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  • Pixie
    replied
    Re: spent2much UE diary

    I would send SH's SWID for ODs.

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (overdraft)mine

    Date commenced (2003)

    Approx balance (£246)

    Date last paid (22 June 2012)

    Are you on arrangement or not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner (HBOS)
    9/7/12 cca request sent
    28/9/12 from Halifax account sold to BLS 3/8/12

    26/10/12
    repayment plan arrears
    overdue account ,
    10 days to repay the amount owing

    14/11/12 pay today reminder

    13/12/12
    from BLS

    Please find enclosed a statement of account as requested.

    Should you require any further assistance please telephone us.
    14/12/12
    BLS essential that you contact us today

    22/12/12 from Halifax
    As we haven't been able to agree a suitable repayment plan we've trasferred your account ot Moorcroft


    28/12/12 from moorcroft

    advising me Halifax have instructed them to collect the overdue debt of £246.26

    It is a legal requirement to send a notice of intended litigation before legal proceedings in the county Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you .

    To prevent our recommeding to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment should be submitted in full within 7 dyas or contact made with this office immediately, by telephone on 000000000000 or by letter, with your payment offer. Both our client and we do not wish to take this action but if agreement cannot be reached by 31/12/12 , a claim may be issued by solicitors to act on behalf of our client without further notice.

    WE WOULD DRAW TO YOUR ATTENTION THAT IF JUDGTMENT AND AN ORDER FOR REPAYMENT IN FULL IS OBTAINED AND REMAINS UNPAID, A RANGE OF COURT ENFORCEMENT OPTIONS ARE AVAILABLE TO OUR CLIENT AND APPLICATION FOR ONE OF THESE MAY BE CONSIDERED.

    We would emphasise that should judgement be entered agaisnt you this may affect any future credit application you may make elsewhere . Legal cost mentioned also blah blah


    10/01/13 from Moorcroft
    IMPORTANT INFORMATION-POSSIBLE FURTHER ACTION
    pay before the 15/01/13 by calling us .

    23/01/13 from Moorcroft
    MONTHLY INSTALMENT OFFER


    08/02/13 from midascreditservies
    We are part of the Moorcroft Group and are aware that you have failed to reach repayment agreement with Moorcroft .
    contact Moorcroft now to prevent possible further action



    22/02/13 from Moorcroft

    DISCOUNT OFFER installments .


    30/ 03/13 from Moorcroft

    discount offer

    I am disappointed to note that despite our numerous attempts to contact you no satisfactory agreement has been reached regarding the balance oustanding of £246 on the above account.

    However in one last attempt to come to an arrangement to prevent the possibility of further debt recovery action being recommneded our client has informed us that we may be able to offer you a substantial discount from your outstanding balance. This means that if you able to pay an acceptable lump sum within the next 14 days we will not pursue the remaining balance of the debt .



    ignore ?
    29/04/13 Halifax
    Account transferred to Westcot Credit Services Ltd


    18/05/13 SWID to westcot
    07/05/13 Westcot

    We have been instructed by our client to collect the outstanding balance on their behalf.

    You should read both sides of this notice carefully, follow the instructions and reply IMMEDIATELY. If you have any queries or any of the information supplied is incorrect, please contact us on the number supplied .

    TO AVOID WESTCOT TAKING FURTHER , YOU MUST

    PAY THE DEBT IN FULL TO WESTCOT OR CONTACT US ON BLAH BLAH
    07/05/13 Westcot
    We have been instructed by our client to collect the outstanding balance on their behalf.
    You should read both sides of this notice carefully, follow the instructions and reply IMMEDIATELY.If you have any queries or any of the information supplied is incorrect, please contact us .

    TO AVOID WESTCOT TAKING FURTHER ACTION, YOU MUST:
    PAY THE DEBT IN FULL TO WESTCOT OR 2. CONTACT US ON BLAH BLAH BLAH
    15/05/13 Westcot
    FINAL NOTICE
    Our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous corrospondence.

    Unless you contact us to agree repayment of £246.26 within the next 10 days , further collection activity will be taken to recover the full outstanding balance.

    Please do not ignore this letter as this could result in further action being taken to recover the debt .

    31/05/13 Westcot

    We acknowledge that have raised a query on this account and we would like to confrim to you how this will be investigated.

    We will suspend all collections activity on the above account whilst the matter is under investigation.This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.
    10/06/2013 westcot
    We refer to your recent communication. Having contacted our client they have advised that the above balance is correct and due for payment .They state that the above balance relates to a current account, therefore no credit agreement is available.

