Which Way to Go?

[Still Waving]

Re: Which Way to Go?

You might not want to communicate with them but there's no harm in letting them believe that you do

Perhaps I should start writing to them more often than they write to me.

[Pixie]

Re: Which Way to Go?

Hi Pixie

It's not that I want to communicate with them. I wish they would fade away, but they just don't get it.

You might not want to communicate with them but there's no harm in letting them believe that you do

[Still Waving]

Re: Which Way to Go?

Thanks Vint1954. I've already drafted a letter which includes a reference to my letter to them on 20/04, and I'll also include reference to the SWID on 15/03. This will help to emphasise that I keep on telling them.

[vint1954]

Re: Which Way to Go?

You could just send a one liner referring them to your SWID letter.

As Pixie says, always best to have the last letter on file.

[Still Waving]

Re: Which Way to Go?

Hi Pixie

It's not that I want to communicate with them. I wish they would fade away, but they just don't get it.

[Pixie]

Re: Which Way to Go?

Freds weren't too hard to see off in my case (but mine was a UE account)

It's really up to you what you do. Sending a letter shows that you're willing to keep communication open.

[Still Waving]

Re: Which Way to Go?

Hi folks, an 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.

02/08/12 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 brief acknowledgement referring to mySWID letter of 28/11/12.
06/12/12 Idem 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.
03/01/13 Sent letter to Arden referring to my letters of 27/11 and 12/12, neither of which has been acknowledged in their subsequent correspondence.
11/01/13 Arden 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.”
17/01/13 sent a letter to Arden referring them to my SWID letter, and incorporating Doorstep Visit threat response.
28/01/13 Received undated letter from Arden, a fairly soft template enclosing I&E form. Ignored.
24/01/13 Arden 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.

04/02/13 Sent 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..."
08/02/13 Idem 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."
12/02/13 I sent Doorstep Threat response letters to Arden/Resolvecall.

Letter ping-pong with Resolvecall, ending with "... we are currently no longer dealing ..."
15/02/13 An 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.
25/02/13 Arden letter (rec'd 01/03) advising that their client Idem Servicing has instructed Freds to collect.
06/03/13 Freds letter - "DO NOT IGNORE. IMMEDIATE PAYMENT REQUIRED. We are authorised .... to secure repayment of the debt."
15/03/13 sent SWID to Freds.
13/03/13 Freds letter (Rec'd 18/03/13) - "To avoid further action, contact within 7 days" As this crossed with my SWID, Filed.
21/03/13 Freds letter - "Account placed on hold". Filed.
26/03/13 Freds 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 ..."

Update.
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”


I'm not sure how to respond to this. I'm thinking that I could either ignore it and see what collection activity follows, or send them something like this “ …. You state that your client has indicated that they have complied with my CCA 1974 request. However I informed them by letter dated xx/xx/xx (a version of the Application Form Rec'd letter) 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 relating to this alleged debt.

Regardless of their communication to you, my position remains unchanged from that set out in my letter to your client of xx/xx/xx, and I consider this alleged debt still in dispute and unenforceable.”

As Freds are only recently on the case, I would want to save the other responses for further down the line, as their letters start to become heavier.

Any comments will be appreciated.

[Pixie]

Re: Which Way to Go?

You could send that or maybe Final Response - UE (CCA Received) - allaboutDEBT UK

[Still Waving]

Re: Which Way to Go?

Hi folks, an 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.

02/08/12 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 brief acknowledgement referring to my SWID letter of 28/11/12.
06/12/12 Idem 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.
03/01/13 Sent letter to Arden referring to my letters of 27/11 and 12/12, neither of which has been acknowledged in their subsequent correspondence.
11/01/13 Arden 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.”
17/01/13 sent a letter to Arden referring them to my SWID letter, and incorporating Doorstep Visit threat response.
28/01/13 Received undated letter from Arden, a fairly soft template enclosing I&E form. Ignored.
24/01/13 Arden 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.

04/02/13 Sent 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..."
08/02/13 Idem 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."
12/02/13 I sent Doorstep Threat response letters to Arden/Resolvecall.

