Which Way to Go?

[Still Waving]

Re: Which Way to Go?

Hi folks - an update:-

Credit card 3 Bank of Scotland. – Taken out early 90's
Balance approx. £13,200
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered originally by Blair Oliver Scott

2/8/12 CCA letter sent.
14/8/12 date of BoS response – Niddy says Unenforceable.
20/8/12 date of letter from Blair Oliver Scott “Contact us within 5 days, or else.”.
28/8/12 Missing Prescribed Terms letter sent to BoS.
29/8/12 Account in Dispute/Harassment & Threat of Doorstep Visit letter sent to Blair O.S.
4/9/12 received letter dated 28/8/12 from Blair O.S. - "Notice of Intended Court Action. Sum claimed due by 4/9/12."
15/9/12 Letter from Bank of Scotland (dated 22 May 2012) in response to my Missing Prescribed Terms letter of 28/08/12. They said that as they cannot produce the original T&Cs they will not seek to enforce, however even if an agreement is unenforceable it is not void and they will continue with normal collections activities.
Letter dated 19/9/12 from BoS Credit Operations Rosyth (but with a Salford return address) "We have arranged for Robinson Way to collect the outstanding amount."
Letter dated 24/9/12 from Robinson Way, Salford - "Important... do not ignore. If you do not agree a payment plan with us we may advise our client to start court action. .......... This account may continue to be a worry for you ........ Unpaid debts don't just go away."
25/9/12. Voicemail message from Rob-Way - "Contact us."
26/09/12 letter to RobWay enclosing copy of BoS letter of 15/09/12 (above), also requesting phone calls cease.
RobWay letter 03/10/12 - “We note that BoS confirmed they will continue normal collections.”Ignored.
RobWay letter 04/10/12 - “We are authorised to negotiate repayment of the account with you ...ACT NOW!”Ignored.
BoS letter 30/10/12 “We've transferred your BoS Credit Card to RobWay. Please contact RobWay ...”Ignored.
RobWay letter 02/11/12 - "Important... do not ignore. If you do not agree a payment plan with us we may advise our client to start court action. .......... This account may continue to be a worry for you ........ Unpaid debts don't just go away."Ignored.
RobWay letter 14/11/12 - “Immediate Action Required …Call us.... if you fail to pay and neglect to deal with this account further action may be taken to recover the amount due.”Ignored.
RobWay letter 28/11/12 - “Ring us today, we can agree a reduced balance you can pay to settle, and you may even be able to pay the reduced amount by instalments you can afford. ...”
Ignored.
Robway letter 12/12/12 - “APPOINTMENT FOR HOME VISIT. ...May be sent to our local rep in 10 days ….”
20/12/12 sent Threat of Doorstep Visit letter to RobWay.
Horwich Farrelly (Sols) letter 31/12/12 (from Robway's address) - “Creditor BOS. We have been instructed by the above…. Court action may be taken... you can avoid court proceedings ... Payment and proposals to Robway. Remember, Court action may increase the amount you owe ….”
08/01/13 sent Letter Previously Confirming No CCA to Horwich Farrelly.