    In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. Payment can be made by direct debit or online

    If in the event you believe you still have a valid dispute , please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection

    8/11/2013 from capquest
    (wrong information about account they are saying it is a bank of Scotland credit card when it is a Halifax overdraft )
    capquest have been asked to manage the account , usual threats of may send doorstep agents, possible litigation .
    must contact them by the 15/11/2013 , if no contact then account will be passed to their solicitors HL Legaln

    no contact will mean further action

    23/11/2013 HL LEGAL solicitors
    capquest has appointed us, on behalf of Bank of Scotland Credit Card. (this account is an overdraft ) not a credit card.

    TAKE NOTICE THAT unless this account is paid in full or a satisfactory proposal for settlement is received by 05 Dec Court proceedings may be issued against you without further notice.

    court costs explained

    In the event that judgement is obtained against you,enforcement action will result in further costs .



    now do i tell them that this account is an overdraft or let them carry on in their own mistake?

    I shall send a SWID to HL LEGAL

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Pixie View Post
    Let them pass it on to Drydens Fairfax and wait until you hear from them. Depending on what DF send you, then send them the SWID.
    yep this is what i thought too

    Leave a comment:


  • Pixie
    replied
    Re: spent2much UE diary

    Let them pass it on to Drydens Fairfax and wait until you hear from them. Depending on what DF send you, then send them the SWID.

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (overdraft)mine

    Date commenced (2003)

    Approx balance (£248)

    Date last paid (22 June 2012)

    Are you on an arrangement plan not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner (HBOS)

    9/7/12 cca request sent

    28/9/12 from Halifax account passed to BLS 3/8/12
    14/11/12 payment reminder
    28/11/12 sent cca reminder to bls
    13/12/12 BLS saying statements enclosed as requested
    14/12/12 BLS essential that i contact them
    24/12/12 Halifax account passed to DrysdenFairfax
    31/12/12 from DrysdenFairfax threatening letter to pay , court action , charge on house,
    31/12/12 account sold while in dispute letter to drysdenfairfax
    letter not received by drysdenfairfax according to post office website.
    19/1/13 resent sold in dispute letter , sent by recorded delivery .
    24/1/13 threatening letter from drysdenfairfax
    16/2/13 from drysdenfairfax offer of settlement

    29/04/13 Halifax
    Account transferred to Westcot Credit Services Litd

    29/04/13 account sold while in dispute letter to westcot


    07/05/13 Westcot
    We have been instructed by our client to collect the outstanding balance on their behalf.
    You should read both sides of this notice carefully, follow the instructions and reply IMMEDIATELY.If you have any queries or any of the information supplied is incorrect, please contact us .

    TO AVOID WESTCOT TAKING FURTHER ACTION, YOU MUST:
    PAY THE DEBT IN FULL TO WESTCOT OR 2. CONTACT US ON BLAH BLAH BLAH
    15/05/2013 westcot FINAL NOTICE
    our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous corrospondence.

    Unless you contact us to agree repayment of £248.46 within the next 10 days, further collection activity will be taken to recover the full outstanding balance,

    please do not ignore this letter as this could result in further action being taken to recover the debt.


    18/05/2013 sent OD SWID to westcot

    31/05/13 Westcot

    We acknowledge that have raised a query on this account and we would like to confrim to you how this will be investigated.

    We will suspend all collections activity on the above account whilst the matter is under investigation.This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.


    10/06/2013 westcot
    We refer to your recent communication. Having contacted our client they have advised that the above balance is correct and due for payment .They state that the above balance relates to a current account, therefore no credit agreement is available.

    In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. Payment can be made by direct debit or online

    If in the event you believe you still have a valid dispute , please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection

    5/8/13 westcot

    As a final attempt to avoid further action, our client has agreed that we can offer you a discount to settle your account.

    This offer is only available for a limited period so you should contact us by the 11/08/2013 to agree a suitable settelememt , or the offer will be withdrawn and further action will continue to recever the full outstanding balance of £248.46.

    If you are unable to take advantage of this offer, we will still consider a realistic repayment plan and you should contact us urgently to discuss your options. Unless a suitable arrangement plan is reached within 10 days of the date of this letter, (01/08/2013), further recovery action will be taken.


    21/08/2013 from westcot
    we understand that there may be many reasons why you have not responded to us in relation to this account.
    You may feel that you are not in a position to stat making an acceptable payment against your balance or that you don't know how best to manage your way through you current liabilities.

    Westcot are specialists in establishing repayment plans that best suit the needs of both our clients and their customers. For the overwhelming majority of customers that contact us we are able to make an arrangement tailored to each customer's financial circumstances.
    We would therefore like to offer you the opportunity to repay this account via regular manageable instalments which will be both sustainable and affordable given your current circumstances.

    what this means for you.....

    an opportunity to take control with re-payments that you agree and that you can afford over a period of time.
    no further phone calls, letters, text messages or home visits from Westcot or their appointed agents, providing you keep to the plan for this account.
    The potential to improve you credit rating and increase your chances of obtaining future credit.

