DaveyBoys UE enquiry

[DaveyBoy]

Re: DaveyBoys UE enquiry

Egg

Loan
Commenced December 2005
Balance outstanding £7,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Now Apex Credit Management

Feb 2012 - CCA Request Sent
12+2 days passes and no reply
Mar 2012 - Stopped Paying DMP
Mar 2012 - Letter from Apex acknowledging me making regular payments and offering a reduced settlement with a discount of up to 50% off the remaining balance. Still no CCA...............Ignored
May 2012 - Letter from Apex telling me paymant plan in arrears and is now in a state of default. Payment of arrears required within 72 hours. Still no CCA.............Ignored
May 2012 - Letter from Apex telling me account still in arrears. Contact them to discuss to avoid escalation of account. Still no CCA..............Ignored
May 2012 - Letter from Apex confirming "at present we are unable to obtain suitable copies of the required documentation from the original creditor in order to comply with your request" and "in light of this we will be removing your account from our normal collection activity." They go on to state "Although at this time your account is UE, we must advise you that the debt still remains, the balance is due and suitable collection activity may continue despite the unenforceability. We recommend payments are made to reduce outstanding liability and advise that at any time we may produce a recon copy of your agreement which would restore the enforceability." They have also sent me a cheque for £1.00 refunding the fee paid for this service........FILED
March 2013 - Phone call from Apex asking me to 'ring them and discuss this matter'........Ignored

So after 10 months of peace and quiet I get a phone call and now a letter that states 'my chosen DMP provider has not made a payment for 60 days (try 50 odd weeks). Due to non payment the account will now be passed to collections within 7 days in order to commence the recovery of the outstanding balance.

So do I wait for collections to chase me or reply now with a letter previously confirming no CCA. Any thoughts? Also wondering whether something more sinister lies beneath as this is an Ex Egg product?

Thanks as always

[Deepie]

Re: DaveyBoys UE enquiry

So after 10 months of peace and quiet I get a phone call and now a letter that states 'my chosen DMP provider has not made a payment for 60 days (try 50 odd weeks). Due to non payment the account will now be passed to collections within 7 days in order to commence the recovery of the outstanding balance.

So do I wait for collections to chase me or reply now with a letter previously confirming no CCA. Any thoughts? Also wondering whether something more sinister lies beneath as this is an Ex Egg product?

Thanks as always

I'd see who writes to you, if it were me.....

[DaveyBoy]

Re: DaveyBoys UE enquiry

I'd see who writes to you, if it were me.....

Thanks I2D. My thoughts were to wait and see also so I'll do exactly that and await what comes of it.

[DaveyBoy]

Re: DaveyBoys UE enquiry

Egg

Credit Card
Commenced March 2006
Balance outstanding £3,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Jan 2007
Owner Now Barclaycard

