Statutory Demand threat

[Norbert]

Re: Statutory Demand threat

Letter received yesterday from Co-op Bank.

Account has been assigned to Moorcroft Debt Recovery - guess it means they've given up.

[PlanB]

Re: Statutory Demand threat

Hopefully this means they've given up on the SD plan, but they still intend to try to collect the debt using a DCA.

Wait until you hear from Moorcroft since this debt is near to becoming SB isn't it? You can dawdle along sending templates until the SB date arrives with any luck. How long to go?

I'd probably keep quiet about your £22k counterclaim idea for the time being. If I were in your shoes I'd be happy to get shot of a £5k debt without provoking things by stirring up trouble.

[MrsD]

Re: Statutory Demand threat

that's good advice Norbert, I would go with that

[Norbert]

Re: Statutory Demand threat

The debt is not close to becoming SB as token payments were being made up until earlier this year.

The counter-claim angle is a bit of a red-herring anyway and would only really have become an issue if they took civil action, which now looks unlikely.

Is the advice to ignore letters from the DCA or to write back to them in any way and if so, with what?

[MrsD]

Re: Statutory Demand threat

you should have a good look through the diaries, you MUST respond to some letters as to ignore is asking for more legal trouble.

If you come on here and let us know what is being sent to you, we can help point you in the right direction.

[Norbert]

Re: Statutory Demand threat

Update.

Received a letter from Co-op on 16th October with Default Notice under section 87(1) of CCA 1974. It show a balance = £4,934.82 and arrears = £1,040.00.

Another letter now received dated 30th October saying:-

"I am writing to apologise for any inconvenience caused as a result of recently receiving a Notice of Default letter. This letter was unfortunately sent to you in error and can be disregarded."

Not sure the Co-op know what they're doing anymore ...

[MrsD]

Re: Statutory Demand threat

just file it all away

[SA Gold]

Re: Statutory Demand threat

Ok reading their letter of 22nd September, I would send this back..... see how they like that!

Send it registered post, so that you can get evidence of it being delivered and then await their response - see how they react

Dear Mr Atherton,

Ref: xxxxxxxx

I write with reference to your letter dated 22 September 2014 whereby you make unjust and unlawful threats of issuing a Statutory Demand based solely on your incorrect assumptions regards my property and it's actual value. It should be noted that such behaviour is actually a breach of the Financial Conduct Authority Consumer Credit Sourcebook (CONC) - in particular sections CONC 2.2.2 (G) Principle 6 "(4) taking steps to repossess a customer's home, other than as a last resort." and CONC 2.2.4 (2) "(d) the extent of its authority;".

You have made threats to issue a Statutory Demand (SD) yet you have failed to acknowledge that there are serious triable issues with this account which will be vehemently defended should you attempt to take any action; plus you have no right to utilise the bankruptcy court within a civil matter that should be dealt with by a Judge from the civil courts service. I refer you to your colleagues letter dated 02 June 2014 whereby he admits that you do not have the original terms associated with my account and that you cannot recreate any (in line with Carey (vs HSBC 2009)) so how exactly do you plan on winning anything when to take such action you would need the evidence to rely upon any such claim, otherwise you'd be in direct breach of Pre Action Protocols?

As I have already been told that you do not hold the terms that were associated with this account at inception with a signed statement confirming you cannot recreate any then this account will be deemed irredeemably unenforceable in any court and I urge you to bear in mind the content of this letter will be shown in my defence should you ignore the content of this letter.

For the record, at account inception I was never notified of any rate of interest, repayments or credit limit and there was never any signed agreement from the Co-Op. If you want to accrue additional costs then be my guest and attempt to pursue this but pay attention to the letter your colleague sent me dated 02 June 2014 beforehand.

In the best interests, I look forward to your confirmation that the account has been closed and will not be pursued.

Yours sincerely,


Norbert

Quality! Will that go in the template area boss, or is it a bit too bespoke?

[PlanB]

Re: Statutory Demand threat

Received a letter from Co-op on 16th October with Default Notice under section 87(1) of CCA 1974. It show a balance = £4,934.82 and arrears = £1,040.00..

Another letter now received dated 30th October saying:-

"I am writing to apologise for any inconvenience caused as a result of recently receiving a Notice of Default letter. This letter was unfortunately sent to you in error and can be disregarded."..