Letter ping-pong with Resolvecall, ending with "... we are currently no longer dealing ..."
15/02/13 An 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.
25/02/13 Arden letter (rec'd 01/03) advising that their client Idem Servicing has instructed Freds to collect.
06/03/13 Freds letter - "DO NOT IGNORE. IMMEDIATE PAYMENT REQUIRED. We are authorised .... to secure repayment of the debt."
15/03/13 sent SWID to Freds.
13/03/13 Freds letter (Rec'd 18/03/13) - "To avoid further action, contact within 7 days" As this crossed with my SWID, Filed.
21/03/13 Freds letter - "Account placed on hold". Filed.
26/03/13 Freds 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 ..."

I need now to send some response to these letters, but am a little unsure as to what. Advising them that will deal in writing only is an obvious one but in itself is not enough. I am therefore thinking that I should now send them another Application Form Received letter, similar to the one I sent Arden on 04/02/13.

Any comments please?

[Still Waving]

Re: Which Way to Go?

Hi all - a third update:-
Quote:
[QUOTE=Posted by NotDrowningButWaving;298077]

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.
21/01/13 Arden 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 - "As we have not been able to contact you ... necessary to appoint Resolvecall to attend your property ...." - I feel a 'Doorstep Visit' letter coming on.
12/03/13 Arden letter - "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.[/QUOTE]

Update:
14/03/13 Arden letter (Complaints handler/conciliator) - ".... 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 - "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 I think I will file this too, and await their next letter.

Comments please? Thanks.

[Still Waving]

Re: Which Way to Go?

Hi folks - another 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.

02/08/12 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 brief acknowledgement referring to my SWID letter of 28/11/12.
06/12/12 Idem 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.
03/01/13 Sent letter to Arden referring to my letters of 27/11 and 12/12, neither of which has been acknowledged in their subsequent correspondence.
11/01/13 Arden 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.”
17/01/13 sent a letter to Arden referring them to my SWID letter, and incorporating Doorstep Visit threat response.
28/01/13 Received undated letter from Arden, a fairly soft template enclosing I&E form. Ignored.
24/01/13 Arden 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.

04/02/13 Sent 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..."
08/02/13 Idem 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."
12/02/13 I sent Doorstep Threat response letters to Arden/Resolvecall.

Letter ping-pong with Resolvecall, ending with "... we are currently no longer dealing ..."
15/02/13 An 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.
25/02/13 Arden letter (rec'd 01/03) advising that their client Idem Servicing has instructed Freds to collect.
06/03/13 Freds letter - "DO NOT IGNORE. IMMEDIATE PAYMENT REQUIRED. We are authorised .... to secure repayment of the debt."
15/03/13 sent SWID to Freds.

13/03/13 Freds letter (Rec'd 18/03/13) - "To avoid further action, contact within 7 days" As this crossed with my SWID, Filed.
21/03/13 Freds letter - "Account placed on hold". Filed.
26/03/13 Freds letter - "Client response indicates that debt details are correct ..... please telephone us within 7 days"

I think I should ignore this and await their next letter.

[The Tech Clerk]

Re: Which Way to Go?

waste of time = all they send out is repatition letters already received, see what they send next if wetcloths can press the right button which is not dribble, save your money!

[Still Waving]

Re: Which Way to Go?

Thanks for all the replies folks.

As I want to keep Wetcloths on the case for as long as possible, I think I will send them a letter along the lines of my initial post, quoting the dates of recent correspondence but not the content, and let them do the looking up if they are so inclined. If they don't bother, then my reply to their next letter will point them back there again.

[Pixie]

Re: Which Way to Go?

This is from my diary showing my dealings with Wetcloths and Nelson Guest

2012
January 'Notice of Debt Collection' from Westcot
January Account Sold whilst in Dispute letter sent to Westcot
January Letter from Westcot - I need to request a cca from Tesco ignore
March Letter from Westcot saying that their client sent all the required documents in 2010 ignore
March Letter from Nelson Guest offering a discount to settle my debt and avoid further recovery action. ignore
April Another copy of the letter saying that their client sent all the documents in Oct 2010 ignore as before
June Letter from Nelson Guest threatening further recovery action unless I pay, or make arrangements to pay, within 10 days ignore
June Doorstep Collection letter from Westcot
June Threat of Doorstep Visit template (amended to remove telephone harassment part) sent to Westcot

And that was the last I heard from them...almost a year ago.

[The Tech Clerk]

Re: Which Way to Go?

As I reported on one of my threads, leter sent to Nelson Guest & Partners (no reply) actual letter referred to by Wetcloths, so next desk no doubt!