Which Way to Go?

[MrsD]

Re: Which Way to Go?

to be on the safe side, I'd send a one liner referring them to your missing prescribed terms

just refer them to the letter of 23rd nov

better keeping a nice neat papertrail

[Still Waving]

Re: Which Way to Go?

Thanks MrsD, will do.

[Still Waving]

Re: Which Way to Go?

Hi all - second update

Originally Posted by NotDrowningButWaving
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 2012
Last DMP payment May 2012.

02/08/12 CCA request sent.
No response until 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 ...”

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
12/11/12 Idem statement of account Jan to Nov 2012 “In compliance with CCA 1974.” Ignored
22/11/12 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”
28/11/12 sent 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.”


Should I send a short letter referring them to my S-w-i-D letter of 28/11/12, or send a Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat

Thanks

[Pixie]

Re: Which Way to Go?

It seems like the letters have crossed in the post.

I'd send a one-liner thanking them for their letter of 3/12/12 and asking them to refer to your letter dated 28/11/12

[Still Waving]

Re: Which Way to Go?

It seems like the letters have crossed in the post.

Yes, that was my thought about the other one too.

I'd send a one-liner thanking them for their letter of 3/12/12 and asking them to refer to your letter dated 28/11/12

Thanks Pixie, that's what I'll do.

[nanna58]

Re: Which Way to Go?

watching with interest NDBW i also had a LBA fromfreds yesteday and am sending the template i am including a harassment letter also my new phone number , there is a harasment letter and site phone number on my diary if you would like it xx

nanna

[Still Waving]

Re: Which Way to Go?

Thanks nanna58, I will take a look.

[Still Waving]

Re: Which Way to Go?

Hi all – third update.
[QUOTE=NotDrowningButWaving;236821]

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." Ignored

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. ...”


Ignore? Or is there a suitable “pee -off and stop pestering me” template?

[daisy]

Re: Which Way to Go?

I have also been dealing with Rob Way for some years now and have not found a way of stopping the endless churned out letters, but if you keep them all and take a closer look, you will notice the order they are sent in and know which one will be arriving next!
Just noticed that you don't mention the letter asking "Where have we gone wrong? I'm sure it will be along soon, otherwise you won't have the full set
Oh and by the way, when you receive the letter that states "We will not continue to engage in repetitive communication" don't get excited, as they still don't go away!

[ScabHunter]

Re: Which Way to Go?

Ignore? Or is there a suitable “pee -off and stop pestering me” template?

No need to waste time or postage on this one. They are only making silly offers and mailing to multiple recipients, of which they know a small percentage will bite and genuinely think they are getting a good deal.

We know better, so wait for the next one.

SH

[Still Waving]

Re: Which Way to Go?

No need to waste time or postage on this one.

SH

Thanks, I'll file it with the other unanswered ones.

[Still Waving]

Re: Which Way to Go?

Just noticed that you don't mention the letter asking "Where have we gone wrong? I'm sure it will be along soon, otherwise you won't have the full set
Oh and by the way, when you receive the letter that states "We will not continue to engage in repetitive communication" don't get excited, as they still don't go away!

They should change the wording of their letter - "Unpaid debts RobWay don't just go away."

[daisy]

Re: Which Way to Go?

Good one!

[Still Waving]

Re: Which Way to Go?

Hi all, an update.

Originally Posted by NotDrowningButWaving
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 2012
Last DMP payment May 2012.

02/08/12 CCA request sent.
No response until 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
12/11/12 Idem statement of account Jan to Nov 2012 “In compliance with CCA 1974.”Ignored
22/11/12 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”
28/11/12 sent 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.”

12/12/12 sent Arden a brief acknowledgement and referring to my letter of 28/11/12.
06/12/12 Idem letter (rec'd 14/12/12) enclosing response to CCA request of 02/08/12.
I will send this to Niddy for an opinion.

[vint1954]

Re: Which Way to Go?

Indeed, send off to Niddy. He is quite busy at the moment, so do be patient he will respond