Feb 2012 - CCA Request Sent
12+2 days passes then
Feb 2012 - Letter from Barclaycard 'we acknowledge receipt of your request, we are dealing with and will respond as soon as possible'
Mar 2012 - Stopped paying DMP
Apr 2012 - CCA Recieved
Emailed Niddy
Apr 2012 - Niddy says 'All this is is a recon, holds no substance and is all the way'
Sept 2012 - Letter recieved today from Barclaycard
Formal Demand for Payment
As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding amount shown is now due in full. Please note we will no longer send monthly statements to you (Never had a statement of Barclaycard yet).
Credit Reference Agencies
This formal demand is a legal doc. We are notifying you of our intention to file a default at the credit reference agencies (That happened 5 years ago!). We always let credit agencies know when a customer has failed to meet the terms of the Formal Demand for payment and the payment has not been made. This may affect your ability to get credit from other lenders.
If you do not make a payment or reach agreement with us by 9th Sept we may pass your account to a specialist collection company in your area and a local representative may call at your address to arrange repayment of this debt. We may transfer money that you have in barclays current savings or other accounts to reduce or pay off the amount owed. Your t&c clearly state we can do this if we need to.
To stop further action you must call asap.........IGNORED
Sept 2012 - Letter recieved from Barclaycard stating account been passed to Credit Solutions Ltd to manage collection of the balance outstanding on your account. Please as a matter of urgency contact CSL who will discuss with you proposals for repayment of the balance outstanding on your account.........IGNORED
Oct 2012 - Letter recieved from power2contact. We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. You have made this action necessary as you have ignored all their requests to contact them and you have failed to pay your account. Should you wish to avoid this action, you must contact our instructing agent (CSL) WITHIN 72 HOURS of receipt of this notice........Replied with threat of doorstep visit template
Oct 2012 - Letter recieved from Credit Solutions Limited in response to my doorstep visit. Says 'Internal investigation has taken place into this matter' goes on to say 'As per request contact number has been removed and all future correspondence will be via writing'. Also states 'Doorstep visits are simply another option available to assist customers in paying debts' and 'OFT guidelines state doorstep visits must give adequate notice of time and date of visit' and 'The Armstrong v Sheppard (1959) case you quoted is dependant on individual circumstance and only such order to refuse access can come from a Court and not from the individual'........FILED
Oct 2012 - Letter recieved from Credit Solutions - Opportunity to save £££'s, Despite numerous attempts to contact you balance remains unpaid and following discussions with our client we are now able to offer a reduced sum using a tailored instalment programme. The issue will not just go away so telephone our "Deal Maker" team. The offer is only available for 14 days and failure to contact us will result in your account being recommended for further action which could result in a visit by one of our doorstep collectors......IGNORED
Oct 2012 - Another letter recieved from Credit Solutions NOTICE OF LEGAL PROCEEDINGS
The above debt remains outstanding. Failure to pay this debt or contact us within 7 days may result in legal proceedings being issued against you, which could result in one or more of the following:-
A COUNTY COURT JUDGEMENT, YOUR POSSESIONS BEING SEIZED, ATTACHMENT OF EARNINGS, YOU PAYING COURT COSTS. Contact us now to avoid this action..............REPLIED WITH THREAT-O-GRAM BEFORE ACTION
Nov 2012 - Letter from Power2Contact - FORMAL NOTICE OF INTENDED VISIT, We have been instructed to visit you to make a Financial Evaluation prior to any potential Legal Proceedings being taken against you................REPLIED WITH Harassment Follow-Up & Threat of Injunctive Relief (Modified 1st Paragraph as I've not had a visit thus far)
Nov 2012 - Letter recieved today from Credit Solutions in reply to my harassment follow up letter. They can confirm that they stand by their previous response and are unable to guarantee that a doorstep visit will not take place. It then carries on with the usual rubbish about it simply being another option available to assist me, quotes subsection 2.12 of the Office of Fair Tradings guidlines about adequate notice being given and that an order to refuse access can only come from a court and not an individual. They have again enclosed the company's complaints proceedure and a Financial Ombundsmen Service leaflet for my reference.

Letter received from Barclaycard 'your account has been passed to Moorcroft Debt Recovery Limited to manage the collection of the balance outstanding' and 'Contact Moorcroft as a matter of urgency'

I thought Credit Solutions/Power2Contact had gone awfully quiet. Looks like they've given up and passed it back to Barclaycard. Shall await Moorcroft's first move

Cheers all

[MrsD]

Re: DaveyBoys UE enquiry

good call Davey

[ScabHunter]

Re: DaveyBoys UE enquiry

Shall await Moorcroft's first move

Cheers all

Just in case you don't know already, they are one of the most useless DCAs out there. Nothing to worry about.

SH

[mjr001]

Re: DaveyBoys UE enquiry

Moorcroft are easy. They don't have a clue

[DaveyBoy]

Re: DaveyBoys UE enquiry

Just in case you don't know already, they are one of the most useless DCAs out there. Nothing to worry about.

SH

Moorcroft are easy. They don't have a clue

That bodes well then as they've also been assigned by Santander to collect my Cahoot Flexiloan which is currently on hold whilst Santander get back to them

[Pixie]

Re: DaveyBoys UE enquiry

Agree, Moorcroft are pretty useless.

When they contact you I'd send Account Sold whilst in Dispute - allaboutDEBT UK

[The Tech Clerk]

Re: DaveyBoys UE enquiry

Agree, Moorcroft are pretty useless.

When they contact you I'd send Account Sold whilst in Dispute - allaboutDEBT UK

Pixi you are so kind = Pretty Useless, that is putting it mildly!