    This debt will not go away and now is the best time to act. To take up the offer you need to contact us at the number above where one of our dedicated operators will help you make a fresh start.

    30/08/2013 Westcot

    We have previously advised you that one of the actions we were considering on your account was a doorstep collection visit
    to your home address to recover the outstanding balance.
    As we know of no genuine reason why you have failed to repay the outstanding balance, instructions will now be provided to Scotcall, a doorstep agency, to make an appointment with you to visit your home address. The purpose of the visit is to agree with you how you will repay this debt.

    You have a final opportunity to avoid referral to Scotcall by telephoning the number above .

    02/09/2013 sent doorstep visit complaint letter to Westcot


    4/11/2013 Halifax- account passed to Robinson Way

    22/11/2013 robinson way , account is due to be passed to our solicitors drysdenfairfax in the next 10 days.



    this is getting interesting drysdenfairfax have already dealt with this account once before when another bunch of muppets passed it onto them, now shall i let them pass it onto drysdenfairfax or send robinson way a sold while in dispute letter ?

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    16/11/2013 westcot, (still won't allow me to change to red)

    With reference to your recent communication regarding the above account, we can confirm this relate to a Halifax Current account, therefore not covered by CCA 1974

    In view of this we look forward to receiving payment within the next 14 days.

    i will send the 2nd swid letter

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (overdraft)joint

    Date commenced (2003)

    Approx balance (£935)

    Date last paid (22 June 2012)

    Are you on arrangement or not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner (HBOS)

    9/7/12 cca request sent
    28/9/12 from Halifax account passed to BLS 3/8/12

    26/10/12 repayment plan arrears



    14/11/12 payment reminder BLS


    13/12/12
    from BLS

    Please find enclosed a statement of account as requested.

    Should you require any further assistance please telephone us.


    14/12/12 from BLS it is essential that you contact us today


    24/12/12 from Halifax
    Account passed to drysdenfairax solicitors



    31/12/12 drysdensfairfax solicitors ( both of us received a letter from these as it is a joint account )
    threatening charging orders and court action .


    31/12/12 sent sold while in dispute letter,
    not showing as received on royal mail website.

    17/01/13 from Drysdenfairfax
    17/01/13 from drysdenfairfax
    failure to pay , avoid further action you must pay the debt.




    20/1/13
    sent sold while in dispute letter


    26/01/13 from drysdenfairfax solicitors


    I acknowledge receipt of your letter dated 19 January 2013, together with the enclosures, and i note all your comments.

    I have reviewed your file and , unfortunately, i can find no record of us receiving your earleir letter of 31 December 2012. We were, therefore, unaware that this was in dispute. As a firm of solicitors, please be assured that we are well aware of our responsibilities with regard to the Office of Fair trading Debt Collection Guidance.

    As a result of your letter, we have contacted our client to clarify the current position and seek their further instructions. We will write to you , further, once they have responded. I confirm that, in the meantime, the matter is on hold.

    I trust this resolves any immediate concers, but if you do have any further queries, please let me know.





    06/04/13 from Halifax
    account passed to Capquest

    10/04/13 from capquest

    This correspondence is to inform you that your Halifax current account has been referred to capquest to manage your account in all matters relating to collection , which may include
    - Personal cisits by our doorstep collection agency
    - Possible Litigation

    It is our aim to ensure that a suitable payment plan is agreed and maintained . Our experienced team of negotators are here to assit you in finding a plan that will your indebtedness, without the need for further action.

    If you are not in a position to settle this account in full, you will need to contact us to discuss a suitable solution to this matter. Contact must be made by 15 Apr 13, by calling us on 0844********

    No contact will mean further action.

    How to pay: Please see reverse of this letter.

    sold while in dispute letter ?
    12/04/2013 sent sold while in dispute letter

    24/04/13 capquest
    NOTICE OF DOORSTEP AGENT VISIT.
    Please be advised that we are now in the process of making arrangements for our doorspet recovery agents ScotCall Limited, to visit you due to your failure to make a repayment arrangement.

