Which Way to Go?

[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?

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.

[nightwatch]

Re: Which Way to Go?

beat me to it SH

[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

[ScabHunter]

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

[Still Waving]

Re: Which Way to Go?

Hi - an update.

Originally Posted by NotDrowningButWaving


Bank account LLoydsTSB – originally TSB a/c opened 80's
Balance approx. £2140
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by SCM Solicitors for bank.

This is not really an overdraft account, it was a TSB (revolving credit) account allowing up to 30 times the monthly transfer from the current account. I have not so far sent a CCA request in respect of this account.

Letters dated 12/9/12From LloydsTSB and Apex Credit Management in the same envelope. Apex have been instructed to arrange collection of the outstanding amount. I note that the letters are referring to this as a current account, which it is most definitely not.
18/9/12- voicemail message from Apex - "Contact us."
26/09/12 sent CCA Request to Apex, pointing out that this is not a current account, and also incorporating a request to stop the harassing phone calls (which I had not been picking up).
01/10/12 received Apex letter dated 27/09/12 (Re CCA request) “In relation to the aforementioned account, we can confirm that we are unable to obtain copies of the required documentation from the original creditor in order to comply with your request due to the fact that your account is a current account and no copies of agreements are available on these types of accounts and therefore your request does not fall under sections 77-79 of the CCA Act of 1974.”

(NOTE: Most of interim history comment omitted on this occasion)

04/10/12. Letter sent to Apex, reiterating that this is not a current account and repeating that it falls under CCA 1974 so I require the info.
Received a letter from LTSB dated 04/10/12. "Thank you for contacting us about a Personal Loan. (I didn't)Unfortunately we are unable to trace an account held by you here at the Loan Centre.”
Apex letter 09/10/12. “With reference to your recent dispute, we can confirm your account is currently under referal (sic), with our request for a Copy of Agreement, Statement of Accounts and Terms and Conditions due to be supplied by Lloyds Banking Group.”
22/10/12 Apex letter (Precis of longish letter) - “OC states that this was originally a current account, and as the debt relates to a current account CCA 1974 does not apply.
For your convenience, the £1 payment has been used to reduce your outstanding indebtedness. If you disagree we will arrange for the £1 to be returned to you.”
07/11/12 letter to Apex. - “I can prove this is not my current account ….. Use of my £1 is clearly against the express purpose for which it was sent....Require you to recover the sum from where you have posted it, and to apply it to my Consumer Credit Act 1974 request.”
12/11/12 Apex letter – (Precis) “We're just piggy in the middle, reliant on LTSB info supplied. We have requested account documentation …. until any uncertainty regarding the debt is removed all collection activity will be suspended.
Until docs received, propose to leave the £1 on your account … if docs show that account doesn't fall under CCA 74, your £1 can either remain on the account or be returned to you.
15/01/13 Letter on LTSB letterhead (but posted in Stockport) - “ As we haven't been able to agree a repayment plan we've transferred the account to Moorcroft DCA..... Please contact Moorcroft.....”
19/01/13 Moorcroft letter – Same content as the 28/12/12 letter to spent2much here ->> allaboutFORUMS - View Single Post - spent2much UE diary

24/01/13 Sent letter to Apex demanding they acknowledge misappropriation of my £1 and confirm that the transaction has been reversed.
30/01/13 SWID sent to Moorcroft.

02/02/13 rec'd Moorcroft 30/01/13 letter - "POSSIBLE FURTHER ACTION". As this crossed with my letter I am simply filing it.

31/01/13 Apex letter - "Investigating your concerns ... will write to you again .....enc copy of our internal Complaint Procedure ...."

01/02/13 Moorcroft letter - " thank you ... letter requesting copy of the credit agreement. (No!) However under CCA74 you must pay £1 fee ... if you submit payment we will gladly process your request." They have returned with it my SWID letter of 30/01/13.


I'm not sure how to respond to this one. I'm still waiting on Apex to correct their misappropriation of my original fee. Should I perhaps return the SWID letter to Moorcroft, telling them to read it properly, and pointing out that the fee was submitted with my original CCA 74 request? That would help to pass the time a little.

[MrsD]

Re: Which Way to Go?

mmm I would probably wait as well

[Still Waving]

Re: Which Way to Go?

Hi all - an update.

Originally Posted by NotDrowningButWaving
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."
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?

[Still Waving]

Re: Which Way to Go?

What a fool – I realise now that I mixed up correspondence for two accounts in my update at post #219.


Nothing drastic, but I have edited that post to delete mention of a letter dated 06/02/13 from Resolvecall re a possible doorstep visit, and the subsequent comment related to that.


I think I will ignore the Arden letter dated 01/02/13 for the moment, and I expect that the next thing WILL be a Resolvecall letter.

[ScabHunter]

Re: Which Way to Go?