19/01/13 and 24/01/13 letters rec'd from BoS and Wetcloths “we've transferred your Bank of Scotland credit card to Wetcloths ….”
30/01/13 sent SWID to Wetcloths.
12/02/13 Wetcloths letter acknowledging query and suspending collections activity while under investigation. Filed.
09/03/13 Wetcloths - “FINAL NOTICE – We have not received a reply to our previous correspondence … threat, threat ….” WTF?? Silly sods.
19/03/13 Nelson Guest Solicitors letter(return address Huddersfield not Sidcup) - "Offer to reduce the amount payable ...limited period .... contact Wetcloths by ...... or further action will continue ...." Filed.
29/03/13 Nelson Guest letter (return address Huddersfield not Sidcup) - "Whilst Wetcloths still willing to consider realistic options ....." (10 day deadline or further recovery action will be taken).
09/04/13 letter sent to Wetcloths telling them to address the issues raised in my letter of 30/01 and to tell Nelson Guest to stop writing to me.
09/04/13 (received 13/04) Wetcloths doorstep collection notice.
16/04/13 sent Harassment/Threat of Doorstep Visit letter to Wetcloths.
19/04/13 Wetcloths letter acknowledging query and suspending collections activity while under investigation(Identical to 12/02/13 letter - Filed)
20/08/13 Wetcloths letter – almost identical to their previous one. (Filed)
30/08/13 Wetcloths letter confirming account remains on hold. (Filed)
05/09/13 Bank of Scotland letter referring to my recent communication and enclosing a copy of my signed application - nothing else, no PT's, and less than they originally sent last year which niddy had deemed UE. - Filed
05/09/13 A separate letter purporting to come from Bank of Scotland advising that they have transferred my BoSCC to Firstsource Solutions. In the same envelope an introductory letter from Firstsource. There have since been 5 unanswered calls which - on checking Whocallsme.com - were from Firstsource. No further letters from them yet.
There have been approx a dozen identifiable calls (unanswered) and voicemails from FirstSource between 09/09 and 10/12, but no letters since their introductory one.
11.07.14 - Statement of balance from BoS. - Filed
15.07.14 Letter from Bank of Scotland advising that they have assigned the account to Cabot Financial, and in the same envelope -
12.07.14 Cabot Financial 'Welcome to Cabot - we have recently bought the account' letter.
25.07.14 Cabot letter - extract "If you don't contact us to arrange a suitable payment plan then we cannot help you and the balance will remain outstanding. Blah, blah ..."

(It was suggested I await next contact, then send letter confirming no CCA.)
Update:
11.08.14 Cabot letter asking me to call them. Still no threats, so I guess I still hold off on sending http://www.all-about-debt.co.uk/inde...firming-no-cca ???
I suppose I should send it, as they don't know yet that this debt is disputed.

[Still Waving]

Re: Which Way to Go?

Another update folks.

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.
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.”
28/08/13 Sent Arden a short letter referring to my previous letters and stating that my position is unchanged.
18/11/13. Idem statement of account “in compliance with CCA 1974. ”- Filed.
11/03/14 Arden letter - "Due to non payment ... our client Idem Servicing has instructed Mackenzie Hall to collect the blance o/s. If you do not wish MH to be instructed please contact us directly on ******." - Filed.

Update:
25.04.14 Mackenzie Hall letter - "FAILURE TO RESPOND - Despite previous correspondence (never received) you have failed to contact us ..... WE WANT TO HELP ......." - Filed.
16.05.14 Mackenzie Hall letter - "REDUCED SETTLEMENT OFFER" - Filed.
06.06.14 Mackenzie Hall letter - "DEALING WITH DEBT & FINANCIAL HARDSHIP ..... WE WANT TO HELP ......"
20.06.14 Sent SWID letter to Mackenzie Hall.
27.06.14 Mackenzie Hall letter - "We understand your complaint is in relation to Idem Servicing ..... we have forwarded your complaint to them ..... Complaints guide enclosed"
01.07.14 Arden Credit Management letter - "Sorry to learn you have been dissatisfied ...... We will be conducting a thorough investigation ......"
17.07.14 Arden Credit Management letter - "... confirm that a copy of your loan agreement and a statement of your account were issued to you in accordance with CCA74 ....... confident that agreement is wholly enforceable ..... Please contact us to discuss repayment of the balance ...... Final response .... complaints guide enclosed ....."

Not going to contact them to discuss repayment, so will await next letter from them/their agents.

[Still Waving]

Re: Which Way to Go?

Another update:-

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 SCS Solicitors/Apex/Morecrap/Robway/Westcot/Crapfest 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.

