Which Way to Go?

[nightwatch]

Re: Which Way to Go?

It must be the time of year when they [dcas] are all trying to get us to make a donation to the Christmas do, I have had a couple of begging letters as well, I recomended Aldi for cheap fizz and an unfrozen fish finger with ketchup, instead of sushi, along with a gift of a lemon squeezer to go with the lemon of account they now own x

[Still Waving]

Re: Which Way to Go?

Hi all. Another update.

Credit card 6 Capital 1. – Taken out 2002
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.” Ishall 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 02/10/12received 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 ....."
08/10/12Account 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 were several calls from Freds, some voicemail and some missed. None were responded to.
04/12/12 Freds letter “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)"
08/12/12Threat-O-Gram LBA letter sent.
17/12/12 Freds letter - “We have referred this matter to our client ….”
19/12/12Freds letter - “We have provided details of your dispute to our client, and have now recived a response from them which indicates that the debt details are correct... Please phone us ...”
03.01.13letter to Freds .
“Thank you for your letter dated 19 December 2012, in which you have asked me to telephone you. Please be aware that I will only communicate with you in writing.
You state that your client has indicated that the alleged debt details are correct. However I informed them by letter dated 7 September 2012 that they had failed to comply with my request under the Consumer Credit Act 1974 to supply a true copy of the executed credit agreement.
Your clients have stated in a letter to me dated 25 September 2012 that they do not retain the originals of signed agreements which are returned to them. They further state that they will not enter into any further correspondence regarding the provision of copy agreements.
We appear therefore to be at an impasse over this disputed matter. Furthermore, I note from your letter to me dated 11 October 2012 that you were no longer instructed to act in connection with this matter. I am not clear therefore why you have begun writing to me again. “
Subsequent letter dated and postmarked 31/12/12from Bryan Carter Solicitors.
“ Our Client: Capital One: Balance: £445.00
We write with regard to this outstanding debt.
Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.
Should proceedings be issued, additional charges will be added to the existing balance as shown below.
If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.
Before the account is referred to us to litigate you still have an opportunity to contact FredricksonInternational Ltd with your payment proposals. In order to avoid further action you should telephone them immediately.
This is a serious matter and you may wish to seek independent legal advice.”
09/01/13 Sold w i Dispute letter to Bryan Carter.
10/01/13 received letter dated 07/01/13 from Freds. (Precis)- “Re your letter 03/01/13 – We were no longer instructed, now we are …. client advises CCA 74 request complied with in their letter of 17/08/12 … trust this clarifies .. . look forward to payment proposals by 28/01/13 … collection activity may resume”
A few voicemail messages have been left by Freds.
25/01/13 sent letter to Freds enclosing a copy of my MPT letter to Cap1, and also included another telephone harassment response.
26/01/13 rec'd Freds letter dated 22/01/13 referring to Bryan Carter's letter, and also offering the op for a F&F.
30/01/13 letter to Freds enclosing copy of the SWID which was sent to BC.
01/02/13 Freds letter - Account on hold while your comm referred to Cap1.
06/02/13 Freds letter enclosing a copy of Cap1's earlier letter replying to my MPT letter, reiterating that they had complied with CCA request and account is enforceable. Freds giving to 26/02 for my payment proposals.
11/02/13 Cap1 letter - "No reason to change position as set out in final response ..... we have already responded to the points raised in your letter ..... we will not enter into any further correspondence regarding provision of copy agreements."
02/05/13 Cap1 letter - “Your a/c has moved .... no longer being managed (by Freds) .... payments direct to Cap1.”

Update:

