Which Way to Go?

[Still Waving]

Re: Which Way to Go?

I would send it to Niddy just to be sure

Hi Vint1954

I did send to Niddy what they sent previously.

[Still Waving]

Re: Which Way to Go?

Hi folks, an update:

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 of 2012
Last DMP payment May 2012.

02/08/12CCA request sent.
No responseuntil 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
12/11/12Idem statement of account Jan to Nov 2012 “In compliance with CCA 1974.”Ignored
22/11/12Arden 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”
28/11/12sent 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.”
12/12/12sent brief acknowledgement referring to mySWID letter of 28/11/12.
06/12/12Idem 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.
03/01/13Sent letter to Arden referring to my letters of 27/11 and 12/12, neither of which has been acknowledged in their subsequent correspondence.
11/01/13Arden 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.”
17/01/13sent a letter to Arden referring them to my SWID letter, and incorporating Doorstep Visit threat response.
28/01/13Received undated letter from Arden, a fairly soft template enclosing I&E form.Ignored.
24/01/13Arden 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.
04/02/13Sent 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..."
08/02/13Idem 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."
12/02/13I sent Doorstep Threat response letters to Arden/Resolvecall.
Letter ping-pong with Resolvecall, ending with"... we are currently no longer dealing ..."
15/02/13An odd Arden letter - "Thank you for your recent offer of payment. (????).... Please supply I&E details....."
28/02/13 sent brief letter to Arden pointing out no offer made and this remains in dispute as per previous correspondence.

25/02/13Arden letter (rec'd 01/03) advising that their client Idem Servicing has instructed Freds to collect.
06/03/13Freds letter - "DO NOT IGNORE. IMMEDIATE PAYMENT REQUIRED. We are authorised .... to secure repayment of the debt."
15/03/13sent SWID to Freds.
13/03/13Freds letter (Rec'd 18/03/13) - "To avoid further action, contact within 7 days"As this crossed with my SWID, Filed.
21/03/13Freds letter - "Account placed on hold".Filed.
26/03/13Freds letter - "Client response indicates that debt details are correct ..... please telephone us within 7 days" Filed and await their next letter.
08/04/13 Freds letter - "We have been unable to make contact ..... we have the authority to set up a payment arrangement with you .... phone us within 7 days with repayment proposals."
15/04/13 Freds letter - ".... We are prepared to offer one final opportunity to pay. To avoid further debt recovery action, phone us within 48 hrs of receipt ..."
20/04/13 sent Freds a letter advising that I will only communicate in writing and incorporating a slightly amended version of the Application Form Received letter.
24/04/13 Freds letter - “Client confirms that CCA request complied with ….. payment proposals by 15/05 or collection activity may resume”

14/05/13 sent Freds a letter saying that regardless of what their client has advised, I still consider this in dispute as set out in my previous 2 letters.
23/05/13 Freds letter – Account on hold while they refer back to their client for instructions.
31/05/13 Freds letter - “Client confirms they wrote on xx/xx/13 advising that they had fully complied with CCA request and agreement remains enforceable. Payment proposals by 21/06 or collection may resume.”

Update:

24/06/13 sent Creditor Refusal to Accept UE letter.
26/06/13 Freds letter - “We reiterate our letters to you dated xx/xx/13 and xx/xx/13. (I have nothing from them under the first date, it is in fact the date of my letter sent to them in May.)
Client confirms they wrote on xx/xx/13 advising that they had fully complied with CCA obligations and agreement remains enforceable. Clients position is that outstanding balance above is due. (This paragraph is identical to their last letter.)
….. we confirm no further correspondence will be accepted or entered into in relation to the above matter.”


I need to consider how to respond next, but for the moment I think I will hang fire, as there were no specific demands made, and await their next letter. In the meantime I would be grateful for any thoughts as to how to play this next.

Possibly send http://www.all-about-debt.co.uk/inde...e-cca-received ??

[Pixie]

Re: Which Way to Go?

I think either would be okay...it's up to you.

[PriorityOne]

Re: Which Way to Go?

….. we confirm no further correspondence will be accepted or entered into in relation to the above matter.”

Cheeky barstewards.....

In other words, they don't really know what to say. They'd have to respond if it was a formal complaint anyway....

[vint1954]

Re: Which Way to Go?

Hi folks, an update:


Update:

24/06/13 sent Creditor Refusal to Accept UE letter.
26/06/13 Freds letter - “We reiterate our letters to you dated xx/xx/13 and xx/xx/13. (I have nothing from them under the first date, it is in fact the date of my letter sent to them in May.)
Client confirms they wrote on xx/xx/13 advising that they had fully complied with CCA obligations and agreement remains enforceable. Clients position is that outstanding balance above is due. (This paragraph is identical to their last letter.)
….. we confirm no further correspondence will be accepted or entered into in relation to the above matter.”


I need to consider how to respond next, but for the moment I think I will hang fire, as there were no specific demands made, and await their next letter. In the meantime I would be grateful for any thoughts as to how to play this next.

Possibly send http://www.all-about-debt.co.uk/inde...e-cca-received ??

Or just a one liner stating you have made your position clear in your letter dates 24th June. Then just wait and see what comes next.

[Still Waving]

Re: Which Way to Go?

Or just a one liner stating you have made your position clear in your letter dates 24th June. Then just wait and see what comes next.

Thats a good idea, and adds to the paper trail. Thanks Vint1954
(Perhaps I should say I won't entertain any further correspondence on the matter )

[nightwatch]

Re: Which Way to Go?

could you not be just as cheeky and say "as you consider their clients are mistaken, this account is still in dispute" and thank them for their written confirmation that they will not be contacting you again about the matter,

[Still Waving]

Re: Which Way to Go?

