Which Way to Go?

[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?

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. 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?

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

[The Tech Clerk]

Re: Which Way to Go?

CrapOne's waffler is standard response when you tell them the account is UE, they always feel the need to argue about it. IMHO I don't think there's a need to respond to that letter, especially since they have told you they are passing the account on to Freddies. I would just wait to hear from Freddies...

Yep! here we go around the Mulberry Bush, usual crap one response.

[Still Waving]

Re: Which Way to Go?

Thanks for the replies folks, much appreciated.

I shall await Fredrickson's opening letter re the Cap1 account.

I shall send Apex a short reiteration regarding the LTSB not being a current account, and demand CCA info, as suggested.

[Still Waving]

Re: Which Way to Go?

Hi - today's update :-

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.

CrapOne's waffler is standard response when you tell them the account is UE, they always feel the need to argue about it. IMHO I don't think there's a need to respond to that letter, especially since they have told you they are passing the account on to Freddies. I would just wait to hear from Freddies...

Letter dated 02/10/12 received today from Fredrickson - "Cap1 have passed this account to us for collection ......As we have been appointed as their agent you should now make sure you contact us and not Cap1. ..... Our client now requires payment in full to avoid further action. ....You must phone us immediately ....."

Should I send Fredricksons the Account Sold whilst in Dispute letter together with a copy of my MPT letter of 07/09/12?

[Deepie]

Re: Which Way to Go?

Hi - today's update :-






Letter dated 02/10/12 received today from Fredrickson - "Cap1 have passed this account to us for collection ......As we have been appointed as their agent you should now make sure you contact us and not Cap1. ..... Our client now requires payment in full to avoid further action. ....You must phone us immediately ....."

Should I send Fredricksons the Account Sold whilst in Dispute letter together with a copy of my MPT letter of 07/09/12?

I would just send the Account Sold whilst in Dispute letter if it were me

[The Tech Clerk]

Re: Which Way to Go?

Cap one merry go round until they give up very soon.

[Still Waving]

Re: Which Way to Go?

I would just send the Account Sold whilst in Dispute letter if it were me

Thanks in 2 deep, will do. Less is more, make them do the legwork.

[Still Waving]

Re: Which Way to Go?

Hi.

I'm probably being a bit thick, but can someone please put me straight (nicely)?

I was about to prepare an Account Sold whilst in Dispute letter, but am confused by the guidance note above the template.

"The following letter would be sent when your account has been sold to another DCA/Agency/Solicitor when the original creditor/lender failed to acknowledge your CCA Request. This template should be sent to whoever is hassling you for the debt, if it happens to be the Original Creditor (OC) then amend the letter by removing the parts that mention returning the account to the OC; but in all cases you need to amend the bold text to show only your account, so if you have a card delete references made to s.77 & 79."

I see no bold text except for the reference number underneath Dear Sirs, and the principle thrust of the letter is the creditor's obligations under s.77-s.79.

This letter is to be about one of my credit card accounts. Am I to delete the reference to s77 -s79 in the first paragraph, and also take out the paragraph and 3 bullet points in the middle of the letter? Alternatively, is this an updated template, so that the guidance highlighted above no longer applies?

Many thanks.

[vint1954]

Re: Which Way to Go?

Hi.

I'm probably being a bit thick, but can someone please put me straight (nicely)?

I was about to prepare an Account Sold whilst in Dispute letter, but am confused by the guidance note above the template.

"The following letter would be sent when your account has been sold to another DCA/Agency/Solicitor when the original creditor/lender failed to acknowledge your CCA Request. This template should be sent to whoever is hassling you for the debt, if it happens to be the Original Creditor (OC) then amend the letter by removing the parts that mention returning the account to the OC; but in all cases you need to amend the bold text to show only your account, so if you have a card delete references made to s.77 & 79."

I see no bold text except for the reference number underneath Dear Sirs, and the principle thrust of the letter is the creditor's obligations under s.77-s.79.

This letter is to be about one of my credit card accounts. Am I to delete the reference to s77 -s79 in the first paragraph, and also take out the paragraph and 3 bullet points in the middle of the letter? Alternatively, is this an updated template, so that the guidance highlighted above no longer applies?

Many thanks.

The reference to s77 - 79 can stay. It covers all options.

[vint1954]

Re: Which Way to Go?

If it's this one you are using: Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

It's good to go. Just enter yoyr account ref, insert the date of the letter they sent to you and thats it.

[Still Waving]

Re: Which Way to Go?

If it's this one you are using: Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

It's good to go. Just enter yoyr account ref, insert the date of the letter they sent to you and thats it.

Yes that's the one I was looking at. Thanks vint1954.

[Still Waving]

Re: Which Way to Go?

Hi. Today's 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
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 19/09/12 from BoS Credit Operations Rosyth (but with a Salford return address) "We have arranged for Robinson Way to collect the outstanding amount."
Letter dated 24/09/12 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."
25/09/12. Voicemail message from Rob-Way - "Contact us." (Plus 2 subsequent unanswered calls.)
26/09/12. Brief letter sent to Rob-Way enclosing copy of BoS letter (cannot produce original T&Cs) and also requesting a cessation of the phone calls.

Two letters received today from Rob-Way:-
First letter dated 03/10/12. “ …...We have removed your phone number from our records. ….. We note the letter issued by BoS. ….confirmed in this letter they will continue with normal collections. We trust this resolves your dispute & request contact …. within 14 days.”
Second letter dated 04/10/12. “NOTE ...IMMEDIATE ACTION REQUIRED … ACT NOW.” No threats of action of any kind.


Ignore both of these and wait until they make some specific threat?