spent2much UE diary

[Spent2much]

Re: spent2much UE diary

Type of account (store card ) Argos
mine
Date commenced (2004)

Approx balance (£880)

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 (moorcroft)
9/7/12 cca request
13/7/12
letter recieved today, all collection activity on this account has been put on hold and they will not seek to enforce payment of this debt until such time as the documentation has been supplied or i am advised otherwise .

I decided to scan the letter from Moorcroft to see if you all think this is the normal reply from them .

received 8/11/2012

8 pages of a reconstituted

It's just about Argos card and tells me about statements and financial and related details

example : 8 we will set the credit limit for your account and tell you what it is when we send you your Argos card.

_______________________

shall i copy the first page and send it to Niddy to make sure ?




08/12/12
Had another cca sent which is still just terms and conditions i have sent it to Niddy see what he says.

It's still unenforceable , shall i wait and see what they do next as they have already had a missing pt's letter ?



28/12/12 Moorcroft Home Collections Division.


Our records show that despite our previous letters to you, payment has still not been made on the agreement in place on our system with the result that your account is now in arrears for the sum of £1.00

Our records also show that you are dealing with us via a third party (this would be payplan) If you are no longer dealing with them please contact our call centre.

As a result of the arrears on your account it has now been passed to our Home Collections division for possible action. If contact is not made with our offices as above, this may involve our local representative calling at your home address to discuss the account with you and to seek to establish how you propose to settle the balance outstanding.

We would emphasise that if no satisfactory agreement is made with us or our local representative you may leave us with no alternative but to recommend to our client that they take debt rcovery action agaisnt you .

16/01/13 from Argos

Thank you for your letter dated 14 November 2012

Unfortunatley , we are unable to locate the signed copy of your agreement.
We make no admissions regarding whether or not the agreement was actually signed by you and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in the Courts.

We do of course note that s61 (1) (a) consumer credit Act 1974 provides that an agreement is not properly executed , unless a document containing the prescribed terms is signed in the the prescribed manner by the debtor.

We accept that unless we are able to locate the signed agreement or otherwise prove that it was sigend by you, it is unenforceable against you.

However, the agreement remains valid and we do expect you to continue with your payment.

then they refer to the case of McGuffick and the royal bank of scotland 2009

they say that if i choose to breach the terms of the agreement by failing to make the payments, they may have no option but to continue with their debt collection activities, and register a default .

14/02/2013 from direct legal collections

We have previously written to you advising that we are the legal owners of your debt.

We have now withdrawn your account from the Debt Collection Agency who were acting on our behalf and you now need to deal with us directly.

Please contact us with your proposals to pay the outstanding balance.
Failure to respond to this letter will result in further action being taken to recover the outstanding balance.





15/03/2013 from MDB

I have been instructed by direct legal & collections an associated company of Mercantile Data Bureau Ltd, to contact you about the above unpaid debt. Your account has been transferred to me due to your continued failure to discharge your current liability. All future contact relating to your account should now be with me .

I would like to give you the opportunity to discuss your account with me before we undertake any action with your account. I will take into consideration your current financial circumstances and outline the many options available to hep resolve this matter.

I urge you to contact me today on 00000000000000 to conclude this matter as quickly possible

05/04/13 from MDB

SELLEMENT OFFER

I have identified your account as eligible for an ealry settlement figure.

If you pay £445.78 within 14 days, I will be able to write off the remaining £445.78.

Once payment has been recieved, I will arrange for the credit reference agencies tr credit file.
This is a limited offer available for 14 day.


06/04/13 from dlc

We refer to your complaint dated 19 March2013. Please find enclosed a copy of our complaints procedure for your information.
GOES TO SAY THEIR FINDINGS AND SUMMARY AND HOW MANY TIMES THEY TRIED TO CONTACT ME .

Ignore ?



4/5/13 dlc
Further to our previous correspondence regarding your complaint, the original lender has confirmed that the original executed agreement and statement are currently unavailable due to the age of the account, please find a copy of the transactions to date from our system since our acuisition.

Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our failure to enforce the credit agreement but the underlying obligation to repay, remains intact.

The ruling in the case of McGuffick CV RBS clarifies the numerous interpretations of what is considered 'enforcement'. Should you want to view the Judgement in its entirety , it is easily accessible via the internet.

The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings, therefore your account will remain with our collections department for collection activity to continue.

Goes on about reporting my account to the credit reference agencies.

24/05/213 dlc- i have scanned this as there is too much to type out .


31/5/2017 Argos

This letter is important and requires your careful attention.

I am writing to you about the Argos store card account you opened in 2003 .
We recently reviewed the way in which we added charges to our customers accounts. This is included looking at your an Argos Card account from the first time a fee was charged, up until 01/03/2007. We have identified that some of the fees on your account should not have been charged.

We are sorry that this happened. We are therefore refunding all fees that were applied incorrectly , plus interest.

As you may be aware , we sold your account to DLC. We have notified them of the amount we are crediting to your outstanding balance and the have adjusted this accordingly .

The total reducing the outstanding balance by £ 20.09

Will this stop the statute bared process by the balance being reduced- because in July it will be only one year left until statute bared ?

[Spent2much]

Re: spent2much UE diary

I noticed this further up your thread
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 .

sounds familiar!!!, they don't say what further action they MAY take so I would be tmpted to wait and see

Hi NW yeah i noticed that too such a long time ago , so will wait and see thank you x

[nightwatch]

Re: spent2much UE diary

I noticed this further up your thread
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 .

sounds familiar!!!, they don't say what further action they MAY take so I would be tmpted to wait and see

[Roger]

Re: spent2much UE diary

30/5/2017 Creation

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
If w do not hear form you withing 72 hours we will have no alternative but to take further action without reference to you.
we are currently reviewing our options to take further action .

What is the DATE on their letter? It arrived 30 May. My guess is the 72 hours is long passed.

[Spent2much]

Re: spent2much UE diary

Type of account (JJB sports Master card)husband's

Date commenced (2004)

Approx balance (£580)(£657.69

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.

20/06/16 account sold to Lowell

7/7/2016 Lowell

Please contact us today to discuss your account
You will not be asked to pay more than you can afford
You can pay over the phone on xxxxxxxxxx

As the owner of your creation financial services limited , Lowell Portfolio 1 lmt wrote you you previously.
We are now contacting you to agree how you can repay your account .

lowell 22/7/16

We're yet to agree repayment for your former creation financial services limited account . We really want to work with you, but we can only help you if you get in touch .

Whatever your circumstances, we'll reach an outcome that's right for you

26/8/2016 cca request to lowell


8/8/2016 lowell Get in touch to discuss payment

24/9/2016 Lowell

An update on your request for documentation ..

Not had anything yet and the account remains on hold .

27/01/2017 West Midlands Debt Collections - Your account held with Creation finance has been passed to us for recovery.

Payment is now due in full and to prevent further action you must select one of the payment options .
.
7/2/2017 swid to west midlands debt collections .





8/2/2017 - Lowell - we have returned your account to creation financial services .


15/02/2017 Creation
Further to your recent contact with us , I am sorry to hear that you have been dissatisfied with the service provided.

A summary of the understanding of your complaint is below , please contact us if this is incorrect to enable us to deal with your complaint as swiftly as possible.

. unhappy with the outstanding balance on your account .

A thorough investigation into your concerns will be conducted and once this has been completed we will write to you again ..Enclosed is a copy of our complaints procedures for you information
, please take time to read this as it explains how we deal with you complaint and when we will contact you again .

30/5/2017 Creation

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
If w do not hear form you withing 72 hours we will have no alternative but to take further action without reference to you.

we are currently reviewing our options to take further action .

ignore ?? only got 72 hours to decide .

