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  • 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
    28/9/12 account passed to BLS 3/8/12
    received today 26/10/2012


    Repayment Plan Arrears £***

    We are contacting you about the above account as the repayment plan you agreed is still overdue.

    We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
    If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

    If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.
    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
    from BLS it is 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 transferred your HALIFAX debt to dect collection agency. Moorcroft Group Plc, We've instructed Moorcroft Group Plc to arrange collection of the outstanding amount.

    Please contact Moorcroft as soon as possible to pay back the outstanding blalance.

    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

    To prevent possible further debt recovery action, please send your payment proosal before 15/01/13 or telephone 00000000 within the next 7 days.

    If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our clients that they consider possible further debt recovery action against you, which may follow.

    23/01/13 from Moorcroft

    MONTHLY INSTALMENT OFFER

    As we have not received any communication from you with regards to your outstanding account, we feel that you may not be in a postion to meet our repuests to clear the account in full.

    In order to stop our recommending to our clients that further debt recovery action is taken we can confirm that we would be prepared to accept a sensible monthly repayment plan that you can afford to maintain.
    An illustration of the kind we would be prepared to accept would be £20.00 per month , which would clear your balance in 13 months.

    If you wish to take advantage of this repayment opportunity please
    contact our offices
    Our advisors will also explain to you the payment metiods that we offer direct debit postal payments, online payments etc.

    Failure to respond within the next 7 days may leave us with no option but to recommend to our clients that they consider taking further debt recovery action against you .

    08/02/2013 from midascreditservices

    We are part of the Moorcroft Group and are aware that you have failed to reach a repayment agreement with Morrcroft debt recovery ltd concerning the above account.

    As no agreement has been reached we have now been asked to review your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:
    *continue in our attempts to contact you by letter and phone.
    *referral to our home collection division to instruct a local rep to arrange to call at your home address.
    *the possible continued reporting of an adverse entry on your credit file.
    *recommendation to our client that they consider arranging for legal action to be taken.

    To prevent possible further action you must contact moorcroft
    failure to contact moorcroft by the 13/02/13 may result in the recommendation of one of the above steps without further notice .
    update
    _______________________________________



    Comment


    • Re: spent2much UE diary

      From what you've given us above, we can see what they've sent to you, but not what you've sent to them. We really need to see that to know what to do here. If an A/C Sold in Dispute letter was sent to Moroncrap at some stage, then I would just send a one liner referring them back to that. Enclose a copy of the letter to avoid any potential wriggling with them claiming to be a “different organisation”.

      SH

      Comment


      • Re: spent2much UE diary

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

        Date commenced (2003)

        Approx balance (£520)

        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 request from moorcroft for £1
        16/7/12 sent them a £1 postal order
        1/8/12 moorcroft sent postal order back saying it needs to be sent and written out to Lloydstsb
        14/11/12 moorcroft asking for payment or may start legal proceedings.
        Letter from Moorcrof today, say they need a £1 before they can process mt request .
        this is an overdraft account i thought no £1 payment was needed

        14/11/2012

        Our records show that we have not received a payment from you since 02/08/12.

        We must therefore ask you to make an immediate payment to us or contact this office within the next 48 hours.

        Unless payment of this amount is received in the next 7 days we may remommend to our client that we take further debt recovery action against you without further notice.


        Neither we nor our client wish to take this step and if you call us on the above number we would be happy to agree a repayment plan that you can afford and maintain.

        Any payment may be attached to this letter and made payable to Moorcroft debt Recovery Ltd.

        Yours sincerely.

        30/11/2012
        from Moorcroft

        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 your are dealing with us via a third party, If this is still the case please contact them concerning this matter as soon as possible to clarify the position.If however, you are no longer dealing with this third party organisation please contact our call centre directly.

        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 recovery action against you.

        Please could you either you or your representative contact us no later than 06/12/12

        21/1/13 from LloydsTsb

        As we haven't been able to agree a suitable repyment plan, we'v transferred your accoun to a dca Robinson way.
        We've instructed Robinson Way to arrange collection of the outstanding amount.

        Please contact Robinson Way asap to arrange to pay back the outstanding balance. Ther full contact details are below


        24/01/13 from robbers way
        do not ignore they have authorised to recover this debt in full by thir client , if do not pay or agree a payment plan they may advise their client to start court action if court considers our failure to pay to be due to neglect , an order for payment may be made, if we fail to pay in accordance with a court payment order the following may occur.