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 ...." 20/02/13 Argumentative final response from Apex, but enclosing refund of £1. I was not entirely happy, so sent Apex a further letter and finally got a letter with a satisfactory statement that the original £1 had been removed from the account.)
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.
20/02/13 returned my SWID letter to Moorcroft, telling them to read it properly.
27/02/13 Moorcroft letter - "Communicating with client - meanwhile follow-up action suspended."
15/06/13 Moorcroft letter - " ... advised that this is for a bank account which does not have an executed agreement. Further to this sections 77 78 CCA74 do not apply as it is not a credit agreement"
28/06/13 letter to Moorcroft pointing that they have been misinformed, and the information given to a previous agent was also incorrect, and that I can prove if necessary that this does not relate to my current account, as they have alleged.
02/07/13 Moorcroft letter - "Communicating with our client ... follow-up action suspended."
12/08/13 Moorcroft letter - "POSSIBLE FURTHER ACTION"
20/08/13 letter to Moorcroft referring to previous correspondence, and their last letter.
28/08/13 Moorcroft letter - "Moorcroft no longer responsible for collection ..."
20/09/13 letter purporting to come from LTSB - "We've transferred your LTSB CURRENT ACCOUNT to Robinson Way ..."
25/09/13 'Nice' introductory letter from RobWay enclosing a financial statement form which I can complete and return with my payment offer.(As if!) Three unanswered calls and a voicemail message from Robway since.
05/10/13 RobWay letter - "We are authorised to negotiate repayment of the balance outstanding ..... if you fail to pay or contact us .... continue to contact you by letter/phone or doorstep agent .... Please call us ....." - Ignored.
19/11/13 LTSB letter - " ......transferred your account to Westcot...... instructed Westcot to arrange collection ....." - Filed.
01/12/13 Westcot letter - "Address verification ....... if we do not hear from you by 11/12/13 ...." - Ignored.
08/12/13 Westcot letter - "Notice of Debt Collection ...... to avoid further action either pay up or contact us on ******* ...." - Ignoring for now.
18/12/13 Westcot letter - "REMINDER NOTICE - ...Unless you contact us and agree repayment of £***** within the next 10 days .... This may lead to doorstep collector, or either us or our client taking legal action through the courts ......... PAYMENT DUE BEFORE: 1st January 2014."
28/12/13 sent SWID incorporating "no more calls" to Westcot.
28/12/13 (rec'd 3/1/14) Westcot letter - "Reduced Settlement Offer (no figures mentioned) ..... limited period, contact us by 7/1/14 to agree suitable settlement or offer will be withdrawn ....."
08/01/14 Westcot letter acknowledging dispute.
10/02/14 Lloyds letter thanking me for letting them know I have an issue with the account, which they will deal with asap.
12/02/14 Lloyds letter thanking me for contacting them with my complaint (I didn't) and enclosing a cheque for £100 for expenses and inconvenience caused in the handling of my complaint.
They go on to reiterate that CCA does not apply to current accounts (which they clearly still regard this as, though it is not).
26.03.14 New CCA request sent to Lloyds, also pointing out that they are providing misleading information by insisting that the alleged debt relates to my current account.
01.04.14 Lloyds letter returning my letter and PO as it was not made payable to them, and they cannot identify a loan account with the details I have provided.
23.04.14 Lloyds letter informing me that they have instructed Crapfest to arrange collection of the outstanding amount.
01.05.14 - Capquest introductory letter, they would like to work with me ...... As the letter contained no threats filed to wait for the next letter.

Update:
16.05.14 Capquest letter - "Are you experiencing difficulties?" - Filed.
31.05.14 Capquest letter- "You haven' told us why your account hasn't been resolved. Our team would like to help you reach an affordable repayment plan."
18.06.14 - CCA request to Capquest, also including your client has misinformed you that this is a current account, and no more phone calls.
15.06.14 (Rec'd 20.06.14) Capquest letter offering an unspecified settlement figure. - Filed.
24.06.14 Capquest letter saying that client confirms this relates to current a/c no xxxxx, CCA74 does not apply to overdrafts on current a/c. £1 fee returned. They are requesting statements from Lloyds and will send them when received.
22.07.14 Capquest letter enclosing monthly statements for 2010 (goodness knows why this period, the account goes back to the 80's). Helpfully from my point of view, some of the statements refer to the account as Moneyplan (which is what it originally was). Others refer to it as Classic which is what my current account was known as. Capquest ask that I call them to discuss repayment options. Won't be doing that, so I think I shall await their next letter.

[MrsD]

Re: Which Way to Go?

oh you are so hard!!!

[Still Waving]

Re: Which Way to Go?

I'd wait until they contact you seperately then slap your letter confirming no CCA right between their wee piggy eyes, http://www.all-about-debt.co.uk/inde...firming-no-cca and that should put their gas at a peep!

Hi Mrs D

It doesn't seem fair to shock them so early on.

[MrsD]

Re: Which Way to Go?

I'd wait until they contact you seperately then slap your letter confirming no CCA right between their wee piggy eyes, http://www.all-about-debt.co.uk/inde...firming-no-cca and that should put their gas at a peep!