[Spent2much]

Re: spent2much UE diary

Type of account (credit card)mine

Date commenced (2003)

Approx balance (£1,756)

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 to halifax cc

4/8/12 halifax, cannot find original cca. terms and conditions sent to niddy



13/8/12 sent missing PT's to halifax
20/9/12 account assigned to Cabot 3/8/12

9/11/12 payment reminder from Cabot
9/11/12
from cabot
your account is overdue .
You agreed to make monthly repayments to cabot via a debt counsellor, but according to our records these payments have stopped .





We are aware that you are currently dealing with a debt counsellor, and we appreciate your cooperation in this matter.

We have conducted a review of your account and note that your debt counsellor has not yet made a repayment proposal, nor have you made any recent payments towards your account.

We understand that you are experiencing financial difficulties and that your debt counsellor will be making a repayment proposal shortly. However, we would like to offer you an alternative to hlep you be free of this debt within a few months.

OUR SOLuTION

We have already contacted your debt counsellor to advise them of our proposal to accept the lower amount of £1012.35 as full and final settlement of your account , and they may have already contacted you in this regard. If not, and you wish to take advantage of this settlement offer , please contact us within the next fourteen days.

The £1012.35 ideally needs to be paid over the next few weeks but if you do feel that you need more time then we can work with you to arrange this.

We hope you see our proposal as a solution to settle this account. However , should this not be feesible at this stage, we will be happy to continue to work with your debt counsellor to setup a repayment plan

6/02/2014 Cabot
6/02/2014 Cabot

YOU MUST CONTACT US

According to our records you currently owe £****** even though we have made repeated attempts (YES THEY HAVE TO MY MOBILE AND LANDLINE DAILY ) to obtain your commitment to repay this debt.

FIRST STEPS
It is important that you contact us. The balance is due and we have many ways in which we can help you clear this account.

It is important to take the first steps to repay this. No matter how small that is , it is still important to repay the money that is owed.

WHAT NEXT

One of our customer consultants can help you call 000000000
20/03/2014-
Cabot - we are sending your account to another debt collection company.

We have tried to work with you for some time now to help you repay your account .
Despite repeated attempts to contact you and asking you to talk to us about your account , we have still not heard from you.

We now have to start the next step recovery action. We are passing your account to Financial Investigations and Recoveries(Europe) Limited. They will receive our instructions within the next seven days.

We understand how difficult it can be to have a debt and we also understand how we can help you . We can only do that if you contact us.

If we do not hear from you then Financial Investigations and Recoveries(Europe) Limited will be in touch shortly to agree a repayment plan .





22/04/2014 Cabot

Notice of arrears

This notice is in compliance with the Financial Conduct Authority Consumer Credit Sourebook and is being sent to you because our records who that you are behind with your repayments under your agreement.

Missed and partly made payments

This notice does not give dteails of missed or partly made paymets previously notified whether or not they remain unpaid.

DEFAULT SUMS AND INTEREST

You will not incur any deault sums or extra interest in relation to the missed or partly mae payments indidcated above. This notice does not take account of any payments received after the date of the notice.

Financial Conduct Authority Information Sheet.

This notice should include a copy of the current information sheet on arrears prepared by the Financial Conduct Authority. This contains important information about your rights and whete to go for support and advice, for example , to thnk carefully before boroowing money to repay your debts, as well as our right to charge you interest.

Important Information

This is not a final demand for payment BUT A FORMAL SATUTORY NOTICE TO NOTIFY YOU THAT YOUR ACCOINT IS IN ARREARS . Where we have accepted a lesser amount than your normal contractual repayments, it is important that you continue to make these repayments. Our acceptance of a lesser repayment amount should not be construed as a variation of novation of the terms of your agreement. We have the merely relaxed the ters to suit your needs but at all times reserve the right to strictly enforce the terms if you do not keep up with your repayments

03/05/2014 marlin financial services.

threat of court action to obtain a CCJ if payment arrangement plan is not made within 7 days of the date of this letter 29/04/2014

03/03/2015 Marlin/Cabot group are now a part of Marlin financial services
Letter explaining that cabot (CCM)
We note that you are yet to agree a repayment plan with us for you account and we really need to hear from you so that we can talk about options .