        *an application is made to court to enforce repayment
        *futrue credit , especially mortgages will be difficult to obtain
        *this account may continue to worry us .

        unpaid debts don't just go away or get forgotten no matter how much people want that to happen. Call now to pay or agree a payment plan, if you prefer to deal with this online at http://www.***************



        28/1/13 sent account sold while in dispute letter

        1/2/13 from Robbers way

        Your account has been passed to me for review. I am concerned that an affordable payment plan has not been agreed for payement of your account.

        i want to make it simple for you to pay your account. Start to pay this account by making a MONTHLY PAYMENT OF JUST £30,(on due day of your choice), this can be agreed simply and quickly in one phone call to us. Or if you prefer, set the direct debit up online at http://www.robway.co.uk

        If that is not affordable we need to hear from you, call us now, or email us at payline@robinson-way.com. Your circumstances will be considered.



        If an affordable payment plan is not agreed with you, I will have no alternative but to pass your account for further action. Once your account leaves my hands there will be little more i can do to help you.


        collections manager.

        7/02/2013 from robbers way
        please note we have noted the dispute/query you have raised.

        We will make the necessary enquiries and you let you know the outcome in dure course.

        In the meantime we will stop all collections activity for this account.
        Please let us know if we can assist furhter.

        11/02/2013 from Lloyds TSB (there is no account number on the letter so i am guessing it is for this account)

        Thank you for your recent contact.

        Unfortunatley we have unable to action your request as it is not signed.

        Please resend your letter signed and we will be happy to deal with your request.

        I'm sorry for any inconvenience that this may cause. If you have any queries about this, please do get intouch. My number is at the top of this letter.



        [/QUOTE]


        update

        13/02/13
        sent
        CCA Request - Demand of Signature to Lloyds tsb
        Last edited by Spent2much; 13 February 2013, 10:37.
        _______________________________________



        Comment


        • Re: spent2much UE diary

          Originally posted by Spent2much View Post
          update
          So, this is a phishing attempt to gain a signature. I'll leave you to work out what the purpose might be.

          Was the request sent to the original creditor in the first place? It looks from what you have printed above that it was sent to the DCA.

          Anyway, just send them this in response -

          Our Templates | Unenforceability Templates | CCA Request - Demand of Signature by Creditor

          In the second line of the third paragraph, "7th principal" should be "7th principle". I've tried to post a message on there but the system just goes nuts.

          SH

          Comment


          • Re: spent2much UE diary

            Originally posted by ScabHunter View Post
            So, this is a phishing attempt to gain a signature. I'll leave you to work out what the purpose might be.

            Was the request sent to the original creditor in the first place? It looks from what you have printed above that it was sent to the DCA.

            Anyway, just send them this in response -

            Our Templates | Unenforceability Templates | CCA Request - Demand of Signature by Creditor

            In the second line of the third paragraph, "7th principal" should be "7th principle". I've tried to post a message on there but the system just goes nuts.

            SH
            Thanks, yes obviously they want hubby's signature to bodge a cca and they won't get one, if they keep insisting i know there is one on here that he can print and send which makes impossible for them to use

            Thanks, will send that wednesday
            _______________________________________



            Comment


            • Re: spent2much UE diary

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

              Date commenced (2005) i put 2005 but they may be before this also

              Approx balance.( £940.66

              Date last paid (22/06/2012)

              Are you on arrangement or not paying (stopping dmp )

              Status ( i believe a default was received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

              Account owner ( Barclaycard)

              9/7/12 sent cca request
              4/8/12 letter saying looking for original agreement

              12/02/2013 from barclaycard

              cca recon sent to niddy
              update
              _______________________________________



              Comment


              • Re: spent2much UE diary

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

                Date commenced (2005) i put 2005 but they may be before this also

                Approx balance.( £2,242.71

                Date last paid (22/06/2012)

                Are you on arrangement or not paying (stopping dmp )

                Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

                Account owner (originally monument but passed to Barclaycard )

                9/7/12 sent cca request
                27/7/12 letter saying they are dealing with request

                12/02/2013 from barclaycard

                cca recon sent to niddy
                update
                _______________________________________



                Comment


                • Re: spent2much UE diary

                  Don't trust the CCA from Barclaycard, they sent me one, when I did not request it, to prove that they had a valid agreement! No they didn't, already had a copy of original application, unsigned by Barclays following subject access request.
                  Barclaycard break every rule in the book!
                  They WILL, lie to you, deceive you, mislead you, and if you have an account with them, they will thieve from you.
                  This company is not to be trusted!
                  Just treat anything that they send as UE.

