Which Way to Go?

[Pixie]

Re: Which Way to Go?

It seems like the letters have crossed in the post.

I'd send a one-liner thanking them for their letter of 3/12/12 and asking them to refer to your letter dated 28/11/12

[Still Waving]

Re: Which Way to Go?

Hi all - second 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 ...”

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.”


Should I send a short letter referring them to my S-w-i-D letter of 28/11/12, or send a Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat

Thanks

[Still Waving]

Re: Which Way to Go?

Thanks MrsD, will do.

[MrsD]

Re: Which Way to Go?

to be on the safe side, I'd send a one liner referring them to your missing prescribed terms

just refer them to the letter of 23rd nov

better keeping a nice neat papertrail

[Still Waving]

Re: Which Way to Go?

Hi all - first update

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 . Shock horror.
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).
There have been countless (18) missed calls and voicemail messages from Arden since 15/11/12, including (the only) one I picked up, from a withheld number. I told the person that if they wish to communicate they must do it in writing, yet the calls continue.

23/11/12 sent Sold While in Dispute letter to Arden, including a para on phone harassment.
Arden letter dated 26/11/12 - “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.”

I am ignoring this for the time being as either the sender had not seen my letter of 23/11/12, or they are ignoring it. (What a cheek, to ignore letters )

[Still Waving]

Re: Which Way to Go?

Thanks vint1954, CCA reminder going off today.

[vint1954]

Re: Which Way to Go?

Hi all - an update.


02/08/12 sent CCA request to AIB Bank.
No response to request, and apart from a recent letter asking me to contact them, no other demands until -
26/11/12 letter from AIB Bank - "As we have not received payment proposals for your debt, we are transferring the account to debt collectors who will call upon you personally, if you do not begin repayments following receipt of this letter. The matter warrants your immediate attention."

I'm thinking I should now send Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat
suitably amended as I am not making payments anyway, combined with Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

Any thoughts please?

If it were me I would send this one next

http://www.all-about-debt.co.uk/temp...lity/s1-t2.php

[Still Waving]

Re: Which Way to Go?

Hi all - an update.

Credit card 5 Saga (AIB). – Taken out during 00's prior to 2007 I believe

Balance approx. £1,650
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender

02/08/12 sent CCA request to AIB Bank.
No response to request, and apart from a recent letter asking me to contact them, no other demands until -
26/11/12 letter from AIB Bank - "As we have not received payment proposals for your debt, we are transferring the account to debt collectors who will call upon you personally, if you do not begin repayments following receipt of this letter. The matter warrants your immediate attention."

I'm thinking I should now send Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat
suitably amended as I am not making payments anyway, combined with Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

Any thoughts please?

[Never-In-Doubt]

Re: Which Way to Go?

Do as I say, not as I do, eh? Thanks Niddy.

yea, that's the one

[Still Waving]

Re: Which Way to Go?

Do as I say, not as I do, eh? Thanks Niddy.

[Never-In-Doubt]

Re: Which Way to Go?

Freds will not start legal action for £440

I would write back and say go shag a sheep, but I don't think you ought to do that. As above, look to send the legal threat template

[Still Waving]

Re: Which Way to Go?

Thanks for the responses folks, appreciated.

[vint1954]

Re: Which Way to Go?

If you got the LBA from Freds then I would send Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action to them.

Thanks Pixie

[ScabHunter]

Re: Which Way to Go?

It is not an easy choice to make, is it? I don't think they know half the time exactly what drivel they are sending out. It is just "press a button on the threat machine, print it off and send it, doesn't matter if it is relevant, as long as it has got lots of threatening words in it".

There is a strong case for option a), because they have stated that they are no longer instructed in the matter, yet they are making threats. Obviously the OFT Guidance is being violated if not the law itself. The problem is that it then puts you on the attack, and raises your profile to the alleged account holder, who could then instruct someone to take legal action.

I think on balance I'd just send the template. The fact they have threatened you after they have already told you they were bailing out can then be kept in reserve for possible future complaints. It may cause them more trouble later than it would do now, and by "them" I mean Crappy One, as they are legally responsible for the behaviour of equitable assignees.

SH

[Pixie]

Re: Which Way to Go?

If you got the LBA from Freds then I would send Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action to them.