    If a response is not received by 30 Apr 13, we may choose to dispatch an agent and they will call at the address above between the hours of
    8.00am-8.30pm Mon-Fri
    9.00am-4.30pm Saturday
    The doostep agent is instructed to collect the full amount due or to compile a report as to your financial position to assist in any possible further action. All agents carry identifification and receipts for payment will be issued on request.
    To avoid a visit from this specialised doorstep collection agency, you must contact us by 30Apr 13.
    If you contact us before this date, we can offer you a settlement figure on your outstanding balance.
    Alternatively , we will be open to suggestions from you on how your account can be settled by way of instalments suitable to your present financial circumstances.We will not be demanding payment in full and will work with you to come to a final solution to this problem without the need for employing services of doorstep recovery agents.
    Should an agreement be reached to settle your outstanding account with a reduced payment and once the payment has been received and cleared, your account will be closed and your credit file updated showing that the balance has been satisfied with a special flag of parital settlement.
    You will find how you can pay and other relevant details that may assit you on the reverse of this letter.
    we trust that you will take this opportunity to contact us and get this matter settled without the need for visits by the doorstep collectors.



    03/05/13 from capquest
    We thank you for your correspondence and respond as follows

    Please either provide details of any dispute in respect of the outstanding balance on this account , enclosing supporting documentation if available or contact us to arrange payment of this account.
    14/05/13 capquest

    Thank you for youre recent communication.

    We regret that you have been disatisfied with our service and we will be conducting a thorough investigation into the issues you have raised . Once we have completed this, we will write to you again with the outcome of our investigations.

    A copy of our internal Complaints Procedure is enclosed. Please take the time to read this as it explaines how we will deal with your complaint and the timescales within which we will do so.
    24/05/2013 capquest
    We write in response to your letter dated 12April13

    Winthin your complaint you state the account has been in dispute with the original creditor due to your request for the agreement made under the CCA not being acknowleded.
    We were instructed by Halifax on 29 March 2013 to contact you regarding an outstanding balance of £935.06. We were not made aware of any dispute or issue with your account and were acting in good faith based on the information supplied to us.

    Based on your comments we contacted halifax who has confirmed the following .

    *This debt relates to a current account , not covered by the CCA so the enclosed is not relevant, continue to pursue*

    In light of the above you may wish to contact halifax directly as we are unable to comment on their response or any actions taken prior to our involvement.

    The account shall remain on hold for 30 days to allow you time to contact halifax. Upon this time the account shall be returned to the relevant department and contact shall be reattempted.

    We offer our apologies for any inconvenience caused and should you wish to discuss this matter further please contact us .

    8/10/2013-Halifax
    As we haven't been able to agree a suitable repayment plan we've transferred your Halifax Bank Account to a debt collection agency. Westcot Credit Services ltd. We've instructed Westcot to arrange collection of the outstanding amount.

    Please contact Westcot as soon as possible to arrange to pay back the outstanding balance.
    14/10/2013 from westcot

    westcot credit services we have been instructed by our client to collect the outstanding balance on their behalf.

    you should read both sides of this notice carefully. follow the instructions and reply IMMEDIATELY if you have any queries or any of the information supplied is incorrect please contact us.

    TO AVOID WESTCTO TAKING FURTHER ACTION YOU MUST

    PAY THE FULL BALANCE TO WESTCOT



    15/10/2013 sent SWID to westcot.



    31/10/2013 (sorry this is in blue i tried changing it to red but it won't have it )
    from wescot

    with reference to your recent comminication regarding the above account, we can confirm this account related to a halifax current account, therefore your account is not covered by the CCA 1974

    In viw of the above we look forward to receiving payment in the 14 days




    16/11/2013 westcot, (still won't allow me to change to red)

    With reference to your recent communication regarding the above account, we can confirm this relate to a Halifax Current account, therefore not covered by CCA 1974

    In view of this we look forward to receiving payment within the next 14 days.

    i will send the 2nd swid letter

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (overdraft)husband's

    Date commenced (2003)

    Approx balance (£525)

    Date last paid (22 June 2012)

    Are you on arrangement or not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner (HBOS) think it was originally with Loydstsb

    9/7/12 cca request sent

    28/9/12 account passed to BLS 3/8/12

    28/9/12 repayment plan arrears

    13/12/12
    from BLS

    Please find enclosed a statement of account as requested.

    Should you require any further assistance please telephone us.



    14/12/12 BLS essential that you contact us today


    24/12/12 from Halifax account passed to drysdenfairfax




    31/12/12 drysdensfairfax solicitors
    threat of action if fail to pay.

    31/12/2012 sent SWID to fairfax
    19/01/2013 resent SWID to fairfaz
    28/01/13 from drysdenfairfax

    Thank you for your letter dated 31st December 2012 and I not all your comments.

    As a result of your letter, we have contacted our clent to clarify the current position and seek their further instructions. We will write to you, further, once they have respnded . I confirm that, in the meantime, the matter is on hold.


    09/03/12 from Halifax account passed to Robinson way


    I now wait to hear from Robinson way and then send an account sold while in dispute reply


    13/03/2013 from robbers way

    Our client has authorised us to recover the full amount you owem shown above.

