you to repay this amount ….”Ignored
12/11/12. Idem statement of account since 27/01/12 “in compliance with CCA 1974.” Ignored.
15/11/12. Arden letter “Failure to come to an acceptable arrangement with us could result in us taking further action … the options available to us are: Sending a rep to your address; Passing your account to our solicitors to obtain Judgment and seek enforcement action in line with your circumstances. The above actions have the potential of increasing your current balance” (due to charges).
18+ missed calls and voicemail messages from Arden since 15/11/12, including one from a withheld number. Told them if they wish to communicate they must do it in writing, yet the calls continued.

23/11/12 sent SWID letter, incorporating “no more phone calls”, to Arden.
26/11/12 Arden letter - “Present situation of non-payment not acceptable …. should you choose to do nothing we may have to take further action ….”
10/12/12 Referred Arden to my letter dated 23/11/12.
21/01/13 Arden letter (Rec'd 26/01) - “very concerned you have not taken steps to address outstanding balance … failure … could result in further action: options available to us are – sending representative to call on you; passing your account to our solicitors to obtain judgment and seek enforcement action ( could include charging orders and attachment of earnings) … CCJs affect your credit rating … extremely urgent, you should not ignore.” Identical to their 15/11/12 letter.
28/01/13 received undated Arden letter enclosing I&E form. “... Please complete ….”
01/02/13 Arden letter (rec'd 07/02) – identical to their letter of 26/11/12.

I'm undecided whether to send them another SWID (if they can send the same letter twice, so can I)
Any comments welcomed.

Ignoring or sending another SWID are both legitimate approaches, as they are obviously just sending out duplicate templates.
SH

I decided to ignore for the time being.
11/02/13 - FINAL DEMAND letter from Arden. - "If you continue to ignore requests for payment proposals ..... this may mean a visit to your home ... or account being passed to solicitors to initiate legal proceedings ...."

I think that now I should send another SWID letter.