Which Way to Go?

[MrsD]

Re: Which Way to Go?

oh you are so hard!!!

[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.

[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?

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.

[nightwatch]

Re: Which Way to Go?

A letter from Marlin may be next so hold on a while,
Cabot have bought OH lloyds account, which Lloyds have said they cannot supply us with a CCA, so cannot enforce in court,Marlin have phoned 3 times, once leaving a message that it was' Marline' calling and have written to me twice last letter say's they MAY recommend legal action to their client (Cabot) so am now sending the No CCA letter, will wait and see

NW

[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 ..."
11.08.14 Cabot letter asking me to call them. Still no threats.

Update:
28.08.14 Sent Cabot letter confirming no CCA.
04.09.14 Cabot letter (from an un-named Customer Support Consultant) thanking me from bringing the matter to his/her attention. Goes on to say that failure to provide a copy of the agreement merely renders the agreement unenforceable until the agreement can be produced, it does not affect the legality of the debt. Sets out what does and does not constitute 'enforcement', and still recommends contacting to make repayments. - Filed.

[Still Waving]

Re: Which Way to Go?

Hi folks - first of two updates:

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.
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.

Update:
22/08/14 – Arden CM letter - “Idem Servicing has instructed Robinson Way to collect …. If you do not want to be contacted by RW please contact us directly on *****” - Filed
22/09/14 – RobWay introductory letter (sympathetic). - Filed
06/10/14 – Robway letter (another sympathetic). No threats - Filed

[Still Waving]

Re: Which Way to Go?

Second update:

[QUOTE=Still Waving;387623]
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)
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 ........" - Awaiting their next letter.
20/01/14 Mackenzie Hall letter - "FAILURE TO RESPOND - Despite previous correspondence blah blah ..... client unaware of any valid reason .... request payment within 10 days .... WE WANT TO HELP ... please contact us ...."
29/01/14 Sent SWID letter to Mackenzie Hall.
17/02/14 'Final Response' letter from Mackenzie Hall. Summary - " We did no wrong. However Idem have requested we return the account so they can deal with your concerns directly. MH will act no further in this matter."[/QUOTE]

Update:
02/08/14 Arden CM letter - "We would like to speak to you about your account" - Filed
15/08/14 – Arden CM letter - "Idem Servicing has instructed Robinson Way to collect …. If you do not want to be contacted by RW please contact us directly on *****" - Filed
25/09/14 – RobWay introductory letter (sympathetic). - Filed
09/10/14 – Robway letter (another sympathetic). No threats - Filed

[Still Waving]

Re: Which Way to Go?

Hi folks, a quick update -

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.
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.
22/08/14 – Arden CM letter - “Idem Servicing has instructed Robinson Way to collect …. If you do not want to be contacted by RW please contact us directly on *****” - Filed
22/09/14 – RobWay introductory letter (sympathetic). - Filed
06/10/14 – Robway letter (another sympathetic). No threats - Filed

Update:
08/11/14 - RobWay letter - "Despite attempts to contact you the account remains unpaid. If you are having difficulties and need help or advice ..... our trained debt specialists, or organisations that can offer free impartial advice ...... Stepchange, CAB, Nat debtline. .....We can still agree an affordable payment plan .... call us, or deal online, or email ......."

Third letter from Robway, but still no threats, so a little undecided whether to ignore still, or send a SWID letter. Any comments welcomed.

[MrsD]

Re: Which Way to Go?

i would wait again, Robway are diddies

[Still Waving]

Re: Which Way to Go?

i would wait again, Robway are diddies

Thanks MrsD, I was leaning towards waiting until they come on stronger.

[Still Waving]

Re: Which Way to Go?

Hi folks, another quick 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)
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 ........" - Awaiting their next letter.
20/01/14 Mackenzie Hall letter - "FAILURE TO RESPOND - Despite previous correspondence blah blah ..... client unaware of any valid reason .... request payment within 10 days .... WE WANT TO HELP ... please contact us ...."
29/01/14 Sent SWID letter to Mackenzie Hall.
17/02/14 'Final Response' letter from Mackenzie Hall. Summary - " We did no wrong. However Idem have requested we return the account so they can deal with your concerns directly. MH will act no further in this matter."
02/08/14 Arden CM letter - "We would like to speak to you about your account" - Filed
15/08/14 – Arden CM letter - "Idem Servicing has instructed Robinson Way to collect …. If you do not want to be contacted by RW please contact us directly on *****" - Filed
25/09/14 – RobWay introductory letter (sympathetic). - Filed
09/10/14 – Robway letter (another sympathetic). No threats - Filed

Update:
08/11/14 - RobWay letter - "Despite attempts to contact you the account remains unpaid. If you are having difficulties and need help or advice ..... our trained debt specialists, or organisations that can offer free impartial advice ...... Stepchange, CAB, Nat debtline. .....We can still agree an affordable payment plan .... call us, or deal online, or email ......."

This is an identical letter to the one they sent in respect of my other alleged former MBNA debt ( post 369). I shall deal with this one in the same way, ie wait for their next move.

[Still Waving]

Re: Which Way to Go?

Hi folks, a quick update -

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.
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.
22/08/14 – Arden CM letter - “Idem Servicing has instructed Robinson Way to collect …. If you do not want to be contacted by RW please contact us directly on *****” - Filed
22/09/14 – RobWay introductory letter (sympathetic). - Filed
06/10/14 – Robway letter (another sympathetic). No threats - Filed
08/11/14 - RobWay letter - "Despite attempts to contact you the account remains unpaid. If you are having difficulties and need help or advice ..... our trained debt specialists, or organisations that can offer free impartial advice ...... Stepchange, CAB, Nat debtline. .....We can still agree an affordable payment plan .... call us, or deal online, or email ......." - Filed

Update:
31/12/14 - Robway letter - "We have tried to contact you by letter/phone but we have been unable to get in touch with you ....... We want to agree an affordable repayment arrangement with you .... please contact us on ****** ...... We may be able to offer a reduction in the balance ..... you may even be able to pay the reduced balance by instalments you can afford .... call us now ...."

Still no threats, but this is the fourth letter from them since September, and I haven't replied to the previous ones. File or respond now? Hmmm ...?

[MrsD]

Re: Which Way to Go?

file, it sounds like a wee mailshot for the New Year

[Still Waving]

Re: Which Way to Go?

Thanks MrsD.