    If you do not pay or agree a payment plan with us, we may advise our cleint to start court action ,

    THREATS OF WHAT COURT MIGHT DO OUR CREDIT RATING BLAH LBAH BLAH.




    12/03/12 from Robinson way

    IMMEDIATE ACTION REQUIRED


    25/03/13 account sold in dispute sent to Robinson way

    04/04/13 from Robinson way

    Thank you for your recent contact. Our client has advised us that your issue has been resolved and you remain fully liable for the balance outstanding.

    In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals for payment within the next 14 days .

    After this time collection activity will resume.



    ignore ?

    8/4/13 from robinson way

    Please note we have noted the dispute/query you have raised.
    We will make the necessary enquiries and let you know the outcome in due course.

    In the meantime we will stop all collection activity for this account.

    15/04/13 from Robinson way.
    Thank you for your recent contact. Our client has advised us that your issue has been resolved and you remain fully liable for the blalance outstanding .

    In the absence of any alternative dispute, we are unable to defer payment on this account and we now requre your poropsals for payment within the next 14 days .
    Ater this time collection activity will resume.

    01/05/13 robinson way

    NOTE..IMMEDATE ACTION REQUIRED

    You have not paid the sum you owe. Until it is paid your account will not be closed,but may stay registered as anupaid debt in your name. This may adversely affect your credit rating.

    WE URGE YOU TO SETTEL YOUR ACCOUNT-NOW-AND CLEAR THIS UP ONCE AND FOR ALL

    we can agree a reduced balance you can pay to settle your account and you may even be able to pay the reduced balance in instalments you can afford and will keep up, our staff are waiting to take your call
    Immediate payment can be made by calling us .
    18/05/13 drysdenfairfax
    We have been instructed by our clent's agent, Robinson Way,in relation to the above coutstanding debt.
    Legal action may be taken aggainst you unless you take steps to resolve this matter within 10 days of the date of this letter.
    To avoid further action you should either:
    -Make payment in full,or
    Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contaction robinson way

    18/05/2013 drysdenfairfax 2nd SWID letter.
    checked royal mail and this was delivered and signed for .

    24/05/2013 from dysdenfairfax
    We are instructed that despite previous correspondence this matter remains outstanding. Unless this matter is resloved within 10 days of the date of this letter (23/05/2013) then we may have to advise our client to consider commencing legal proceedings against you.

    Even at this late stage you can acoid court action by paying the debt in full or agreeing an affordable payment plan with Robinson way .

    Please do not ignore this letter as taking no action is likely to lead to court proceedings being commenced which may increase the amount you owe with the addition of court fees, costs and interest .


    03/06/13 drysdenfairfax
    We have been instructed by our client's agent, Robinson Way, in relation to the above outstanding debt, Legal action may be taken against you unless you take steps to resolve this matter withing 10 days of the date of this letter (1st June 13)
    To avoid further action you should either:
    Make payment in full o
    Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contacting Robinson Way.

    Any court action may result in additional court fees, solicitor's costs and interest being incurred which would be added to the amount outstanding.

    04/06/13 sent letters of complaint to drysdenfairfax and robinson way, kindly composed bt ScabHunter

    FORMAL COMPLAINT

    Dear Sirs,

    I am in receipt of your letter dated xxth March 2013, the contents of which are noted. Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. You will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

    Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre Action Protocol.

    I refer you also to my letter of 18th May 2013, which you signed for and have therefore presumably read. You have completely ignored the contents of that letter, and have chosen instead to send out a machine produced template which bears no relevance to the situation surrounding this alleged debt.

    You will be aware that your clients remain in default of a legitimate request for information pursuant to The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974). Your clients have a statutory obligation to provide this information, and without it I am unable to assess whether or not any liability exists to your clients, nor to assess the extent of any such liability should it exist. It would therefore be far more appropriate for you to deal with your incoming mail in a reasonable manner, instead of using machine produced threat letters as an expedient, and abusing the legal system by using it as a threat tool instead of a means of resolving disputes which cannot be settled any other way.

    Accordingly, and in accordance with the CPR Pre Action Protocol Practice Direction, I look forward to your reply, dealing with the issues which were raised in my letter of 18th May. Note that any further obstructiveness and refusal to consider, or reply to, letters which are sent to you informing you of the true situation of your clients' affairs will result in a formal complaint being forwarded to the Solicitors Regulation Authority.

    Yours Faithfully,


    and this to RW -

    FORMAL COMPLAINT

    Dear Sirs,

    I am in receipt of a letter dated xxth May 2013, from Drydens Fairfax solicitors. The letter is a formal letter of claim, threatening immediate court proceedings if I do not comply with their entirely unreasonable orders. As the solicitors have ignored my previous communication, and are refusing to discuss or even acknowledge the ongoing dispute relating to this alleged debt, they are in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. Note that my letter of 18th May 2013, which was received and signed for, has been completely ignored.

