Which Way to Go?

[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?

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.

[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?

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?

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

I don't think I'd go that far...though it would certainly confuse them

[Still Waving]

Re: Which Way to Go?

Hi all, recent development on this one:-

Credit card 5 Saga (AIB Bank). – Taken out during 00's prior to 2007 I believe

Balance approx. £1,650
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender

02/08/12 sent CCA request to AIB Bank.
No response to request, and apart from a recent letter asking me to contact them, no other demands until -
26/11/12 letter from AIB Bank - "As we have not received payment proposals for your debt, we are transferring the account to debt collectors who will call upon you personally, if you do not begin repayments following receipt of this letter. The matter warrants your immediate attention."

Update
08/12/12 sent slightly amended CCA Reminder - Unenforceability Threat letter.


After some sporadic letter ping-pong they have now sent copy documents in response to CCA request. I will send to Niddy for assessment.

[Still Waving]

Re: Which Way to Go?

Hi folks, 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 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..."
08/02/13Idem 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 ..."
15/02/13An 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 and this remains in dispute as per previous correspondence.
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 ..."
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”

Update:
14/05/13 sent Freds a letter saying that regardless of what their client has advised, I still consider this in dispute as set out in my previous 2 letters.
23/05/13 Freds letter – Account on hold while they refer back to their client for instructions.
31/05/13 Freds letter - “Client confirms they wrote on xx/xx/13 advising that they had fully complied with CCA request and agreement remains enforceable. Payment proposals by 21/06 or collection may resume.”

I am now considering how to respond - possibly with http://www.all-about-debt.co.uk/inde...e-cca-received
or http://www.all-about-debt.co.uk/inde...cept-ue-status,
or alternatively ignore and see what collection activity comes next.

Comments welcomed as always.

[Pixie]

Re: Which Way to Go?

I would go with the refusal to accept UE letter

[Still Waving]

Re: Which Way to Go?

Hi all. Another 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.” Ishall 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 02/10/12received 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 ....."
08/10/12Account 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)"
08/12/12Threat-O-Gram LBA letter sent.
17/12/12 Freds letter - “We have referred this matter to our client ….”
19/12/12Freds 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 ...”
03.01.13letter to Freds .
“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. “
Subsequent letter dated and postmarked 31/12/12from Bryan Carter Solicitors.
“ 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 FredricksonInternational 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.”
09/01/13 Sold w i Dispute letter to Bryan Carter.
10/01/13 received letter dated 07/01/13 from Freds. (Precis)- “Re your letter 03/01/13 – We were no longer instructed, now we are …. client advises CCA 74 request complied with in their letter of 17/08/12 … trust this clarifies .. . look forward to payment proposals by 28/01/13 … collection activity may resume”
A few voicemail messages have been left by Freds.
25/01/13 sent letter to Freds enclosing a copy of my MPT letter to Cap1, and also included another telephone harassment response.
26/01/13 rec'd Freds letter dated 22/01/13 referring to Bryan Carter's letter, and also offering the op for a F&F.
30/01/13 letter to Freds enclosing copy of the SWID which was sent to BC.
01/02/13 Freds letter - Account on hold while your comm referred to Cap1.
06/02/13 Freds letter enclosing a copy of Cap1's earlier letter replying to my MPT letter, reiterating that they had complied with CCA request and account is enforceable. Freds giving to 26/02 for my payment proposals.
11/02/13 Cap1 letter - "No reason to change position as set out in final response ..... we have already responded to the points raised in your letter ..... we will not enter into any further correspondence regarding provision of copy agreements."

Update:
02/05/13 Cap1 letter - “Your a/c has moved .... no longer being managed (by Freds) .... payments direct to Cap1.”

Have been awaiting further developments on this.

[helmsman]

Re: Which Way to Go?

Hi all. Another update.



Update:
02/05/13 Cap1 letter - “Your a/c has moved .... no longer being managed (by Freds) .... payments direct to Cap1.”

Have been awaiting further developments on this.

Hi,
Had the same letter 20 months ago, heard nothing since.

[Still Waving]

Re: Which Way to Go?

Hi,
Had the same letter 20 months ago, heard nothing since.

Here's hoping.

[Still Waving]

Re: Which Way to Go?

I would go with the refusal to accept UE letter

Thanks for your response Pixie. I will sit on it for a couple of weeks though.

[Still Waving]

Re: Which Way to Go?

Credit card 5 Saga (AIB Bank). –

Taken out (during 00's prior to 2007 I believe) 2009

Balance approx. £1,650
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender

02/08/12 sent CCA request to AIB Bank.
No response to request, and apart from a recent letter asking me to contact them, no other demands until -
26/11/12 letter from AIB Bank - "As we have not received payment proposals for your debt, we are transferring the account to debt collectors who will call upon you personally, if you do not begin repayments following receipt of this letter. The matter warrants your immediate attention."

08/12/12 sent slightly amended CCA Reminder - Unenforceability Threat letter.
After some sporadic letter ping-pong they have now sent copy documents in response to CCA request. I will send to Niddy for assessment.

News not good . However will be sending Missing PTs letter.

[Still Waving]

Re: Which Way to Go?

Hi all - yet another update.

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.

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 - filed.

Update:
18/05/13 Idem letter - “On receipt of this letter please contact us on….. we need to discuss your account …....” (signed by manager at Arden)
22/05/13 Idem letter, by recorded delivery – (Refers to my original CCA letter of last summer, and apologises for delay in responding) “In compliance with CCA request we enclose a copy of the executed agreement, a copy of the T&Cs and a statement of account. We trust that this meets with your requirements.” (signed by case handler, Idem) What they have sent appears to be identical to what they sent to me 9 months ago.

I think I will file and await their next move. (I may send a short “by correspondence only” letter in reply to their 18/05 one, just for the paper trail.)

Any comments please?

[vint1954]

Re: Which Way to Go?

Hi all - yet another update.

Update:
18/05/13 Idem letter - “On receipt of this letter please contact us on….. we need to discuss your account …....” (signed by manager at Arden)
22/05/13 Idem letter, by recorded delivery – (Refers to my original CCA letter of last summer, and apologises for delay in responding) “In compliance with CCA request we enclose a copy of the executed agreement, a copy of the T&Cs and a statement of account. We trust that this meets with your requirements.” (signed by case handler, Idem) What they have sent appears to be identical to what they sent to me 9 months ago.

I think I will file and await their next move. (I may send a short “by correspondence only” letter in reply to their 18/05 one, just for the paper trail.)

Any comments please?

I would send it to Niddy just to be sure