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  • Re: spent2much UE diary

    Do not forget to Bill them for your time responding i.e. £ 20.00 per item sent to them, especially Account in Dispute letters, ? could be interesting?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • Re: spent2much UE diary

      Is this the sold while in dispute letter for overdrafts ?

      Account No/Reference No: XXXXXXXX
      Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.
      I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).
      As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines.
      Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that you, as a creditor / debt collection agency will be aware, the OFT has stipulated the following;
      Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:
      • a copy of their agreement
      • copies of some of the other documents mentioned in their agreement
      • a statement of account.

      If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
      • make the debtor pay the debt before they're supposed to
      • get a court judgment against the debtor

      As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.
      Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
      Yours faithfully,

      Sign Digitally
      _______________________________________



      Comment


      • Re: spent2much UE diary

        Originally posted by Spent2much View Post
        Is this the sold while in dispute letter for overdrafts ?
        No, that one constantly mentions ss. 77-79, so will be no good for overdrafts.

        The templates are all about to be rewritten, but for now I would suggest sending this one, from an earlier post on this thread -

        allaboutFORUMS - View Single Post - spent2much UE diary

        SH

        Comment


        • Re: spent2much UE diary

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

          Date commenced (2003)

          Approx balance (£525)

          Date last paid (22 June 2012)

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

          Status (default/cca being sent )

          Account owner (HBOS) think it was originally with Loydstsb
          9/7/12 cca request
          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 payment 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


          24/12/12 from Halifax

          As we haven't been able to agree a suitable repayment plan we've transferred your HALIFAX debt to . drydensfairfax solicitors, We've instructed to arrange collection of the outstanding amount.



          31/12/12 drysdensfairfax solicitors

          Our client Halifax a division of bank of scotland plc

          We are solicitors instructed by our client , Halifax to obtain immediate repayment of amount due of £525.20 or to take appropriate recovery action should you fail to pay.

          You must make an immediate payment of £525.20 or telephone us today on 0133 823 3892 to agree a satisfactory solution to this matter. Payment methods are provided on reverse of this letter.

          Please not that if payment is not received by 5th Jan 2013, we have authority to commence legal proceddings through the court. If this action becomes necessary, there will be costs incurred for which you may become liable.

          Please do not underestimate the seriousness of this matter. It is most important that you make payment or contact us as a matter of urgency .


          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.

          09/03/2013 from Halifax

          As we haven't been able to agree a suitable repayment plan, we've transferred your current account 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.

          12/03/2013 from Robinson Way

          IMMEDIATE ACTION REQUIRED

          This is a notice about your unpaid account which is in our hands to collect.
          We are autorised to negotiate repayment of the account with you.

          ACT NOW !
          Call us without delay to pay using your debit card , or pay online

          TELL US
          Please tell us if you cannot pay in full-we will agree an affordable payment plan that you can keep up with .

          TAKE NOTICE!
          If you fail to pay and neglect to deal with this account further action may be taken to recover the amount due.

          WE CAN HELP ! Call if you need advice, we will listen and do our best to help .

          I had an account sold while in dispute letter ready to post on the 19th March, but my family have been ill with a stomach bug I was looking after my grandson while his parents recovered then my son and husband had it so I forgot to post it , I am going to post it tomorrow .
          update
          _______________________________________



          Comment


          • Re: spent2much UE diary

            Originally posted by Spent2much View Post
            I had an account sold while in dispute letter ready to post on the 19th March, but my family have been ill with a stomach bug I was looking after my grandson while his parents recovered then my son and husband had it so I forgot to post it , I am going to post it tomorrow .
            That won't be a problem. No need to worry about Robbingscum NoWay. You could almost wait now until the next silly letter before sending it, but it is probably better to make initial contact just so they know where they stand.

            SH

            Comment


            • Re: spent2much UE diary

              Originally posted by ScabHunter View Post
              That won't be a problem. No need to worry about Robbingscum NoWay. You could almost wait now until the next silly letter before sending it, but it is probably better to make initial contact just so they know where they stand.