[Still Waving]

Re: Which Way to Go?

Hi folks - an update:-

Credit card 3 Bank of Scotland. – Taken out early 90's
Balance approx. £13,200
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered originally by Blair Oliver Scott

2/8/12 CCA letter sent.
14/8/12 date of BoS response – Niddy says Unenforceable.
20/8/12 date of letter from Blair Oliver Scott “Contact us within 5 days, or else.”.
28/8/12 Missing Prescribed Terms letter sent to BoS.
29/8/12 Account in Dispute/Harassment & Threat of Doorstep Visit letter sent to Blair O.S.
4/9/12 received letter dated 28/8/12 from Blair O.S. - "Notice of Intended Court Action. Sum claimed due by 4/9/12."
15/9/12 Letter from Bank of Scotland (dated 22 May 2012) in response to my Missing Prescribed Terms letter of 28/08/12. They said that as they cannot produce the original T&Cs they will not seek to enforce, however even if an agreement is unenforceable it is not void and they will continue with normal collections activities.
Letter dated 19/9/12 from BoS Credit Operations Rosyth (but with a Salford return address) "We have arranged for Robinson Way to collect the outstanding amount."
Letter dated 24/9/12 from Robinson Way, Salford - "Important... do not ignore. If you do not agree a payment plan with us we may advise our client to start court action. .......... This account may continue to be a worry for you ........ Unpaid debts don't just go away."
25/9/12. Voicemail message from Rob-Way - "Contact us."
26/09/12 letter to RobWay enclosing copy of BoS letter of 15/09/12 (above), also requesting phone calls cease.
RobWay letter 03/10/12 - “We note that BoS confirmed they will continue normal collections.”Ignored.
RobWay letter 04/10/12 - “We are authorised to negotiate repayment of the account with you ...ACT NOW!”Ignored.
BoS letter 30/10/12 “We've transferred your BoS Credit Card to RobWay. Please contact RobWay ...”Ignored.
RobWay letter 02/11/12 - "Important... do not ignore. If you do not agree a payment plan with us we may advise our client to start court action. .......... This account may continue to be a worry for you ........ Unpaid debts don't just go away."Ignored.
RobWay letter 14/11/12 - “Immediate Action Required …Call us.... if you fail to pay and neglect to deal with this account further action may be taken to recover the amount due.”Ignored.
RobWay letter 28/11/12 - “Ring us today, we can agree a reduced balance you can pay to settle, and you may even be able to pay the reduced amount by instalments you can afford. ...”
Ignored.
Robway letter 12/12/12 - “APPOINTMENT FOR HOME VISIT. ...May be sent to our local rep in 10 days ….”
20/12/12 sent Threat of Doorstep Visit letter to RobWay.
Horwich Farrelly (Sols) letter 31/12/12 (from Robway's address) - “Creditor BOS. We have been instructed by the above…. Court action may be taken... you can avoid court proceedings ... Payment and proposals to Robway. Remember, Court action may increase the amount you owe ….”
08/01/13 sent Letter Previously Confirming No CCA to Horwich Farrelly.

19/01/13 and 24/01/13 letters rec'd from BoS and Wetcloths “we've transferred your Bank of Scotland credit card to Wetcloths ….”
30/01/13 sent SWID to Wetcloths.
12/02/13 Wetcloths letter acknowledging query and suspending collections activity while under investigation. Filed.
09/03/13 Wetcloths - “FINAL NOTICE – We have not received a reply to our previous correspondence … threat, threat ….” WTF?? Silly sods.
19/03/13 Nelson Guest Solicitors letter(return address Huddersfield not Sidcup) - "Offer to reduce the amount payable ...limited period .... contact Wetcloths by ...... or further action will continue ...." Filed.
29/03/13 Nelson Guest letter (return address Huddersfield not Sidcup) - "Whilst Wetcloths still willing to consider realistic options ....." (10 day deadline or further recovery action will be taken).
09/04/13 letter sent to Wetcloths telling them to address the issues raised in my letter of 30/01 and to tell Nelson Guest to stop writing to me.
09/04/13 (received 13/04) Wetcloths doorstep collection notice.
16/04/13 sent Harassment/Threat of Doorstep Visit letter to Wetcloths.
19/04/13 Wetcloths letter acknowledging query and suspending collections activity while under investigation(Identical to 12/02/13 letter - Filed)
20/08/13 Wetcloths letter – almost identical to their previous one. (Filed)
30/08/13 Wetcloths letter confirming account remains on hold. (Filed)
05/09/13 Bank of Scotland letter referring to my recent communication and enclosing a copy of my signed application - nothing else, no PT's, and less than they originally sent last year which niddy had deemed UE. - Filed
05/09/13 A separate letter purporting to come from Bank of Scotland advising that they have transferred my BoSCC to Firstsource Solutions. In the same envelope an introductory letter from Firstsource. There have since been 5 unanswered calls which - on checking Whocallsme.com - were from Firstsource. No further letters from them yet.
There have been approx a dozen identifiable calls (unanswered) and voicemails from FirstSource between 09/09 and 10/12, but no letters since their introductory one.