[DaveyBoy]

Re: DaveyBoys UE enquiry

Agree, Moorcroft are pretty useless.

When they contact you I'd send Account Sold whilst in Dispute - allaboutDEBT UK

Letter duly recieved from Moorcroft today asking for payment in full in 7 days or contact made with the office immediately.
Account Sold In Dispute will be posted to them 2nd Class recorded tomorrow
Cheers Pixie and all

[Never-In-Doubt]

Re: DaveyBoys UE enquiry

Yep. Good luck

[DaveyBoy]

Re: DaveyBoys UE enquiry

Egg

Credit Card
Commenced March 2006
Balance outstanding £3,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Jan 2007
Owner Now Barclaycard

Feb 2012 - CCA Request Sent
12+2 days passes then
Feb 2012 - Letter from Barclaycard 'we acknowledge receipt of your request, we are dealing with and will respond as soon as possible'
Mar 2012 - Stopped paying DMP
Apr 2012 - CCA Recieved
Emailed Niddy
Apr 2012 - Niddy says 'All this is is a recon, holds no substance and is all the way'
Sept 2012 - Letter recieved today from Barclaycard
Formal Demand for Payment
As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding amount shown is now due in full. Please note we will no longer send monthly statements to you (Never had a statement of Barclaycard yet).
Credit Reference Agencies
This formal demand is a legal doc. We are notifying you of our intention to file a default at the credit reference agencies (That happened 5 years ago!). We always let credit agencies know when a customer has failed to meet the terms of the Formal Demand for payment and the payment has not been made. This may affect your ability to get credit from other lenders.
If you do not make a payment or reach agreement with us by 9th Sept we may pass your account to a specialist collection company in your area and a local representative may call at your address to arrange repayment of this debt. We may transfer money that you have in barclays current savings or other accounts to reduce or pay off the amount owed. Your t&c clearly state we can do this if we need to.
To stop further action you must call asap.........IGNORED
Sept 2012 - Letter recieved from Barclaycard stating account been passed to Credit Solutions Ltd to manage collection of the balance outstanding on your account. Please as a matter of urgency contact CSL who will discuss with you proposals for repayment of the balance outstanding on your account.........IGNORED
Oct 2012 - Letter recieved from power2contact. We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. You have made this action necessary as you have ignored all their requests to contact them and you have failed to pay your account. Should you wish to avoid this action, you must contact our instructing agent (CSL) WITHIN 72 HOURS of receipt of this notice........Replied with threat of doorstep visit template
Oct 2012 - Letter recieved from Credit Solutions Limited in response to my doorstep visit. Says 'Internal investigation has taken place into this matter' goes on to say 'As per request contact number has been removed and all future correspondence will be via writing'. Also states 'Doorstep visits are simply another option available to assist customers in paying debts' and 'OFT guidelines state doorstep visits must give adequate notice of time and date of visit' and 'The Armstrong v Sheppard (1959) case you quoted is dependant on individual circumstance and only such order to refuse access can come from a Court and not from the individual'........FILED
Oct 2012 - Letter recieved from Credit Solutions - Opportunity to save £££'s, Despite numerous attempts to contact you balance remains unpaid and following discussions with our client we are now able to offer a reduced sum using a tailored instalment programme. The issue will not just go away so telephone our "Deal Maker" team. The offer is only available for 14 days and failure to contact us will result in your account being recommended for further action which could result in a visit by one of our doorstep collectors......IGNORED
Oct 2012 - Another letter recieved from Credit Solutions NOTICE OF LEGAL PROCEEDINGS
The above debt remains outstanding. Failure to pay this debt or contact us within 7 days may result in legal proceedings being issued against you, which could result in one or more of the following:-
A COUNTY COURT JUDGEMENT, YOUR POSSESIONS BEING SEIZED, ATTACHMENT OF EARNINGS, YOU PAYING COURT COSTS. Contact us now to avoid this action..............REPLIED WITH THREAT-O-GRAM BEFORE ACTION
Nov 2012 - Letter from Power2Contact - FORMAL NOTICE OF INTENDED VISIT, We have been instructed to visit you to make a Financial Evaluation prior to any potential Legal Proceedings being taken against you................REPLIED WITH Harassment Follow-Up & Threat of Injunctive Relief (Modified 1st Paragraph as I've not had a visit thus far)
Nov 2012 - Letter recieved today from Credit Solutions in reply to my harassment follow up letter. They can confirm that they stand by their previous response and are unable to guarantee that a doorstep visit will not take place. It then carries on with the usual rubbish about it simply being another option available to assist me, quotes subsection 2.12 of the Office of Fair Tradings guidlines about adequate notice being given and that an order to refuse access can only come from a court and not an individual. They have again enclosed the company's complaints proceedure and a Financial Ombundsmen Service leaflet for my reference.....Will see what follows
April 2013 -Letter from Moorcroft Debt Recovery Limited. They have been instructed by Barclaycard to collect my overdue debt. To prevent our recommending to our client that further debt recovery action be undertaken it is essential that you settle this debt without delay. Both our client and we do not wish to take this action but if agreement cannot be reached we may have no alternative. They give me 7 days to make payment or give me the option to contact them immediately with my payment offer........Replied with account sold in dispute letter