02/07/13 Two letters in same envelope - 1st purporting to be from Cap1 advising that account Sold to Lowell Portfolio 1, the second an introductory letter from LP1. (RTS as not sent to address for correspondence.)
01/08/13 Lowell Financial letter - "We want to help you clear your account ........" - Very nice, all donations gratefully received. (RTS as above)
16/08/13 Lowell Financial letter - "We'd like to help you free up your finances .....Pay 75% of balance as f&f settlement ...."
27/08/13 sent SWID letter to Lowell Financial.
02/09/13 Lowell Financial letter - "We have written to you several times .... we will pass your account on to Red Debt Collection Services (part of Lowells) ..."- Ignored.
05/09/13 Lowell Portfolio1 letter - "Contacting Cap1 and will advise their response ... also requesting copy of credit agreeement ..." - Filed
06/09/13 Lowell Portfolio1 letter -"We have requested a copy of your credit agreement ...." - Filed.
16/09/13 Lowell Portfolio1 letter - "Cap1 are trying to retrieve the agreement from their archive ...." - Filed.
23/09/13 Lowell Portfolio1 letter - "Cap1 still trying to retrieve agreement form their archives ....." - Filed.
18/10/13 Lowell Portfolio1 letter - "Cap1 have advised document no longer available due to length of time since account was opened ...... at this time we have closed file and will not make further contact unless the copy of the agreement is received ....." - Filed.
23/10/13 Lowell Portfolio1 letter - "We enclose copy of your original credit agreement ..... also copy statements ...... look forward to your payment proposals ..." (What they sent was a further copy of what Cap1 sent over a year ago [already deemed UE by Niddy] except that they failed to photocopy the reverse of each page.)
04/11/13 Lowell Financial letter - "Despite previous correspondence we have not received payment or valid reason for non-payment ...... failure to respond may result in further action ...." - Filed.
11/11/13 Lowell Financial letter - " .... unless we receive payment/proposals within 5 days ... instruct our solicitors to look to begin legal action ..... (consequences) .... alternatively may instruct doorstep agent .... "
18/11/13 sent MPT letter to Lowell Financial, also pointing out that their letter of 18/10/13 (credit agreement not available) is a more accurate reflection, and also that Cap1 stated in writing to me that they do not hold the original of a signed agreement.
18/11/13 Red Debt Collections letter, threatening possible legal action and possible consequences (CCJ, and if still not paid a CO or deductions from earnings, or asking court for a bailiff to remove goods from house).
22/11/13 letter to Red Debt suggesting they refer back to Lowell re my letter dated 18/11/13.
29/11/13 Lowell Portfolio1 letter, referring to my recent letter and apologising for delay - "we are looking in to your enquiry ..... account on hold until we are able to respond fully ...."

I am expecting that their next letter will be on similar lines to that received by GlennBaker here (Post #7) http://forums.all-about-debt.co.uk/s...l=7#post354837

[Still Waving]

Re: Which Way to Go?

Just updating this one:

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.

Update: 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.

[SaltnVinegar]

Re: Which Way to Go?

Just updating this one:

Update: 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.

Firstsource solutions are a one man and his dog operation - you should see them off easily enough with a SWID letter.

[Deepie]

Re: Which Way to Go?

Getting desperate now

[SaltnVinegar]

Re: Which Way to Go?

Getting desperate now

Must be if they are using that lot!

[Still Waving]

Re: Which Way to Go?

Firstsource solutions are a one man and his dog operation - you should see them off easily enough with a SWID letter.

Thanks S'n'V - if ever they do write to me, that's what they will get. As I recognise their number their calls don't get picked up, so no real bother atm.

[vint1954]

Re: Which Way to Go?

For LTSB I would just send them a one liner referring Westcot to your last letter to Moorcroft. Keep them working

[Still Waving]

Re: Which Way to Go?

For LTSB I would just send them a one liner referring Westcot to your last letter to Moorcroft. Keep them working

Thanks vint1954 - Sounds like a plan.

[Still Waving]

Re: Which Way to Go?

Hi all. 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


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 ......"

13/12/13 Voicemail message from Regal CC asking me to call them. I have no intention of doing that, and since RBS have not notified me regarding Regal I think I shall await further developments initially.

Any comments welcomed as ever.

[vint1954]

Re: Which Way to Go?

Just wait for their next letter then SWID letter

[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.”

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.”

Update:

06/07/13 Letter to Freds stating that I had made my position clear in my previous letter, and the alleged debt remains in dispute.
12/11/13 Idem sent annual statement of account (no movement). - Filed.
07/12/13 Arden letter - "Due to non-payment Idem has instructed Mackenzie Hall ..... you will be contacted by them shortly .... If you do not wish MH to be instructed contact us directly on ******** within 5 days of the date of this letter (received 16/12/13) ..."

[Never-In-Doubt]

Re: Which Way to Go?

Wait for them to write then update us

[Still Waving]

Re: Which Way to Go?

Hi Folks, an 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 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 ...." 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.

Update:

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."

Next week I shall send them either the response suggested by vint1954 at post #308 http://forums.all-about-debt.co.uk/s...l=1#post359523 or a SWID as they haven't had one of those yet. Actually, probably a SWID this time, and the other response when they come back again.

[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.”

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.”
06/07/13 Letter to Freds stating that I had made my position clear in my previous letter, and the alleged debt remains in dispute.
12/11/13 Idem sent annual statement of account (no movement). - Filed.
07/12/13 Arden letter - "Due to non-payment Idem has instructed Mackenzie Hall ..... you will be contacted by them shortly .... If you do not wish MH to be instructed contact us directly on ******** within 5 days of the date of this letter ...." (received 16/12/13)

Update:

19/12/13 Mackenzie Hall letter (rec'd 27/12/13) - envelope marked URGENT - ".....we have been instructed to act on behalf of Idem to recover the above noted o/s balance. We are unaware of any valid/legitimate reason for non-payment .... We want to work with you to reach a mutually agreeable solution. Please arrange for payment to be made to this office within the next 7 days. (LOL!) If this is not possible please call us on ******* promptly, where our fully trained advisers will discuss alternative and affordable options ........"

Obviously not going to call them, so I will await their next letter, then reply with a SWID.