    Instead of responding to my legitimate dispute concerning your own failure to provide statutory information, the solicitors have mailed out a machine produced generic template which could apply to literally any alleged debt situation. This behaviour is obviously totally unacceptable, and any repeat thereof will result in a formal complaint being forwarded to the Solicitors Regulation Authority.

    Notwithstanding this consideration, you remain legally responsible for the actions of any organisation which you engage on your behalf. It would therefore be in your own interests to deal with the ongoing dispute, of which you have been aware since you received my letter of 25th March 2013, instead of misusing solicitors purely for the purposes of threatening and frightening people. Your own nonsensical response dated 4th April 2013 is also a machine produced generic template, which is entirely inappropriate for the situation. You are obviously aware that communicating with alleged debtors in a misleading manner is contrary to the Office of Fair Trading Debt Collection Guidance, specifically Section 3.2.

    I look forward to your response that you have withdrawn these badly behaved solicitors from this case, and that you are now prepared to deal with the issues raised in my previous communications. Any other response will result in this formal complaint being escalated to the Financial Ombudsman Service, and the Office of Fair Trading being informed of your continual breaches of their own published Guidance.

    Yours Faithfully,


    17/06/2013 from robinson way limited
    We refer to the above account and the recent issues you raised.

    Having looked at your acount we do not seem to have received your recorded mail dated 18th May 2013. Can you please resend this mail and also provide us with the recorded delivery number to enable to us to look into this matter further.

    On further investigation I have noted that your original dispute was regarding not receiving a valid CCCA request . Please be advised that the above account relates to an unpaid bank account . These are exempt from part V of the CConsumer Credit Act 1974 and as such there is no agreement available .

    In the meantime i have placed your account on a temporary delay awaiting your above correspondence. If you have any further quries ,please do not hesitate to contact us


    21/06/2013 Robinson way

    As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.

    To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office disput circumstances and to agree an affordable payment plan directly with us.


    19/07/2013 Robinson Way

    We refer to the above account and our letter dated 13th June 2013.

    As we have not received the correspondence that we requested in our previous letter and our client has advised us they have no details of your dispute and you remain fully liable for the balance outstanding.

    Please forward your proposal for payment, we have held your account for 14 days to enable you to do this. After this time collection activity will resume on your account.

    If you have any further queries , please do not hesitate to contact us .

    09/08/2013 Robinson way

    Despite numerous attempts to contact you, the above account still remains unpaid.

    If you are having difficulties and need help or advice with your finances you can contact us or several organisations that can offer free impartial advice , details below

    we can still agree an affordable payment plan with you. call us on the above number.

    30/08/2013 Robinson Way

    We have sent you a number of letters, tried to telephone you, and our doorstep agent may have called at your home, but your account remains unpaid.
    The full balance is due and payable. but this may not be affordable.
    NOTE We can offer a reduction to the balance you owe to settle this account depending upon your circumstances. To help you settle this account you may even be able to pay the reduced balance by instalments you can afford, and will be able to maintain.
    Call us now to take advantage of this
    02/09/13 resent letters of copies of complaint to Halifax and Robbers way
    7/9/13 Halifax We have not been able to agree a repayment plan your account has been transferred to Westcot

    14/9/13 Westcot- We have been instructed by our client to collect the outstanding balance on their behalf.

    You should read both sides of this notice carefully, follow the instructions and reply IMMEDIATELY . If you have any queries or any of the information supplied is incorrect, please contact us on the number supplied.
    TO AVOID WESTCOT TAKING FURTHER ACTION , YOU MUST:
    pay the balance in full to westcot .

    PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT IN FURTHER RECOVERY ACTION


    18/9/13 Robinson Way- We refer to the above account and acknowledge your recent communication .

    Having now reviewed your comments we can advise you that your account has been returned to our client .

    All future payments and correspondence must therefore be sent to our client , directly.

    26/09/2013 Westcot

    FINAL NOTICE

    Our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous correspondence.

    Unless you contact us to agree repayment of £525.20 within the next 10 days, further collection activity will be taken to recover the full outstanding balance.

    Please do not ignore this letter as this could result in further action being taken to recover the debt.


    04/10/2013 westcot

    REDUCED sETTELMENT OFFER

    As a final attempt to avoid further action , our client has agreed that we can offer you a discount ot settle your account.

    This offer is only available for a limited period so you should contact us by the 12/10/2013 to agree a suitable settlement, or the offer will be withdrawn and further action will continue to recover the full outstanding balance of £525.20

    If you are unable to take advantage of this offer, we will still consider a realistic payment plan and you should contact us urgently to discuss your options. Unless a suitable arrangement is reached within 10 days of the date of this letter, further recovery action will be taken.