15/07/2015 From Cabot . We refer to your request for a copy of your agreement and statement of account.
Please find enclosed a copy of both documents from the original creditor.

Please contact us by return with your payment proposals to clear the amount outstanding .



1/8/2015 sent missing p&t to cabot


SORRY THIS IS BLUE IT JUST WON'T CHANGE TO RED TO POST A REPLY FROM CABOT

6/8/2015 From Cabot

We write with reference to the above matter and your recent leter received in our office regarding the Agreement we previously sent to you .

Here is an overview of the requirements of section 127(3) of the CCA 1974. For a credit agreement to be enforceable it must contain the following prescribed terms.

1) amount of credit
There must be a term on the agreement which states the amount of credit which has been issued

2)Credit Limit
The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan)
3) repayments
The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following .
a. amount of repayments to be made
b.date the repayments are to be made
c.timing of payments
d.frequency of payments
e.total number of repayments (for instance, when a loan is required)
f.the manner in which any of the above is to be determined.

4) rate of interest
There must be a term referring to the rate of interest to be applied to the credit agreement.

credit cards
If you have a credit card then sections 2,3,and 4 apply to you .

We have highlighted the relevant sections in the terms and conditions of your agreement which confirms that the enclosed agreement is a true copy with the cca 1974 . The agreement also does provide your name and address .
Please contact us with your repayment proposals to clear the above outstanding balance.
If you wish to discuss the matter with one of our customer consultants , please call the telephone number ...............


15/08/2015 Cabot

Save £1,214.82 on your balance

Offer to pay £808.88 as a full and final payment .


23/01/2016 Cabot

We would like to help you take some positive steps towards repaying your balance.
If you are able to clear your account within the next few months , we can assess how much you can pay or we can even consider an affordable monthly repayment plan .

Your account may be showing on your credit file and this may affect your ability to obtain credit now and in the future . When you commence payments on your account, every payment you make will reduce the balance shown on your credit file. If you feel you can't make payments then it is important that you call us and explain this to us .

04/02/2016 Cabot - we have not heard from you

despite repeated attempts to contact you, we have been unable to gain your commitment to repay you debt .

the balance is due and we have advise you of several options that we are available,all of which are in an attempt to help you be free of this debt .

you can manage your account by repaying an amount on a monthly basis or make a proposal to clear your account at a reduced balance over several months.

you should be aware that this account may be on your credit file as an outstanding debt . whilst no payments are being made your balance remains the same . this may not just affect you now but in the future if you ant to obtain further credit such as a mortgage or credit card.

if you start making payments towards your account your balance will reduce, if you clear the account then your credit file will be updated to show that no balance is outstanding .

AS I WOULDN'T HAVE KNOW THAT LOL

19/02/2016 Cabot
Your outstanding balance -potential legal action

We were hoping to talk to you about your account since our last letter was sent, this is important as our letters have included options to help you repay your account.

A you have been unable to agree a reasonable repayment plan for your above debt your account has now been selected for possible legal action to recover the balance.

What legal action could mean?
OUr typical approach would be to instruct a solicitor to issue a claim for the amount due and to them an application for CCJ to issued against you.

This could result in additional cost to you ad affect your credit rating for a number of years

bla bla bla threat of earnings order , charging order

Next steps This s a serious matter and should legal action be determined t be a appropriate , you may incur legal costs on your account.

We would prefer to avoid legal action and rather arrange a repayment plan directly with you or talk through other options , however if you don't contact us int he 10 days we will proceed as highlighted above , so it is important that you contact us by Telephone email or our website.