Letter received today from Moorcroft thanking me for my letter requesting a copy of the credit agreement. They inform me they need the £1 fee to process my request.

This is their reply to my account sold in dispute letter. Any suggestions? I messed up early doors on this one as I never sent Barclaycard a Missing Prescribed Terms letter in response to the original UE CCA request I received so is it worth paying the £1 and getting the paperwork correct this tine around or has anyone else got a better suggestion?

Cheers all

[ScabHunter]

Re: DaveyBoys UE enquiry

Letter received today from Moorcroft thanking me for my letter requesting a copy of the credit agreement. They inform me they need the £1 fee to process my request.

This is their reply to my account sold in dispute letter. Any suggestions? I messed up early doors on this one as I never sent Barclaycard a Missing Prescribed Terms letter in response to the original UE CCA request I received so is it worth paying the £1 and getting the paperwork correct this tine around or has anyone else got a better suggestion?

Cheers all

That is just a standard template which Moroncrap use all the time, despite the fact that it is facetious and inaccurate. I certainly wouldn't humour them by sending a second request.

One account, one request. That is the rule. Especially if what you receive in response to that request is unenforceable paperwork. What could you possibly gain by sending another request, and giving them the opportunity to “Blue Peter” a reconstruction which could actually be enforceable?

In response to Moroncrap's idiocy, I would send the following -

“Dear Sirs,

I am in receipt of your letter dated xxth April 2013, and note its contents. I note, in particular, that you appear to be labouring under the misapprehension that I forwarded a request for information pursuant to the Consumer Credit Act 1974. On the contrary, such a request was forwarded to the original creditor on [DATE], and, consequently, I have no need to forward another.

My letter of [DATE of the SWID letter] referred to this request, and the non-compliance of the original creditor with the prevailing legislation. As the issues contained therein remain unanswered, I would appreciate your due diligence in dealing with them.

Yours Faithfully,”

SH

[DaveyBoy]

Re: DaveyBoys UE enquiry

That is just a standard template which Moroncrap use all the time, despite the fact that it is facetious and inaccurate. I certainly wouldn't humour them by sending a second request.

One account, one request. That is the rule. Especially if what you receive in response to that request is unenforceable paperwork. What could you possibly gain by sending another request, and giving them the opportunity to “Blue Peter” a reconstruction which could actually be enforceable?

In response to Moroncrap's idiocy, I would send the following -

“Dear Sirs,

I am in receipt of your letter dated xxth April 2013, and note its contents. I note, in particular, that you appear to be labouring under the misapprehension that I forwarded a request for information pursuant to the Consumer Credit Act 1974. On the contrary, such a request was forwarded to the original creditor on [DATE], and, consequently, I have no need to forward another.

My letter of [DATE of the SWID letter] referred to this request, and the non-compliance of the original creditor with the prevailing legislation. As the issues contained therein remain unanswered, I would appreciate your due diligence in dealing with them.

Yours Faithfully,”

SH

Thankyou Scabhunter. That's a cracking letter and one which I'll post off straight away. The sneaky b****rds have also somehow managed to acquire my landline phone number so I will also ask them to communicate in writing only.
Thanks again