Re: Which Way to Go?
Hi folks, quick update.
Update:
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 limited period, contact us by 7/1/14 to agree suitable settlement or offer will be withdrawn ....."
As their letter crossed with the SWID I shall file and await their response to mine.
Hi folks, quick update.
Originally posted by Still Waving
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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.
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."
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.
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 ....."
As their letter crossed with the SWID I shall file and await their response to mine.
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