              SH

              morning SH thank you i will send the letter tomorrow its ready to go anyway .
              _______________________________________



              Comment


              • Re: spent2much UE diary

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

                Date commenced (2004)

                Approx balance (£580)

                Date last paid (22 June 2012)

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

                Status (default/cca being sent )

                Account owner ( oQor)
                9/7/12 cca sent
                30/08/2012 threatogram doorstep visit

                03/09/2012 sent doorstep threatogram letter

                12/11/2012

                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

                We previously contacted you 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 of the outstanding balance.

                To stop this action you must call us immdedately.

                if you contact us we may be able to agree a repayment plan or a discounted settlement figure.

                Please be assured that if you don't contact us we will continue to pursuee this deebt.

                from WMD.

                ( strange how only 3 days ago they were writing to tell hubby they are passing this back to the original creditor ) i think they need to make their minds up .

                27/03/2013 from WMD
                This letter is dated 22 nd march 13

                I am disappointed to note that we have still not heard from you regarding the payment of your debt. The amount you still owe is detailed above .

                Your options are now:
                1. Pay the amount in full within 72 hours by either using the giro slip below or call us to make a debit card payment, or
                2. Telephone us to agree a repayment plan.

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

                shall i ignore this ?
                update
                _______________________________________



                Comment


                • Re: spent2much UE diary

                  Originally posted by Spent2much View Post
                  shall i ignore this ?
                  It is so utterly puerile and stupid that I would do that, yes.

                  SH

                  Comment


                  • Re: spent2much UE diary

                    Originally posted by ScabHunter View Post
                    It is so utterly puerile and stupid that I would do that, yes.

                    SH
                    Absolutely - demanding payment in 7 days is pushing things but 72 hours is just a nonsense. Its a BS letter that sounds like the desperate attempt it is to get someone to call the drones so they can be bullied and threatened.

                    If they're prepared to put such drivel in writing then you know the sort of BS that would be spouted by the threat monkeys, sorry 'specialist payment advisors' should you contact them by phone.

                    Best
                    SnV
                    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                    The consumer is that sleeping giant.!!



                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • Re: spent2much UE diary

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

                      Date commenced (2003)

                      Approx balance (£467

                      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 (Capitol one)

                      9/7/12 cca request
                      1/9/12 account passed to Fredrickson's
                      21/9/12 Fredrickson demanding payment
                      24/9/12 sold in dispute letter also copy sent to Cap One
                      6/10/12 account on hold while they refer back to Cap one.
                      10/10/12 Fredrickons saying their client has complied with the cca on 16/7/12)not received a thing)
                      12/10/12 threat of court action
                      15/10/12 threatogram sent letter before action
                      22/10/12 threat before action postcard advised threatogram letter again

                      24/10/12 Fredrickson They have rreferred the account back to Cap One no longer instructed to deal with it.


                      11/01/13
                      from cap one letter scanned

                      24/01/13 sent a one liner asking them to re-send the two letters they said they sent me July 12 and oct 12.
                      08/02/2013 from Cap one

                      Thank you for your recent letter.

                      I would like to be able to help you with your query, but unfortunately you did not sign your letter. To enable me to answer your query, please write to us at the address below including and example of your signature and your 16 digit account number as a reference:

                      Alternatively , you can call one of our specialist account managers who will go though a security check with you and answer your query immediatley.
                      I'm sorry for the inconveience this may cause you. I realise how frustrating it to have to go to the trouble of contacting us again. However , we need to do this to protect the security of your account and personal details.

                      what a load of crap , if they said they sent me the cca twice before or whatever they are referring to without a signature then why now ? i don't believe they sent anything and do they think we are that stupid to send them a signature :

                      02/03/2013 from Bryan Carter solicitors LLP

                      We write with regard to this outstanding debt.