9/3/2016 cabot

we write with reference to your letter requesting a 'true copy' of your credit agreement, to which you claim the one previously provided to be insufficient.

we have reviewed the application form,, which was complete prior to the Halifax pre approving your credit card and can confirm it is a a true copy duly signed furthermore, the terms and conditions are specific to the credit card application (copies enclosed ).

we have also enclosed a statement of account which commences from 2009 which confirmed you had the benefit of the funds in total of £2,202 outstanding at that time relating to your halifax credit card . the statement confirms you were making minimal payments between Feb 2009 and July 2012 when payments ceased .

we therefore conclude we have fully complied with your request and the documents provided are true copies as stated and the balance of 2.202 remains due .

we look forward to hearing from you with you payment proposals .


1/4/2016 Cabot

Thank you for paying in the past, we appreciate that you tried to repay your account . You still 2024 on your account that needs to be paid We would like to help you set up a repayment plan that will see you being free from this balance.

Don't let debt hang over you. We can talk you through our different options and find a solution that suit you.




15/4/2016 cabot

you need to make a new plan

you need to call us to a make a new plan for your account, if you let us know your budget, we can help you work out a repayment plan that suits your current situation.

There may be a very good reason why you couldn't continue your previous plan, we;d like to understand what changed so that we can guide you towards help.

If you are having problems financially there are organisations on the back of this letter that can help you.

call us

we will never ask you t pay more than you can afford. we understand bull. food and other essentials must come first. we will word around your budget and sure your next plan suits your situation .

2/6/2016 Cabot ,Tell us your budget , save £50 on your account when you update us with your current situation ad start repaying .

All you need to do is call us and fill in the budget form, we will make sure you can afford important thing like bills, food and your rent or mortgage then work out what spare money you have.

enclosed is a budget form .


3.03.2017cabot

we have tried to contact you to arrange payment of this account .

I&E to help me pay .
How can we help

Showing me plans that customers have such as this . Balance £1000 Expenses£800 Income £850 Remaining available £50.00

solution 1
Pay £41.67 per month = clear this account within 2 years

Solution 2

Pay £16.67 per month = clear this account within 5 years.

These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account.

update = ignoring

[Roger]

Re: spent2much UE diary

That's three MAY'S and you already have FREE MONEY ADVICE SERVICES (AAD). File and ignore.

[Spent2much]

Re: spent2much UE diary

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.



11/7/2016 Cabot

we are part of cabot credit management which has recently bought the account you held with Halifax. We are now responsible for helping you manage your account and receiving future payments .

we wan the repayment process to be as easy as possible for you Our commitment to help you is that we will make sure that the repayment plan is affordable , and we do this by

working closely with you to fully understand your current situation.
creating tailored solutions to suit you based on what you can afford .

21/7/2016 Cabot
we really want to help you. your balance of ****is still outstanding.
we understand you may not be able to pay - if you think this is the case we can help .

30/08/2016 Cabot - We have previously explained that there are several options available and we want to help you find the most suitable solution.

We need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan on this account and becoming free of this debt. If Yo're having difficulties in being able t pay then it is important you tell us.

Your account may be reported on your credit file and may affect your ability to obtain credit now and in the future. When you start making payments on your account you will begin to reduce the balance shown on your credit report .

3 simple steps .
Gather details of your income and expenditure call us on 1111111111

Work with us to agree an affordable repayment plan

If we do not hear from you will continue to contact you to help you resolve your outstanding balance.

21/10/2016 - Cabot We haven't heard from you
The balance is due and we have advised you of several options that available .
If we don't hear from you we will continue to contact you, so that can try and help you take steps towards being free of this debt .

18/02/2017 Cabot
You need to contact us about your balance with us, as it has been a while since we last heard from you .It is important that you speak t0 us about this account, even if you think you can't afford to repay it.

We are completely flexible around your budget . Simply fill out the enclosed budget form ad it will help you work out how much money you could spare per month on repaying your account . Return this to us, and we then can advise you on which option below might b be best for you .

options

pay in full
monthly repayments
discount


04/05/2017 Cabot
We have tried to contact you on several occasions so that we can , understand your financial situation and discuss a payment plan that is affordable and fair .