                  Comment


                  • Re: spent2much UE diary

                    Originally posted by Enforcer View Post
                    Don't trust the CCA from Barclaycard, they sent me one, when I did not request it, to prove that they had a valid agreement! No they didn't, already had a copy of original application, unsigned by Barclays following subject access request.
                    Barclaycard break every rule in the book!
                    They WILL, lie to you, deceive you, mislead you, and if you have an account with them, they will thieve from you.
                    This company is not to be trusted!
                    Just treat anything that they send as UE.
                    hi,
                    Thanks i don't trust them , I am waiting for niddy to get back to me as think both will be unenforceable

                    I don't have an account with them either .
                    _______________________________________



                    Comment


                    • Re: spent2much UE diary

                      Originally posted by ScabHunter View Post
                      From what you've given us above, we can see what they've sent to you, but not what you've sent to them. We really need to see that to know what to do here. If an A/C Sold in Dispute letter was sent to Moroncrap at some stage, then I would just send a one liner referring them back to that. Enclose a copy of the letter to avoid any potential wriggling with them claiming to be a “different organisation”.

                      SH
                      concerning allaboutFORUMS - View Single Post - spent2much UE diary

                      It is exactly as written i haven't sent anything other that the od cca request and i write everything down and keep it in file and have checked to make sure .
                      _______________________________________



                      Comment


                      • Re: spent2much UE diary

                        Originally posted by Spent2much View Post



                        28/1/13 sent account sold while in dispute letter

                        1/2/13 from Robbers way

                        Your account has been passed to me for review. I am concerned that an affordable payment plan has not been agreed for payement of your account.

                        i want to make it simple for you to pay your account. Start to pay this account by making a MONTHLY PAYMENT OF JUST £30,(on due day of your choice), this can be agreed simply and quickly in one phone call to us. Or if you prefer, set the direct debit up online at http://www.robway.co.uk

                        If that is not affordable we need to hear from you, call us now, or email us at payline@robinson-way.com. Your circumstances will be considered.



                        If an affordable payment plan is not agreed with you, I will have no alternative but to pass your account for further action. Once your account leaves my hands there will be little more i can do to help you.


                        collections manager.

                        7/02/2013 from robbers way
                        please note we have noted the dispute/query you have raised.

                        We will make the necessary enquiries and you let you know the outcome in dure course.

                        In the meantime we will stop all collections activity for this account.
                        Please let us know if we can assist furhter.

                        11/02/2013 from Lloyds TSB (there is no account number on the letter so i am guessing it is for this account)

                        Thank you for your recent contact.

                        Unfortunatley we have unable to action your request as it is not signed.

                        Please resend your letter signed and we will be happy to deal with your request.

                        I'm sorry for any inconvenience that this may cause. If you have any queries about this, please do get intouch. My number is at the top of this letter.




                        update

                        13/02/13
                        sent
                        CCA Request - Demand of Signature to Lloyds tsb
                        [/QUOTE]


                        update
                        _______________________________________



                        Comment


                        • Re: spent2much UE diary

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

                          Date commenced (2005) i put 2005 but they may be before this also

                          Approx balance.( £2,242.71

                          Date last paid (22/06/2012)

                          Are you on arrangement or not paying (stopping dmp )

                          Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

                          Account owner (originally monument but passed to Barclaycard )

                          9/7/12 sent cca request
                          27/7/12 letter saying they are dealing with request

                          12/02/2013 from barclaycard

                          cca recon sent to niddy

                          sending missing pt's 13/02/13

                          update
                          _______________________________________



                          Comment


                          • Re: spent2much UE diary

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

                            Date commenced (2005) i put 2005 but they may be before this also

                            Approx balance.( £940.66

                            Date last paid (22/06/2012)

                            Are you on arrangement or not paying (stopping dmp )

                            Status ( i believe a default was received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

                            Account owner ( Barclaycard)

                            9/7/12 sent cca request
                            4/8/12 letter saying looking for original agreement

                            12/02/2013 from barclaycard

                            cca recon sent to niddy
                            sending missing pt's today

                            update
                            _______________________________________



                            Comment


                            • Re: spent2much UE diary

                              Originally posted by Spent2much View Post
                              update
                              Good old Sharklaycard. Even when they get to Blue Peter an agreement they still can't make it compliant.

                              A pound to a penny the original won't exist either.

                              So far, so good.

                              SH

                              Comment


                              • Re: spent2much UE diary

                                Originally posted by Spent2much View Post
                                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.


                                update
                                _______________________________________



                                Comment

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