                      Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

                      Should proceeddings be issued, additional charges will be added to the existing balance as shown below.

                      Outstanding balance £467.90
                      Interest £ 37.90
                      Court fees £ 30.00
                      Solicitors Costs £ 50.00
                      New Balance £ 585.33 if proceedings are issued.

                      If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.

                      Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 000000000

                      This is a serious matter and you wish to seek independent legal advice.


                      08/03/2013 from Bryan Carter solicitors

                      We write further to your letter dated 4 March 2013, the contents of which we note.

                      We believe that our client has complied with the Pre-Action Protocol so far as it applies to this matter.

                      For the avoidance of doubt however the monies due may be paid to our client's debt collection agents, Fredrickson International Limited, by direct debt, bank standing order, cash, cheque, debit card, payment card or postal order. Please see Fredrickson International Limited's notepaper for details of their address ad telephone number.

                      You may contact us between .....bla bla bla

                      We confirm that a list of organisations where independent advice could be obtained was provided on the overleaf of Fredricksons notepaper.

                      In relation to your request for documents, it is our client's policy to provided agreements to its customers at the point of contract and statements throughout and therefore you have already been provided with validation of the debt.

                      Our client confirms that they have fulfilled their obligations under section 78 of the consumer credit act 1974 in their letter to you dated 16 July 2012 and the debt remains enforceable .

                      At this time we have no instructions to litigate this account, however if Fredrickson International Limited does not hear from you with your payment proposals by 21 March 2013 we will seek further instructions from our client.

                      28/03/13 from Fredrickson International

                      Despite a recent letter from Bryan Carter Solicitors you have failed to discharge your debt with our client Capital One (Europe) plc. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a clam at:
                      000 Nowhere street
                      Uk

                      At this late stage, and as a gesture of goodwill, we are prepared to accept a full and final settlement on this account provided that you contact on 000000000 within 48 hours of creeipt of this letter.

                      Please note that on settlement of a debt, whether fully or partially settled, the original history will remain on your credit file. If there is a default registered on your file and you pay a final settlement the defualt will be amended to reflect that it has been partially settled and your credit file will be improved . This information will remain on your file for six years from the date the default was registered.
                      update
                      Last edited by Spent2much; 6 April 2013, 10:58.
                      _______________________________________



                      Comment


                      • Re: spent2much UE diary

                        I would be inclined to send a copy of your LBA template to Carters with a one liner referring them to it. Copy to Fredricksons

                        Comment


                        • 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 .


                          22/02/2013 from Moorcroft

                          DISCOUNT OFFER

                          Our records show that despite our previous letter you have failed to make any payment to us and therefore your account has now been passed to our Home Collections Division for action.

                          This may involve our local representative calling at your home address in the near future to try to seek to establish how you propose to settle the balance outstanding.

                          Our client is aware of the difficult financial circumstnaces that a number of their customers are currently experiencing and as a result they have authorised us to consider a discounted settlement figure against the above listed debt.

                          Depending on your circumstances, we may be able to offer you :

                          REDUCTION OF UP TO 20% SUBJECT TO YOUR PERSONAL CIRCUMSTANCES .

                          GREATER DISCOUNTS MAY B AVAILABLE TO YOU AND CAN OFTEN VARY, DEPENDENT ON YOUR CURRENT CICUMSTANCES.

                          THE OPTION OF PAYING THE AGREED SETTLEMENT FIGURE OVER A PERIOD OF 3 MONTHS SUBJECT TO TERMS AND CONDITIONS.

                          This offer is available for a period of seven days from the date of this letter.


                          30/ 03/13 from Moorcroft

                          discount offer

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

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



                          ignore ?
                          update
                          _______________________________________



                          Comment


                          • Re: spent2much UE diary

                            Yes!
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • Re: spent2much UE diary

                              Originally posted by Spent2much View Post
                              update


                              Moorcroft begging letter!
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • Re: spent2much UE diary

                                Indeed, ignore.

                                Comment

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