Which Way to Go?

[MrsD]

Re: Which Way to Go?

[Still Waving]

Re: Which Way to Go?

...

[nanna58]

Re: Which Way to Go?

My Cap 1 letter also says "we do not keep original agreements only siggys" i have sent off "refusal to accept UE status" wish i had your foresight and included the we do not keep bit xxx never mind next time

[Still Waving]

Re: Which Way to Go?

Hi all, another update.

Credit card 4 Mint/RBS. – Taken out during 90's (I think)
Balance approx. £8,750
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender


02/08/12 CCA 1974 request sent to RBS
15/08/12 Reply received from Mint re CCA request. They have returned my postal order, and the gist of their letter is"I am unable to deal with your request due to, (ticked as appropriate)
s78 request received, however this has been returned to you as we require your signature before we can proceed. Please sign your request for information and return ....."
29/08/12 sent CCA Request - Demand of Signature by Creditor letter to Mint/RBS.
05/09/12 RBS letter- "THIS IS A FINAL DEMAND FOR PAYMENT - We currently require (the full amount) from you. If we do not receive a payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage ........ discuss a repayment programme"
15/09/12 sent RBS a brief letter reminding that CCA 1974 request is outstanding.
29/10/12 RBS letter - “Details have been passed to Moorcroft to act as collection agent.” - Ignored.
24/11/12 Moorcroft letter - “IMPORTANT INFORMATION – POSSIBLE FURTHER ACTION. …. please send your payment proposal ….. if not … recommend possible further debt recovery action. Contact us now …. in certain circumstances we may be able to offer a substantial discount ...” - Ignored.
11/12/12 Moorcroft letter - “Monthly Instalment Offer …... An illustration of the kind of figure ...£120 per month … clear balance in 73 months … failure to respond ... recommend taking further debt recovery action ...Do not ignore this letter.”
18/12/12 Sent Account Sold w i Dispute letter to Moorcroft

27/12/12 letter from Midas Credit Services - “WARNING OF POSSIBLE FURTHER ACTION....We are part of the Moorcroft Group ….. As no agreement has been reached we have been asked to review your account to consider the steps which may be taken ….. options include recommending one of the following: Continue our attempts to contact you by letter and phone; …. arrange to call at your home address; … referral for consideration by our Litigation Selection Team. To prevent … you must contact Moorcroft ….Failure to contact Moorcroft ….”

Considering that I sent a Sold/Dispute letter to Moorcroft on 18/12/12, I think I shall just file this one and await a response on Moorcroft letterheaded paper.

[MrsD]

Re: Which Way to Go?

or to be on the safe side and to keep a lovely papertrail, a wee one liner referring them to the letter sent to Moorcroft...........

[Still Waving]

Re: Which Way to Go?

Will do, MrsD.

[MrsD]

Re: Which Way to Go?

[Still Waving]

Re: Which Way to Go?

Hi all - an update.
[QUOTE=NotDrowningButWaving;268338].

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... at this stage you can avoid court proceedings by taking the following action within 10 days. Either pay in full, or pay what you can and agree an affordable arrangement. Payment and proposals to Robway. Remember, Court action may increase the amount you owe ….” Oh, and I can pay by credit card.


Given that I have the BOS letter saying “As we have been unable to provide the original terms & conditions we will not seek to enforce the agreement as defined by the case of McGuffick v RBS”, I am considering the appropriate response to HF. There seem to be a number of possibilities, and I'm thinking perhaps Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA (slightly tweaked)


Any comments please?

[MrsD]

Re: Which Way to Go?

that's what I'd do and in fact have done with a couple of these bampoting misinformed solicitors

[Still Waving]

Re: Which Way to Go?

[QUOTE=NotDrowningButWaving;275447]

.
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."


BoS letter 30/10/12 “We've transferred your BoS Credit Card to RobWay. Please contact RobWay ...”

Incidentally, is there any significance in the different wording of the two letters from BOS? Both sent after the date when they admitted they cannot find an original agreement.

[MrsD]

Re: Which Way to Go?

nope not that I'd worry about

chill and send off the letter

[Still Waving]

Re: Which Way to Go?

I just wondered if they meant that the account had been assigned/sold to RobWay.

[MrsD]

Re: Which Way to Go?

if they'd assigned to Robway, you would have had a NOA

never actually known Robway to buy a debt, they tend to be someone else's bitch mostly

[Still Waving]

Re: Which Way to Go?

Hi all, an update.

Credit card 6 Capital 1. – Taken out 2002
Balance approx. £440
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender


02/08/12CCA request sent.17/08/12Cap1 sent Recon agreement. Niddy said - the terms are a recon but not relevant to the product I signed up for.07/09/12Sent 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. Letter dated 02/10/12 received 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 ....." 08/10/12 Account Sold whilst in Dispute (including para re phone harassment) letter sent.Fredrickson letter 11/10/12 - “We would be grateful if you will note that we are no longer instructed to act in connection with this matter. We have passed your letter to our clients and would be grateful if you will address all further correspondence with them direct.”
Since 22/11/12 there were several calls from Freds, some voicemail and some missed. None were responded to.
04/12/12 Freds letter “LETTER BEFORE ACTION … legal action is now being considered. Should it be necessary to issue proceedings in the County Court further additional fees will be added to the balance outstanding (fees and new balance set out)"
08/12/12 Threat-O-Gram LBA letter sent.
17/12/12 Freds letter - “We have referred this matter to our client ….”
19/12/12 Freds letter - “We have provided details of your dispute to our client, and have now recived a response from them which indicates that the debt details are correct... Please phone us ...”

03.01.13 sent Freds the following letter.
“Thank you for your letter dated 19 December 2012, in which you have asked me to telephone you. Please be aware that I will only communicate with you in writing.

You state that your client has indicated that the alleged debt details are correct. However I informed them by letter dated 7 September 2012 that they had failed to comply with my request under the Consumer Credit Act 1974 to supply a true copy of the executed credit agreement.

Your clients have stated in a letter to me dated 25 September 2012 that they do not retain the originals of signed agreements which are returned to them. They further state that they will not enter into any further correspondence regarding the provision of copy agreements.

We appear therefore to be at an impasse over this disputed matter. Furthermore, I note from your letter to me dated 11 October 2012 that you were no longer instructed to act in connection with this matter. I am not clear therefore why you have begun writing to me again. “

Have now received the following letter dated and postmarked 31/12/12 from Bryan Carter Solicitors. (received after sending above letter to Freds, but sent by BC earlier).

“ Our Client: Capital One: Balance: £445.00
We write with regard to this outstanding debt.
Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

Should proceedings be issued, additional charges will be added to the existing balance as shown below.

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.

Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately.

This is a serious matter and you may wish to seek independent legal advice.”


I have read somewhere that these a very slippery customers, so I would very much appreciate some suggestions as to the best response to this letter. Many thanks.

[MrsD]

Re: Which Way to Go?

send a sold in dispute to BC, they are just another crowd of muppets.