    You can pay by debit card by calling *********




    15/10/2013-westcot ...sent ASWID

    26/10/2013 from westcot
    the opportunity to take control of your outstanding balance.

    westcot specialise in helping repayment plans
    offering an instalment plan to clear the balance

    This debt will not go away and now is the best time to act. To take up the offer you need to contact us on the number above


    31/10/2013 (sorry this is in blue i tried changing it to red but it won't have it )
    from wescot

    with reference to your recent comminication regarding the above account, we can confirm this account related to a halifax current account, therefore your account is not covered by the CCA 1974

    In veiw of the above we look forward to receiving payment in the 14 days
    16/11/2013 westcot, (still won't allow me to change to red)

    With reference to your recent communication regarding the above account, we can confirm this relate to a Halifax Current account, therefore not covered by CCA 1974

    In view of this we look forward to receiving payment within the next 14 days.

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Pixie View Post
    Sorry, I hadn't noticed that. In that case I would send the OD Sold While Dispute letter. (You should have it on your computer as you've sent it before)
    yes i do thank you Pixie

    Leave a comment:


  • Pixie
    replied
    Re: spent2much UE diary

    Sorry, I hadn't noticed that. In that case I would send the OD Sold While Dispute letter. (You should have it on your computer as you've sent it before)

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Pixie View Post
    Niddy's advice re Capquest is to send a new cca request to them...include £1 PO and send recorded delivery.
    but the account is a bank account it won't have a cca will it ?

    Leave a comment:


  • Pixie
    replied
    Re: spent2much UE diary

    Niddy's advice re Capquest is to send a new cca request to them...include £1 PO and send recorded delivery.

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (overdraft)mine

    Date commenced (2003)

    Approx balance (£246)

    Date last paid (22 June 2012)

    Are you on arrangement or not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner (HBOS)
    9/7/12 cca request sent
    28/9/12 from Halifax account sold to BLS 3/8/12

    26/10/12
    repayment plan arrears
    overdue account ,
    10 days to repay the amount owing

    14/11/12 pay today reminder

    13/12/12
    from BLS

    Please find enclosed a statement of account as requested.

    Should you require any further assistance please telephone us.
    14/12/12
    BLS essential that you contact us today

    22/12/12 from Halifax
    As we haven't been able to agree a suitable repayment plan we've trasferred your account ot Moorcroft


    28/12/12 from moorcroft

    advising me Halifax have instructed them to collect the overdue debt of £246.26

    It is a legal requirement to send a notice of intended litigation before legal proceedings in the county Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you .

    To prevent our recommeding to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment should be submitted in full within 7 dyas or contact made with this office immediately, by telephone on 000000000000 or by letter, with your payment offer. Both our client and we do not wish to take this action but if agreement cannot be reached by 31/12/12 , a claim may be issued by solicitors to act on behalf of our client without further notice.

    WE WOULD DRAW TO YOUR ATTENTION THAT IF JUDGTMENT AND AN ORDER FOR REPAYMENT IN FULL IS OBTAINED AND REMAINS UNPAID, A RANGE OF COURT ENFORCEMENT OPTIONS ARE AVAILABLE TO OUR CLIENT AND APPLICATION FOR ONE OF THESE MAY BE CONSIDERED.

    We would emphasise that should judgement be entered agaisnt you this may affect any future credit application you may make elsewhere . Legal cost mentioned also blah blah


    10/01/13 from Moorcroft
    IMPORTANT INFORMATION-POSSIBLE FURTHER ACTION
    pay before the 15/01/13 by calling us .

    23/01/13 from Moorcroft
    MONTHLY INSTALMENT OFFER


    08/02/13 from midascreditservies
    We are part of the Moorcroft Group and are aware that you have failed to reach repayment agreement with Moorcroft .
    contact Moorcroft now to prevent possible further action



    22/02/13 from Moorcroft

    DISCOUNT OFFER installments .


    30/ 03/13 from Moorcroft

    discount offer

    I am disappointed to note that despite our numerous attempts to contact you no satisfactory agreement has been reached regarding the balance oustanding of £246 on the above account.

    However in one last attempt to come to an arrangement to prevent the possibility of further debt recovery action being recommneded our client has informed us that we may be able to offer you a substantial discount from your outstanding balance. This means that if you able to pay an acceptable lump sum within the next 14 days we will not pursue the remaining balance of the debt .



    ignore ?
    29/04/13 Halifax
    Account transferred to Westcot Credit Services Ltd


    18/05/13 SWID to westcot
    07/05/13 Westcot

    We have been instructed by our client to collect the outstanding balance on their behalf.

