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 payment 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
March 2013 - Letter from Apex 'my chosen DMP provider has not made a payment for 60 days. 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........Will wait till collections write
April 2013 - Letter from Apex telling me payment plan in arrears and is now in a state of default. Payment of arrears required within 72 hours.......Ignored like I did the last time I received this letter (May 2012)
April 2013 - Another letter from Apex telling me payment plan in arrears........Ignored

Another day, another letter from Apex. 'My account continues to be in arrears despite requests to bring these up to date. Should it remain this we will have to consider escalating your account to be reviewed for further action. Call us today, it is our intention to resolve this matter collaboratively.'
Time to reply to this drivel? I'm also getting daily phone calls from them and now have over 20 different numbers stored in my phone as 'Apex Ignore'

[Deepie]

Re: DaveyBoys UE enquiry

Another day, another letter from Apex. 'My account continues to be in arrears despite requests to bring these up to date. Should it remain this we will have to consider escalating your account to be reviewed for further action. Call us today, it is our intention to resolve this matter collaboratively.'
Time to reply to this drivel? I'm also getting daily phone calls from them and now have over 20 different numbers stored in my phone as 'Apex Ignore'

I would send this ---->Final Response - UE (No CCA Received) Along with----> Harassment by Telephone

[DaveyBoy]

Re: DaveyBoys UE enquiry

I would send this ---->Final Response - UE (No CCA Received) Along with----> Harassment by Telephone

Thanks Deepie. Couldn't decide whether Final Response - UE (No CCA Received) or CCA Query - Letter Previously Confirming No CCA was the one I would need to send. Cheers

[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
April 2013 - Moorcroft reply to my account sold in dispute with a letter thanking me for my CCA request and asking for £1 so it can be processed - Replied informing them I hadn't requested a CCA as per ScabHunters post #162

Letter received from Moorcroft stating they are communicating with Barclaycard regarding my query and during these communications follow up action will be suspended.
Cheers SH, they've got the message now!

[MrsD]

Re: DaveyBoys UE enquiry

sometimes takes a wee while..................

[Deepie]

Re: DaveyBoys UE enquiry

sometimes takes a wee while for the penny to drop..................

[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
April 2013 - Moorcroft reply to my account sold in dispute with a letter thanking me for my CCA request and asking for £1 so it can be processed.......Replied informing them I hadn't requested a CCA as per ScabHunters post #162
April 2013 - Letter from Moorcroft stating they are communicating with Barclaycard regarding my query and during these communications follow up action will be suspended........Filed

Letter received from Moorcroft. 'Further to your recent communication we have been in touch with Barclaycard who have advised the CCA request was completed and sent to me on xxApril2013'

The actual reply came in April 2012 and was deemed UE by Niddy

Account now on temporary hold in order for me to receive letter and contact Moorcroft to discuss repayment. Follow up action will re-commence if contact is not made promptly.

Any suggestions to reply with?
Thanks all

[ScabHunter]

Re: DaveyBoys UE enquiry

Any suggestions to reply with?
Thanks all

If it was me, I would ignore this drivel to take more time off the clock, and then when the promised “follow up action” occurred, I would send a Missing Prescribed Terms letter.

CCA Query - Missing Prescribed Terms - allaboutDEBT UK

It will need amending slightly, as it wasn't “them” but the original creditor which sent the non-compliant document, but that should be easy enough to do.

SH

[DaveyBoy]

Re: DaveyBoys UE enquiry

If it was me, I would ignore this drivel to take more time off the clock, and then when the promised “follow up action” occurred, I would send a Missing Prescribed Terms letter.

CCA Query - Missing Prescribed Terms - allaboutDEBT UK

It will need amending slightly, as it wasn't “them” but the original creditor which sent the non-compliant document, but that should be easy enough to do.

SH

Thanks SH.
The modified missing prescribed terms it is then. Will leave it until they start the follow up action as well also.
Cheers

[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
April 2013 - Moorcroft reply to my account sold in dispute with a letter thanking me for my CCA request and asking for £1 so it can be processed.......Replied informing them I hadn't requested a CCA as per ScabHunters post #162
April 2013 - Letter from Moorcroft stating they are communicating with Barclaycard regarding my query and during these communications follow up action will be suspended........Filed
May 2013 - Letter from Moorcroft 'Further to your recent communication we have been in touch with Barclaycard who have advised the CCA request was completed and sent to me on xxApril2013.......Replied with modified Missing Prescribed Terms

2 letters received today:

1 from Moorcroft stating follow up action to be suspended whilst they communicate with Barclaycard regarding my query (modified Missing Prescribed terms as per ScabHunters advice)

1 from Barclaycard which is a duplicate CCA response from Apr 2012 - Niddy says 'All this is is a recon, holds no substance and is all the way'

The only difference being on the covering letter they've added a few paragraphs at the end trying to empathise with my situation and apologising if I find their contact harassing. They also mention 'you refer to the consumer protection from unfair trading regs, we do not accept there is any basis to assert that we have not fully complied with our obligation' and 'our records show we are providing all the relevant documents required by law, we have fully investigated your request and have provided all appropriate details and therefore we do not accept any actions taken will be a breach of OFT guidelines'. They close by saying they 'know your account is not in dispute because of any delay in providing your copy documents as section 78(6)(b) was repealed on 31st May 2008.

I never sent Barclaycard a reply to this back in April last year so should I pop off a missing prescribed terms to them or leave it as Moorcroft are contacting them regarding the missing prescribed terms I sent to them.

Cheers all!

[SXGuy]

Re: DaveyBoys UE enquiry

Id ignore if moocrap are already dealing with it.

[MrsD]

Re: DaveyBoys UE enquiry

me too

[DaveyBoy]

Re: DaveyBoys UE enquiry

Id ignore if moocrap are already dealing with it.

me too

Thanks guys. I'll do just that then.
Cheers

[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 payment 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
March 2013 - Letter from Apex 'my chosen DMP provider has not made a payment for 60 days. 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........Will wait till collections write
April 2013 - Letter from Apex telling me payment plan in arrears and is now in a state of default. Payment of arrears required within 72 hours.......Ignored like I did the last time I received this letter (May 2012)
April 2013 - Another letter from Apex telling me payment plan in arrears........Ignored
April 2013 - Letter from Apex - My account continues to be in arrears despite requests to bring these up to date. Should it remain this we will have to consider escalating your account to be reviewed for further action. Call us today, it is our intention to resolve this matter collaboratively.........replied with Final Response - UE (No CCA Received) & Harassment by Telephone
April 2013 - 6 Monthly statement received.
May 2013 - Letter from Apex - Account referred to Apex Purchased Portfolios for their consideration

Its only taken them a year but those tinkers at Canada Square have now supplied me with a signed response to my CCA request thats come via Apex. Now I know I've read on here that his Nidship wont give opinions on Egg agreements after losing one recently in the high court so I'm guessing as I'm no expert on these things it may be time to send them the missing prescribed terms and put the ball back into their court.
Cheers all

[ScabHunter]

Re: DaveyBoys UE enquiry

it may be time to send them the missing prescribed terms and put the ball back into their court.
Cheers all

That is what I would do in the circumstances.

SH