Which Way to Go?

[SXGuy]

Re: Which Way to Go?

Remind them again, after that, i wouldnt worry, if they dont know what the debt relates to, they sure as hell wont have any details to issue legal proceedings.

Id be taking their ignorance as a sign that you have won this one.

[Still Waving]

Re: Which Way to Go?

Remind them again, after that, i wouldnt worry, if they dont know what the debt relates to, they sure as hell wont have any details to issue legal proceedings.

Id be taking their ignorance as a sign that you have won this one.

Thanks for your comment SXGuy. At the moment it's going around in a circle and it could end up with both sides saying " I will not enter into any further correspondence on this point."

But, if it comes to it, I think there is another avenue to flush out what they do or don't have, and which could put them on the back foot again.

[Still Waving]

Re: Which Way to Go?

Hi all - an 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.

I think I should now send a Sold Whilst in Dispute letter, including a Cease the Calls paragraph? What about the reference to a doorstep visit – leave that for now, as the In Dispute should hold them for now?

Any comments please?

[Still Waving]

Re: Which Way to Go?

Hi all, an update.

Originally Posted by NotDrowningButWaving
Credit card 6 Capital 1. – Taken out during 00's prior to 2007 I believe
Balance approx. £440
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender


02/08/12CCA request sent.
17/08/12Cap1 sent Recon agreement. Niddy said - the terms are a recon but not relevant to the product I signed up for.
07/09/12Sent Missing Prescribed Terms letter.

Two letters received from Cap1 on 01/10/12:-
First letter dated 25/09/12 – a long repetitive and waffling response to the MPT letter claiming they have fulfilled their CCA obligations. I would like to send this one to Niddy for an opinion as to how to respond.

Second letter dated 27/09/12 – Account has been referred to Fredrickson International. I shall do nothing on this one until I hear from Fredrickson in writing. So far they have attempted to contact me by phone twice in the past two days.
Letter dated 02/10/12 received from Fredrickson - "Cap1 have passed this account to us for collection ......As we have been appointed as their agent you should now make sure you contact us and not Cap1. ..... Our client now requires payment in full to avoid further action. ....You must phone us immediately ....."
08/10/12 Account Sold whilst in Dispute (including para re phone harassment) letter sent.
Fredrickson letter 11/10/12 - “We would be grateful if you will note that we are no longer instructed to act in connection with this matter. We have passed your letter to our clients and would be grateful if you will address all further correspondence with them direct.”

Since 22/11/12 there have been several calls from Fred's, some voicemail and some missed. None were responded to. Now a letter from Fred's 04/12/12 - “LETTER BEFORE ACTION ….. legal action is now being considered. Should it be necessary to issue proceedings in the County Court further additional fees will be added to the balance outstanding (fees and new balance set out)"
I have had no further correspondence from Cap1 since the original notification 27/09/12 on their letterhead (but sent from Fred's address) that Fred's had been instructed, and no correspondence from Fred's since their letter of 11/10/12 above.

Options I'm considering:
a) Refer them to their letter of 11/10/12 and ask why and on what authority they are now threatening legal action. Or
b) Send a further copy of my Sold w i Dispute letter of 08/10/12 together with a Telephone Harassment letter. Or
c) Send a Threat-o-Gram Letter Before Action response. (possibly save this one until I get confirmation that they have been officially instructed again by Cap1).

Any thoughts please?

[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.

[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

[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

[Still Waving]

Re: Which Way to Go?

Thanks for the responses folks, appreciated.

[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?

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

[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?

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?

[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?

Thanks vint1954, CCA reminder going off today.

[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 )