I definitely wouldn't send an Application Form Received letter. If what you've been sent is enforceable I can't see what that could achieve. Ignoring or sending another SWID are both legitimate approaches, as they are obviously just sending out duplicate templates.

I would just ignore it, and see if these idiots actually turn up. If they do, it will be more ammunition for formal complaints further down the road, as you've already told them to communicate in writing.

SH

[Still Waving]

Re: Which Way to Go?

Hi - an update

Quote:
Originally Posted by NotDrowningButWaving
Originally Posted by NotDrowningButWaving
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) or to send them an Application Form Received letter. On balance I'm leaning towards another SWID.

Any comments welcomed.

[MrsD]

Re: Which Way to Go?

agree DNW send the application form received template.

[Still Waving]

Re: Which Way to Go?

Another update:-

Quote:
Originally Posted by NotDrowningButWaving
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.

Received a couple of letters from Arden in the past several days, the first one a fairly soft template enclosing I&E form. The second dated 24/01/13, 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.

I think I must now send a version of the Application Form Received letter, to Arden.

Any comments gratefully received.

[Still Waving]

Re: Which Way to Go?

Hi all, an update.

Originally Posted by NotDrowningButWaving
Credit card 4 Mint/RBS. – Taken out during 90's (I think)
Balance approx. £8,750
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender


02/08/12 CCA 1974 request sent to RBS
15/08/12 Reply received from Mint re CCA request. They have returned my postal order, and the gist of their letter is"I am unable to deal with your request due to, (ticked as appropriate)
s78 request received, however this has been returned to you as we require your signature before we can proceed. Please sign your request for information and return ....."
29/08/12 sent CCA Request - Demand of Signature by Creditor letter to Mint/RBS.
05/09/12 RBS letter- "THIS IS A FINAL DEMAND FOR PAYMENT - We currently require (the full amount) from you. If we do not receive a payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage ........ discuss a repayment programme"
15/09/12 sent RBS a brief letter reminding that CCA 1974 request is outstanding.
29/10/12 RBS letter - “Details have been passed to Moorcroft to act as collection agent.” - Ignored.
24/11/12 Moorcroft letter - “IMPORTANT INFORMATION – POSSIBLE FURTHER ACTION. …. please send your payment proposal ….. if not … recommend possible further debt recovery action. Contact us now …. in certain circumstances we may be able to offer a substantial discount ...” - Ignored.
11/12/12 Moorcroft letter - “Monthly Instalment Offer …... An illustration of the kind of figure ...£120 per month … clear balance in 73 months … failure to respond ... recommend taking further debt recovery action ...Do not ignore this letter.”
18/12/12 Sent Account Sold w i Dispute letter to Moorcroft
27/12/12 letter from Midas Credit Services - “WARNING OF POSSIBLE FURTHER ACTION - We are part of the Moorcroft Group ….. As no agreement has been reached we have been asked to review your account to consider the steps which may be taken ….. options include recommending one of the following: Continue our attempts to contact you by letter and phone; …. arrange to call at your home address; … referral for consideration by our Litigation Selection Team. To prevent … you must contact Moorcroft ….Failure to contact Moorcroft ….”
08/01/13 Letter to Midas CSreferring them to my letter to Moorcroft Debt Recovery dated 18/12/12.
09/01/13 Letter from MoorcroftHome Collections Division - “DISCOUNT OFFER - ….failed to make any payment to us ...passed to Home Collections Division for action. This may involve local rep calling at your home....
client has authorised us to consider a discounted settlement figure …Depending on your circumstances we may be able to offer you; A reduction of up to 20% subject to your personal circumstances ...Greater discounts may be available to you and can often vary, dependent on your personal circumstances ….The option of paying the agreed settlement figure over a period of up to 3 months subject to terms & conditions. …if no satisfactory arrangement made with us or our local representative … recommend to our client ...commence further recovery action.”

17/01/13 letter to Moorcroft reminding them that a/c SWID along with a Doorstep Visit letter.
17/01/13 Moorcroft letter (received 22/01/13) - “ Thank you for your recently received letter requesting a copy of your credit agreement ( No!) … client has confirmed that you must put your request in writing to the following address ….”


As I have written to Mint/RBS twice re CCA request (they returned everything the first time), and as my letter of 17/01/13, which would have crossed with this, points out that RBS have failed to comply – which ought to suggest that I have made the request – I think I should definitely just file and await further developments on this one.

[Still Waving]

Re: Which Way to Go?

It's just a Notice of Assignment from a known useless quantity (probably forged). I would personally ignore the NoA, send the A/C Sold in Dispute in response to the first threat, and keep the Letter Confirming No CCA in reserve.

This is because Wasteclot are as useless as it gets, so the more time you can absorb with the alleged debt still in their hands, the better.

SH

Thanks SH. I was thinking that there is a case for stringing each successive DCA along for a while, to help progress this on towards SB.