Tempting isn't it?

[Still Waving]

Re: Which Way to Go?

Hi all. An update -

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 ….”

28/02/13 sent letter in response to further follow up from Moorcroft, pointing out that I had already twice requested CCA info from RBS along with fee.
04/03/13 Moorcroft letter. They are communicating with client and meantime action will be suspended.Filed
12/03/13 Moorcroft letter - "Client advises that they have received your CCA request, however they have requested that you sign your request ......" As I had already sent a Demand of Signature by Creditor letter direct to RBS months ago - Filed.

Update:
17/05/13 Mint letter advising account now to Westcot as new collection agent. Filed.
05/06/13 Westcot letter with red banner header. "Notice of debt collection ..... you must contact us ASAP .... failure to do so ...further recovery action." - Filed.
15/06/13 Westcot letter - "Final Notice ..... now confirmed that you are still resident .... unless you contact us in next 10 days .... further recovery action ..." - Filed.
25/06/13 Westcot letter - "Reduced Settlement Offer (no figure mentioned) .... limited period .... unless blah blah ... 10 days .... further recovery action will be taken." - Ignoring for the present.


Any comments welcomed, as always. This is the 3rd time (2nd agent) I have been offered the possibility of a discount on this one. Send SWID now, or await next letter?

[Pixie]

Re: Which Way to Go?

I always send SWID when I have the first letter from a new dca so I would have sent it after Westcot's letter on 5/6/13.

The discounts don't matter. If they haven't sent you a compliant cca then it's UE...and you're not going to pay a UE debt, are you

[Still Waving]

Re: Which Way to Go?

The discounts don't matter. If they haven't sent you a compliant cca then it's UE...and you're not going to pay a UE debt, are you

Nope. I was just commenting.

[Still Waving]

Re: Which Way to Go?

Hi folks, an update -

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.
21/01/13Arden 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.-Ignored
11/02/13 - FINAL DEMAND letter from Arden.
02/03/13 Sent Arden another SWID letter.
08/03/13 Arden letter (Rec'd 14/03/13) - "As we have not been able to contact you ... necessary to appoint Resolvecall to attend your property ...."
15/03/13 Sent Doorstep letter, incorporating comment concerning 3 letters sent by me, but not acknowledged in their letters, and also reminding contact in writing only.
12/03/13 Arden letter (Rec'd 15/03/13) - "Thank you for your complaint .... we will be conducting a thorough investigation into your concerns ....." - This is in reply to my SWID letter, which they are actually addressing this time.
14/03/13 Arden letter (Complaints handler/conciliator) - rec'd 19/03/13 "....Our Findings - copy of loan agreement was sent to you .... We are confident that the documentation has been properly drawn and is wholly enforceable. .... we will not be releasing you from any obligation. .... final response under complaints procedure ....FOS guide enclosed."This letter doesn't call for any action on my part, so I think I will just file.
15/03/13 Arden letter (rec'd 19/03/13) - "Please find further copy of your loan agreement. Please contact us to discuss
your payment proposals. Failure ... may result in further action." All that was enclosed was a copy of most recent Terms. I read this as a request to phone them "to discuss". As I have already informed them
that I will only deal with them in writing - filed.
18/05/13 Idem letter - “On receipt of this letter please contact us on….. we need to discuss your account …....” (signed by manager at Arden)
22/05/13 Idem letter, by recorded delivery – (Refers to my original CCA letter of last summer, and apologises for delay in responding) “In compliance with CCA request we enclose a copy of the executed
agreement, a copy of the T&Cs and a statement of account. We trust that this meets with your requirements.” (signed by case handler, Idem) What they have sent appears to be identical to what they sent to me 9 months ago. No response sent.

Update:

17/07/13 Arden letter - “We would like to speak to you about your account …...” - Ignored.
19/08/13 Arden letter - “FINAL DEMAND – (identical to their 11/02 letter) - ...concerned that you persist in refusing to address the outstanding balance …. no option but to review account for further action … may mean home visit or referral to our solicitors ….. review in 7 days.”

They have already had a MPT letter and two SWID letters, so I need to consider my next response. I think possibly
http://www.all-about-debt.co.uk/inde...e-cca-received

Any comments welcomed as always.

[Deepie]

Re: Which Way to Go?

Hi folks, an update -



Update:

17/07/13 Arden letter - “We would like to speak to you about your account …...” - Ignored.
19/08/13 Arden letter - “FINAL DEMAND – (identical to their 11/02 letter) - ...concerned that you persist in
refusing to address the outstanding balance …. no option but to review account for further action … may mean home visit or referral to our solicitors ….. review in 7 days.”

They have already had a MPT letter and two SWID letters, so I need to consider my next
response. I think possibly
http://www.all-about-debt.co.uk/inde...e-cca-received

Any comments welcomed as always.

or a one liner .....referring them to your previous letter..... I would save that one for later

[Still Waving]

Re: Which Way to Go?

or a one liner .....referring them to your previous letter..... I would save that one for later

That seems a good suggestion Deepie, as none of their letters referred specifically to my last letter. I could refer to my prevous letter, but not specify which one. May cause a little confusion.

[Deepie]

Re: Which Way to Go?

That seems a good suggestion Deepie, as none of their letters referred specifically to my last letter. I could refer to my prevous letter, but not specify which one. May cause a little confusion.

Well.....That's what I'd do...