Because we have been unable to contact you, w are now going to instruct a company called Moorcroft to try to arrange a visit at your home , so they they can put you back in touch with us.

if you would prefer to speak to us directly then please call us withing the next 7 days.


LBG OWNED BY CABOT

Our cient has informed us that despite numerous attempts they have been unable to contact you to discuss your account. They have therefore passed your account o us to act as a collection agent.

This may involve our local representative calling at your home address. Please call us if there is a particular time or date when you would prefer our representative to call . Our representative's normal hours of operation are from 8.30am-3.30pm from Monday to Thursday . Friday's 8.am-6.30pm abd Saturday 8.30am-3.30pm . Appointments outside of these hours may be arranged upon request.

The purpose of this visit will be to assist you in establishing contact with our head office team by telephone. The visit does not involve any recovery of monies or possessions and is purely to help reconnect you to our head office team to establish your circumstances and discuss a route forward .

If however you would prefer to agree a repayment arrangement direct with our head office team to avoid a visit or you believe there is an outstanding query on the account , you must telephone us no later than 19/05/17.

If you genuinely can't afford to make any repayment , speaking with us may still help . We can guide you to free money advice services and our scheduled visit will still be cancelled .

update

[Spent2much]

Re: spent2much UE diary

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 communication 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

11/7/2016 Cabot

we are part of cabot credit management which has recently bought the account you held with Halifax. We are now responsible for helping you manage your account and receiving future payments .

we wan the repayment process to be as easy as possible for you Our commitment to help you is that we will make sure that the repayment plan is affordable , and we do this by

working closely with you to fully understand your current situation.
creating tailored solutions to suit you based on what you can afford .

21/7/2016 Cabot
we really want to help you. your balance of ****is still outstanding.
we understand you may not be able to pay - if you think this is the case we can help .


30/08/2016 Cabot - We have previously explained that there are several options available and we want to help you find the most suitable solution.

We need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan on this account and becoming free of this debt. If Yo're having difficulties in being able t pay then it is important you tell us.

Your account may be reported on your credit file and may affect your ability to obtain credit now and in the future. When you start making payments on your account you will begin to reduce the balance shown on your credit report .

3 simple steps .
Gather details of your income and expenditure call us on 1111111111

Work with us to agree an affordable repayment plan

If we do not hear from you will continue to contact you to help you resolve your outstanding balance.


21/10/2016 - Cabot We haven't heard from you
The balance is due and we have advised you of several options that available .
If we don't hear from you we will continue to contact you, so that can try and help you take steps towards being free of this debt

.18/02/2017 Cabot
You need to contact us about your balance with us, as it has been a while since we last heard from you .It is important that you speak t0 us about this account, even if you think you can't afford to repay it.

We are completely flexible around your budget . Simply fill out the enclosed budget form ad it will help you work out how much money you could spare per month on repaying your account . Return this to us, and we then can advise you on which option below might b be best for you .

options

pay in full
monthly repayments
discount

04/05/2017 Cabot
We have tried to contact you on several occasions so that we can , understand your financial situation and discuss a payment plan that is affordable and fair .

Because we have been unable to contact you, w are now going to instruct a company called Moorcroft to try to arrange a visit at your home , so they they can put you back in touch with us.

if you would prefer to speak to us directly then please call us withing the next 7 days.




LBG OWNED BY CABOT

Our cient has informed us that despite numerous attempts they have been unable to contact you to discuss your account. They have therefore passed your account o us to act as a collection agent.

This may involve our local representative calling at your home address. Please call us if there is a particular time or date when you would prefer our representative to call . Our representative's normal hours of operation are from 8.30am-3.30pm from Monday to Thursday . Friday's 8.am-6.30pm abd Saturday 8.30am-3.30pm . Appointments outside of these hours may be arranged upon request.