Update:
11.07.14 - Statement of balance from BoS. - Filed
15.07.14 Letter from Bank of Scotland advising that they have assigned the account to Cabot Financial, and in the same envelope -
12.07.14 Cabot Financial 'Welcome to Cabot - we have recently bought the account' letter.
25.07.14 Cabot letter - extract "If you don't contact us to arrange a suitable payment plan then we cannot help you and the balance will remain outstanding. Blah, blah ..."

No threats at all yet, but I suppose I should send them a SWID now??

[nightwatch]

Re: Which Way to Go?

think I would do the same

[Still Waving]

Re: Which Way to Go?

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 SCS Solicitors/Apex/Morecrap/Robway/Westcot/Crapfest 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.

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 ...." 20/02/13 Argumentative final response from Apex, but enclosing refund of £1. I was not entirely happy, so sent Apex a further letter and finally got a letter with a satisfactory statement that the original £1 had been removed from the account.)
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.
20/02/13 returned my SWID letter to Moorcroft, telling them to read it properly.
27/02/13 Moorcroft letter - "Communicating with client - meanwhile follow-up action suspended."
15/06/13 Moorcroft letter - " ... advised that this is for a bank account which does not have an executed agreement. Further to this sections 77 78 CCA74 do not apply as it is not a credit agreement"
28/06/13 letter to Moorcroft pointing that they have been misinformed, and the information given to a previous agent was also incorrect, and that I can prove if necessary that this does not relate to my current account, as they have alleged.
02/07/13 Moorcroft letter - "Communicating with our client ... follow-up action suspended."
12/08/13 Moorcroft letter - "POSSIBLE FURTHER ACTION"
20/08/13 letter to Moorcroft referring to previous correspondence, and their last letter.
28/08/13 Moorcroft letter - "Moorcroft no longer responsible for collection ..."
20/09/13 letter purporting to come from LTSB - "We've transferred your LTSB CURRENT ACCOUNT to Robinson Way ..."
25/09/13 'Nice' introductory letter from RobWay enclosing a financial statement form which I can complete and return with my payment offer.(As if!) Three unanswered calls and a voicemail message from Robway since.
05/10/13 RobWay letter - "We are authorised to negotiate repayment of the balance outstanding ..... if you fail to pay or contact us .... continue to contact you by letter/phone or doorstep agent .... Please call us ....." - Ignored.
19/11/13 LTSB letter - " ......transferred your account to Westcot...... instructed Westcot to arrange collection ....." - Filed.
01/12/13 Westcot letter - "Address verification ....... if we do not hear from you by 11/12/13 ...." - Ignored.
08/12/13 Westcot letter - "Notice of Debt Collection ...... to avoid further action either pay up or contact us on ******* ...." - Ignoring for now.
18/12/13 Westcot letter - "REMINDER NOTICE - ...Unless you contact us and agree repayment of £***** within the next 10 days .... This may lead to doorstep collector, or either us or our client taking legal action through the courts ......... PAYMENT DUE BEFORE: 1st January 2014."
28/12/13 sent SWID incorporating "no more calls" to Westcot.
28/12/13 (rec'd 3/1/14) Westcot letter - "Reduced Settlement Offer (no figures mentioned) ..... limited period, contact us by 7/1/14 to agree suitable settlement or offer will be withdrawn ....."
08/01/14 Westcot letter acknowledging dispute.
10/02/14 Lloyds letter thanking me for letting them know I have an issue with the account, which they will deal with asap.
12/02/14 Lloyds letter thanking me for contacting them with my complaint (I didn't) and enclosing a cheque for £100 for expenses and inconvenience caused in the handling of my complaint.
They go on to reiterate that CCA does not apply to current accounts (which they clearly still regard this as, though it is not).
26.03.14 New CCA request sent to Lloyds, also pointing out that they are providing misleading information by insisting that the alleged debt relates to my current account.
01.04.14 Lloyds letter returning my letter and PO as it was not made payable to them, and they cannot identify a loan account with the details I have provided.
23.04.14 Lloyds letter informing me that they have instructed Crapfest to arrange collection of the outstanding amount.

