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  • Re: Which Way to Go?

    Appreciate your comments SH.

    Comment


    • Re: Which Way to Go?

      Hi all

      Originally posted by NotDrowningButWaving View Post
      QUOTE].
      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... you can avoid court proceedings ... Payment and proposals to Robway. Remember, Court action may increase the amount you owe ….”
      08/01/13 sent Letter Previously Confirming No CCA to Horwich Farrelly.

      19/01/13 and 24/01/13 letters rec'd from BoS and Wetcloths “we've transferred your Bank of Scotland credit card to Wetcloths ….”
      30/01/13 sent SWID to Wetcloths.
      12/02/13 Wetcloths letter acknowledging query and suspending collections activity while under investigation. Filed.
      09/03/13 Wetcloths - FINAL NOTICE – We have not received a reply to our previous correspondence … threat, threat ….” WTF?? Silly sods.
      Update -
      19/03/13 Nelson Guest Solicitors letter(return address Huddersfield not Sidcup) - "Offer to reduce the amount payable ...limited period .... contact Wetcloths by ...... or further action will continue ...." Filed.
      29/03/13 Nelson Guest letter (return address Huddersfield not Sidcup) - "Whilst Wetcloths still willing to consider realistic options ....." (10 day deadline or further recovery action will be taken).

      I think I should now write to Wetcloths referring to my SWID and their reply of 12/02/13, and since that issue has not been addressed I do not understand why I have been sent their letter of 09/03/13 or the two letters from Nelson Guest.

      Comments welcomed. Thanks

      Comment


      • Re: Which Way to Go?

        Originally posted by NotDrowningButWaving View Post
        Hi all


        Update -
        19/03/13 Nelson Guest Solicitors letter(return address Huddersfield not Sidcup) - "Offer to reduce the amount payable ...limited period .... contact Wetcloths by ...... or further action will continue ...." Filed.
        29/03/13 Nelson Guest letter (return address Huddersfield not Sidcup) - "Whilst Wetcloths still willing to consider realistic options ....." (10 day deadline or further recovery action will be taken).

        I think I should now write to Wetcloths referring to my SWID and their reply of 12/02/13, and since that issue has not been addressed I do not understand why I have been sent their letter of 09/03/13 or the two letters from Nelson Guest.

        Comments welcomed. Thanks
        Personally I would just ignore but you could send SWID to Nelson Guest because the Wetcloths employee on the next desk might not have told them that it's in dispute.
        Let your smile change the world but don't let the world change your smile


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Re: Which Way to Go?

          Originally posted by NotDrowningButWaving View Post
          I think I should now write to Wetcloths referring to my SWID and their reply of 12/02/13
          That would be the obvious thing to do. If this ever did end up in a court, it would be useful to be able to show that you have always done the right thing, even if that right thing is invariably ignored.

          Originally posted by NotDrowningButWaving View Post
          I do not understand why I have been sent their letter of 09/03/13 or the two letters from Nelson Guest.

          Comments welcomed. Thanks
          Because you are communicating with a machine, and not human beings. What is spewed out will rarely be coherent, especially if you have had the temerity to actually send them a letter since the last threat was made. The Dalek is programmed to mass mail, and has no concept whatsoever of circumstances.

          SH

          Comment


          • 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!
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • 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.
              Let your smile change the world but don't let the world change your smile


              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • 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.

                Comment


                • 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!
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • Re: Which Way to Go?

                    Hi folks - another update:-
                    Originally posted by NotDrowningButWaving View Post

                    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.

                    Comment


                    • 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.
                      Last edited by Still Waving; 10 April 2013, 18:18.

                      Comment


                      • Re: Which Way to Go?

                        Hi folks, an update:-

                        Originally posted by NotDrowningButWaving View Post

                        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?

                        Comment


                        • Re: Which Way to Go?

                          You could send that or maybe Final Response - UE (CCA Received) - allaboutDEBT UK
                          Let your smile change the world but don't let the world change your smile


                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • Re: Which Way to Go?

                            Hi folks, an update:

                            Originally posted by NotDrowningButWaving View Post

                            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.

                            Comment


                            • 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.
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                              Comment


                              • 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.

                                Comment

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