The purpose of this visit will be to assist you in establishing contact with our head office team by telephone. The visit does not involve any recovery of monies or possessions and is purely to help reconnect you to our head office team to establish your circumstances and discuss a route forward .

If however you would prefer to agree a repayment arrangement direct with our head office team to avoid a visit or you believe there is an outstanding query on the account , you must telephone us no later than 19/05/17.

If you genuinely can't afford to make any repayment , speaking with us may still help . We can guide you to free money advice services and our scheduled visit will still be cancelled .

update

[Spent2much]

Re: spent2much UE diary

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 communication 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

11/7/2016 Cabot

we are part of cabot credit management which has recently bought the account you held with Halifax. We are now responsible for helping you manage your account and receiving future payments .

we wan the repayment process to be as easy as possible for you Our commitment to help you is that we will make sure that the repayment plan is affordable , and we do this by

working closely with you to fully understand your current situation.
creating tailored solutions to suit you based on what you can afford .

21/7/2016 Cabot
we really want to help you. your balance of ****is still outstanding.
we understand you may not be able to pay - if you think this is the case we can help .


30/08/2016 Cabot - We have previously explained that there are several options available and we want to help you find the most suitable solution.

We need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan on this account and becoming free of this debt. If Yo're having difficulties in being able t pay then it is important you tell us.

Your account may be reported on your credit file and may affect your ability to obtain credit now and in the future. When you start making payments on your account you will begin to reduce the balance shown on your credit report .

3 simple steps .
Gather details of your income and expenditure call us on 1111111111

Work with us to agree an affordable repayment plan

If we do not hear from you will continue to contact you to help you resolve your outstanding balance.


21/10/2016 - Cabot We haven't heard from you
The balance is due and we have advised you of several options that available .
If we don't hear from you we will continue to contact you, so that can try and help you take steps towards being free of this debt

.18/02/2017 Cabot
You need to contact us about your balance with us, as it has been a while since we last heard from you .It is important that you speak t0 us about this account, even if you think you can't afford to repay it.

We are completely flexible around your budget . Simply fill out the enclosed budget form ad it will help you work out how much money you could spare per month on repaying your account . Return this to us, and we then can advise you on which option below might b be best for you .

options

pay in full
monthly repayments
discount

04/05/2017 Cabot
We have tried to contact you on several occasions so that we can , understand your financial situation and discuss a payment plan that is affordable and fair .

Because we have been unable to contact you, w are now going to instruct a company called Moorcroft to try to arrange a visit at your home , so they they can put you back in touch with us.

if you would prefer to speak to us directly then please call us withing the next 7 days.

update

[Roger]

Re: spent2much UE diary

See Strepsi
[ 20th October 2016, 12:29 #91 Strepsi
Re: Start of my diary

I think I may have received good news just now! Please don't burst my bubble.

Just received letter from Moorcroft regarding my Creation (4968.38).

Please find text from letter.
'Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with Creation Financial Services Ltd.

Upon investigation of your account, our client has advised their records show that unfortunately, a copy of the agreement is unavailable due to the age of the account. However, please find enclosed statements to show how the balance was accrued.

We hope this answers any queries you may have and as a result they believe the balance we hold to be correct and due for payment.

We have placed your account on hold until the the 18th November to allow you time to receive and respond to this letter'. Then waffle.

What do you think?

]

His was also like yours a CCA s.78 to creation financial services .

The response is more or less the same. I suspect that the Agreement cannot be found!!
As things stand with an Outstanding S.78 request this debt is UE!

Do not have any communication with them! Either in writing or at the phone. NOTHING !!

[Spent2much]

Re: spent2much UE diary

just ignore it ....I would

Will do thanks

[Deepie]

Re: spent2much UE diary

just ignore it ....I would

[Spent2much]

Re: spent2much UE diary

Don't know what to do with this one - I feel they are trying to get other half to reply which then makes him acknowledge the debt .

[nanna58]

Re: spent2much UE diary

x