Which Way to Go?

[vint1954]

Re: Which Way to Go?

Sit tight on the second one to see what Fredrickson send.

[Still Waving]

Re: Which Way to Go?

Hi. Second update of the day:-

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

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

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

Second letter dated 27/09/12 – Account has been referred to Fredrickson International. I shall do nothing on this one until I hear from Fredrickson in writing. So far they have attempted to contact me by phone twice in the past two days.

[vint1954]

Re: Which Way to Go?

Hi. Two updates today. First update:-



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).

3 letters received from Apex on 1/10/12:-
First dated 26/09/12 “Disappointed you have failed to reach any agreement with us...” Ignoring this as it crossed with my letter.
Second dated 27/09/12 “Sorry to learn you have been dissatisfied with the service we have provided …. we will be conducting a thorough investigation into your concerns …..”
Third 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.”

They go on to say that they have referred to their clients for the statements of account, and have placed the account on hold until they can forward these to me.

This is not a current account, I had a separate current account where my salary was paid in, and my regular SO's and DD's were paid out. I am thinking of writing to Apex again to reiterate that this is not a current account. As I see it either LloydsTSB have lost sight of the nature of the a/c, and that this was originally a TSB Moneyplan account, as it is so old and they had discontinued using the name Moneyplan after taking over TSB, OR they are deliberately attempting to mislead by now referring to it as a current account. I know that there was some form of application/agreement signed, and I had a copy of it for many years, not sure if I still have.

Any thoughts please?

Just send a short letter back, stating that this is definitely not a current account and therefore having sought advice, this account falls under CCA 1974. Just demand that they respond to your CCA request without further delay.

Enclose a copy of your last letter stating that it was not a current account.

[Still Waving]

Re: Which Way to Go?

Hi. Two updates today. First update:-

Bank overdraft account LLoydsTSB – originally TSB Moneyplan a/c opened approx early 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 Moneyplan (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 12/9/12 From 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."

I'm thinking I should now send the standard CCA request template to Apex, at the same time pointing out that this is not a current account.

Any thoughts on this please? Many thanks.

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).

3 letters received from Apex on 1/10/12:-
First dated 26/09/12 “Disappointed you have failed to reach any agreement with us...” Ignoring this as it crossed with my letter.
Second dated 27/09/12 “Sorry to learn you have been dissatisfied with the service we have provided …. we will be conducting a thorough investigation into your concerns …..”
Third 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.”

They go on to say that they have referred to their clients for the statements of account, and have placed the account on hold until they can forward these to me.

This is not a current account, I had a separate current account where my salary was paid in, and my regular SO's and DD's were paid out. I am thinking of writing to Apex again to reiterate that this is not a current account. As I see it either LloydsTSB have lost sight of the nature of the a/c, and that this was originally a TSB Moneyplan account, as it is so old and they had discontinued using the name Moneyplan after taking over TSB, OR they are deliberately attempting to mislead by now referring to it as a current account. I know that there was some form of application/agreement signed, and I had a copy of it for many years, not sure if I still have.

Any thoughts please?

[vint1954]

Re: Which Way to Go?

Thanks for the replies folks.

Regarding Bank of Scotland -



I will send those tomorrow.


Regarding LloydsTSB -



I will send those tomorrow too.

(Recorded delivery of course).

Well done. Keep the receipts.

[Still Waving]

Re: Which Way to Go?

Thanks for the replies folks.

Regarding Bank of Scotland -

As Robway are collecting on behalf of the OC, just send them a one liner, enclosing a coby of BOS letter stating they wont enforce.

Also, send the telephone harrassment letter.

I will send those tomorrow.


Regarding LloydsTSB -

Indeed, if it is revolving credit then send the standard CCA request letter, not the overdraft one.

Also, send the telephone harrassment letter.

I will send those tomorrow too.

(Recorded delivery of course).

[vint1954]

Re: Which Way to Go?

Hi - Another update.



This is not really an overdraft account, it was a TSB Moneyplan (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 12/9/12 From 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."

I'm thinking I should now send the standard CCA request template to Apex, at the same time pointing out that this is not a current account.

Any thoughts on this please? Many thanks.

Indeed, if it is revolving credit then send the standard CCA request letter, not the overdraft one.

Also, send the telephone harrassment letter.

[vint1954]

Re: Which Way to Go?

Hi - an update.

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."

Any suggestions as to how I should respond to Rob-Way? A Template letter, or ignore for the time being?

Many thanks

As Robway are collecting on behalf of the OC, just send them a one liner, enclosing a coby of BOS letter stating they wont enforce.

Also, send the telephone harrassment letter.

[SXGuy]

Re: Which Way to Go?

Hi - an update.

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."

Any suggestions as to how I should respond to Rob-Way? A Template letter, or ignore for the time being?

Many thanks

Send rob way account sold whilst in dispute and include a copy of the letter confirming they cant enforce the debt.

[Still Waving]

Re: Which Way to Go?

Hi - Another update.

Bank overdraft account LLoydsTSB – originally TSB Moneyplan a/c opened approx early 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 Moneyplan (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 12/9/12 From 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."

I'm thinking I should now send the standard CCA request template to Apex, at the same time pointing out that this is not a current account.

Any thoughts on this please? Many thanks.

[Still Waving]

Re: Which Way to Go?

Hi - 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 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."

Any suggestions as to how I should respond to Rob-Way? A Template letter, or ignore for the time being?

Many thanks

[Still Waving]

Re: Which Way to Go?

Send to Niddy for a look----> agreements@all-about-debt.co.uk

Thanks in 2 deep - sending to Niddy now.

[Still Waving]

Re: Which Way to Go?

I am confused how you can recieve a letter dated 22/05/12 in response to a letter dated 28/0812.

Makes you wonder, doesn't it, me too, and everybody else probably.

[The Tech Clerk]

Re: Which Way to Go?

I am confused how you can recieve a letter dated 22/05/12 in response to a letter dated 28/0812.

Not HSBC is it? sounds familiar.

[oscar]

Re: Which Way to Go?

I am confused how you can recieve a letter dated 22/05/12 in response to a letter dated 28/0812.