Keep that letter really safe. If they ever take you to court and try to rely on that Default Notice they'll be in some difficulty since they told you to "disregard it"

[Norbert]

Re: Statutory Demand threat

That's what I thought - I had a feeling it might prove useful!

[Norbert]

Re: Statutory Demand threat

Just had a letter from Morrcroft.

They say they've been trying to contact me - they haven't tried very hard then as heard nothing since last letter appointing them as DCA.

They want payment proposals - my proposal is to file the letter away and ignore it. Is this what the sage heads on here would advise?

Mrs D advised a while ago "you should have a good look through the diaries, you MUST respond to some letters as to ignore is asking for more legal trouble."

What's the advice please?

Thanks!

[SaltnVinegar]

Re: Statutory Demand threat

Just had a letter from Morrcroft.

They say they've been trying to contact me - they haven't tried very hard then as heard nothing since last letter appointing them as DCA.

They want payment proposals - my proposal is to file the letter away and ignore it. Is this what the sage heads on here would advise?

Mrs D advised a while ago "you should have a good look through the diaries, you MUST respond to some letters as to ignore is asking for more legal trouble."

What's the advice please?

Thanks!

Hi Norbert

Moorcroft are generally toothless, but without the exact context of the wording of the letter its difficult to advise. It would also be really useful to have a 1-liner chronological order of the status. Have a look at this entry in my UE diary:

http://forums.all-about-debt.co.uk/s...l=1#post211295

If you lay things about in that order its easier to advise also - apologies if you've done this somewhere for this account, I just can't find it quickly!

Best
SnV

[Norbert]

Re: Statutory Demand threat

Here you go:-

• Type of account - Credit card
  
  
• Date commenced - 1993
  
  
• Approx balance - £4934.82
  
  
• Date last full payment - May 2010
  
  
• Are you on arrangement or not paying - Payment plan - stopped making payments June 2014
  
  
• Status - Default - although told most recent Default Notice was incorrect and to ignore it (see letter dated 30/10/14) below
  
  
• Account owner - Moorcroft

Correspondence

23/04/14 - Letter to Co-op seeking copy original agreement
16/05/14 - Reply from Co-op. Copy original application form supplied. No PTs.
21/05/14 - Wrote to Co-op stating that document supplied was not original agreement, only application form.
02/06/14 - Reply from Co-op. Copy original application form supplied. No PTs.
08/07/14 - Letter to Co-op stating that agreement UE as no PTs. No further payments will be made to account. Advised that if they sued, I'd counterclaim for interest, charges and statutory interest.
28/07/14 - Letter from Co-op stating payments not made to account. Threaten Court Order/SD/DCA
29/07/14 - Letter from Co-op stating payments not made to account. Threaten Court Order/SD/DCA
30/07/14 - Letter to Co-op reiterating that account UE - quoted Wilson-v- FCT [2003] All ER (D) 187 (Jul)
04/08/14 - Letter from Co-op threatening legal action
19/08/14 - Letter from Co-op offering 50% discount off balance if paid within 10 days
02/09/14 - Letter from Co-op - "disappointed not to hear from you ..." etc. Threaten to pass to DCA
12/09/14 - Letter to Co-op reiterating that account UE - quoted Wilson-v- FCT [2003] All ER (D) 187 (Jul)
22/09/14 - Letter from Co-op threatening SD
03/10/14 - Letter to Co-op stating that SD will be disputed and request to set aside
07/10/14 - Letter to Co-op re SD - template provided by Niddy (see above) used
08/10/14 - Letter from Co-op - account will be passed to DCA
16/10/14 - Default Notice from Co-op
23/10/14 - letter from Co-op appointing Moorcroft
28/10/14 - Letter from Moorcroft saying they have been appointed
30/10/14 - Letter from Co-op - Default Notice issued on 16/10/14 issued in error - letter says "ignore it"
10/11/14 - Letter from Moorcroft asking for proposals to pay

[Norbert]

Re: Statutory Demand threat

Just re-posting my original question about whether I should answer letters from Moorcroft or whether I should just file them away.

What's the advice from the wise heads on here please?

Many thanks!