Update:

01.05.14 (Rec'd today) - Capquest introductory letter, they would like to work with me ......

As the letter contains no threats I am inclined to wait for the next letter.

[Never-In-Doubt]

Re: Which Way to Go?

DOH sorry yea my bad. Blame old age

[Still Waving]

Re: Which Way to Go?

yea just sit tight and update us next time either contact you, they are (of course) one and the same anyway (LBG)...

Thanks, will do - but Mint are RBS who I thought are separate from Lloyds/Halifax/BoS etc ?

[Never-In-Doubt]

Re: Which Way to Go?

Hi folks, another update.



Update:
10.04.14 Letter to Mint reiterating my position as set out in last letter.
15.04.14 Mint letter - Identical to their previous one.

Going around in circles here so, in line with the Lloyds situation in the previous couple of posts, I think I shall await the next letter from a Mint agent, then send a fresh CCA request to them.

yea just sit tight and update us next time either contact you, they are (of course) one and the same anyway (LBG)...

[Still Waving]

Re: Which Way to Go?

Hi folks, another 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/Moorcroft/Midas/Westcot/Regal


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.
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." - Filed.Update:
10/07/13 Westcot letter - "The opportunity to take control of your outstanding balance ..... take control with repayments that you agree and that you can afford over a period of time ..... no further phone calls, letters etc etc ......" - Filed.
20/07/13 Westcot letter - "Doorstep Collection Notice .......... instructions will now be provided to Credit Security ...." - Filed.
30/07/13 Westcot letter - "Instructions have now been provided (doorstep collection visit) to our agent Credit Security ....." - Filed
31/07/13 Credit Security letter - "blah, blah .... within 10 days ... doorstep collector ...."
07/08/13 letter to Credit Securities - "Threat of Doorstep Visit (and btw, in dispute with RBS)".
16/08/13 Credit Security letter - referred back to clients for instruction.
06/12/13 Regal Credit Consultants letter - "Details passed to us by RBS ..... will contact you during next 7 days by letter and/or phone ......"
A few missed calls and voicemails from Regal Credit Consultants.
30/12/13 Regal CC letter - "As we have not been notified of any reason for non-payment, our client has instructed us to collect ... in full to avoid any further debt recovery action .... we will work with you .... arrangement that is affordable and sustainable ..... it is in your own interest to contact us to discuss this matter"
09/01/14 sent SWID letter to Regal CC.
23/01/14 letter received from Mint/RBS, shown in #333 above -Link- (sent to my old address) following my SWID letter sent to Regal Credit Consultants using my current address.
04/03/14 sent letter to Mint - a tweaked Niddy Special, telling them they are playing silly buggers, they still have my CCA request & fee, I'm not signing anything, they know who I am, and their agents have been writing to my current address with sensitive info for months.
07/03/14 Mint reply (sent to my current address) - identical to the last one except the paragraph relating to change of address has been cut.

Update:
10.04.14 Letter to Mint reiterating my position as set out in last letter.
15.04.14 Mint letter - Identical to their previous one.

Going around in circles here so, in line with the Lloyds situation in the previous couple of posts, I think I shall await the next letter from a Mint agent, then send a fresh CCA request to them.

[Still Waving]

Re: Which Way to Go?

Hold fire, wait till CQ do contact you then send them the CCA.....

Pointless arguing when they won't supply it - fine, then leave Lloyds alone for now.

Hi Niddy, thanks for your reply - will wait for CQ then.

[Never-In-Doubt]

Re: Which Way to Go?

Hold fire, wait till CQ do contact you then send them the CCA.....

Pointless arguing when they won't supply it - fine, then leave Lloyds alone for now.