    You should read both sides of this notice carefully, follow the instructions and reply IMMEDIATELY. If you have any queries or any of the information supplied is incorrect, please contact us on the number supplied .

    TO AVOID WESTCOT TAKING FURTHER , YOU MUST

    PAY THE DEBT IN FULL TO WESTCOT OR CONTACT US ON BLAH BLAH
    07/05/13 Westcot
    We have been instructed by our client to collect the outstanding balance on their behalf.
    You should read both sides of this notice carefully, follow the instructions and reply IMMEDIATELY.If you have any queries or any of the information supplied is incorrect, please contact us .

    TO AVOID WESTCOT TAKING FURTHER ACTION, YOU MUST:
    PAY THE DEBT IN FULL TO WESTCOT OR 2. CONTACT US ON BLAH BLAH BLAH
    15/05/13 Westcot
    FINAL NOTICE
    Our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous corrospondence.

    Unless you contact us to agree repayment of £246.26 within the next 10 days , further collection activity will be taken to recover the full outstanding balance.

    Please do not ignore this letter as this could result in further action being taken to recover the debt .

    31/05/13 Westcot

    We acknowledge that have raised a query on this account and we would like to confrim to you how this will be investigated.

    We will suspend all collections activity on the above account whilst the matter is under investigation.This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.
    10/06/2013 westcot
    We refer to your recent communication. Having contacted our client they have advised that the above balance is correct and due for payment .They state that the above balance relates to a current account, therefore no credit agreement is available.

    In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. Payment can be made by direct debit or online

    If in the event you believe you still have a valid dispute , please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection

    8/11/2013 from capquest
    (wrong information about account they are saying it is a bank of Scotland credit card when it is a Halifax overdraft )
    capquest have been asked to manage the account , usual threats of may send doorstep agents, possible litigation .
    must contact them by the 15/11/2013 , if no contact then account will be passed to their solicitors HL Legaln

    no contact will mean further action
    do i ignore this letter from capquest who have to been asigned the account ?

    Leave a comment:


  • IF
    replied
    Re: spent2much UE diary

    I'm not sure why your Text colour isn't working for you........very odd

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (JJB sports mastercard)husband's

    Date commenced (2004)

    Approx balance (£580)

    Date last paid (22 June 2012)

    Are you on arrangement or not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner ( oQor)

    9/7/12 cca request sent

    30/8/12 from iqor doorstep visit threat
    03/09/12 sent doorstep threatogram letter to iqor

    12/11/12 from WMD
    Our client account number ***********
    client name Sygma Bank UK

    The account you held with Sygma bank uk has been passed to west midlands debt collection limited for recovery and currently has an outstanding balance of £***

    Full payment of the balance is required IMMEDIATELY.
    Please contact us without delay to discuss the full repayment of the debt. It is in your own interest to give this matter your urgent attention.

    If you are uanble to pay your debt in full, please call us urgently to speak with a specialist payment advisor, who will discuss a payment option that is in your current ability to repay this debt. We accept that you may be experiencing financial difficulties and aim to help you through this difficult time.

    This matter requires your urgent attention. To stop further action you must select one of the payment option listed at the side of this letter or contact us .

    Please do not conact our client as they will refer you us.

    28/11/2012
    WHD we may do this we may do that , doorstep threat
    3/12/2012
    iQor
    Dear *****
    We thank you for your letter.

    On checking our records , we find that this has been closed on our files and returned to our Client of their control and management
    Please not your fee enclosed un-cashed.
    Please contact client direct regarding any quieries you may have quoting the client reference number obove.


    6/12/12 WHD
    we previously contacted regarding this debt and received no response.

    We are therefore in the process of instructing our agents to visit you at your address to collect payment.

    27/03/12 WMD
    I am disappointed to note that we have still not heard from you regarding the payment of your debt
    Your options

    pay within 72 hours
    telephone us to arrange a repayment plan

    we are currently reviewing our options to take further action
    .

    shall i ignore this ?

    31/10/2013 WMD
    we have been attempting to contact you for some time to discuss this debt but without success.

    We consider all offers however low.

    its really important you call us now as this debt may soon be passed on to another dca or solicitors. We are offering you this final opportunity to repay this debt in a way that is manageable for you.

    8/11/2013 WMD
    Despite our efforts to contact you and assist you in clearing the above debt , by means of repayment arrangement that is manageable to you, you have failed to contact us. We therefore have no alternative but to sell this account to a debt purchaser.

    This transfer of account will take place shortly.

    You have ten days from the date of this letter o contact us to take advantage of the of the options available to assist you in repaying this debt.

    update

    Leave a comment:

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