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  • Re: spent2much UE diary

    Originally posted by Pixie View Post
    Simply Be - I'd ignore

    Husband's OD - I'd send a one-liner referring to your letter of 18/05/13

    Joint OD I would send SH's OD SWID letter (it's somewhere in your diary)

    Argos - up to you whether you just ignore or send Final Response - UE (No CCA Received) - allaboutDEBT UK.

    Like SXGuy says, keep that letter very safe!

    Thanks, i am wondering though if drysdenfairfax are pulling a fast one here as i know they received the 2nd sold while in dispute letter 22nd May .
    _______________________________________



    Comment


    • Re: spent2much UE diary

      Yes, I agree with everything Pixie has said here. That's an extremely useful post in just five lines!

      Here is a link to the amended SWID letter, in case you can't find it -

      allaboutFORUMS - View Single Post - spent2much UE diary

      Personally, I'd ignore the Argos one and probably send the final response a bit later on, but either way is valid.

      I was also pleased to read about the judge in the DF case – that is a lot more reasonable an outcome than before. You're doing well, S2M, and you're obviously in a lot better position than when you first joined the site. I hope life is treating you well in other ways.

      SH

      EDIT - I've just seen the concern over DF ignoring the SWID letter. That is a pathetic letter they have sent, and certainly not a proper Letter Before Action. In any case, if they've signed for the SWID letter then you will be able to prove that it was sent, and that they should be responding to it.
      Last edited by ScabHunter; 24 May 2013, 18:24. Reason: Full moon

      Comment


      • Re: spent2much UE diary

        Originally posted by ScabHunter View Post
        Yes, I agree with everything Pixie has said here. That's an extremely useful post in just five lines!

        Here is a link to the amended SWID letter, in case you can't find it -

        allaboutFORUMS - View Single Post - spent2much UE diary

        Personally, I'd ignore the Argos one and probably send the final response a bit later on, but either way is valid.

        I was also pleased to read about the judge in the DF case – that is a lot more reasonable an outcome than before. You're doing well, S2M, and you're obviously in a lot better position than when you first joined the site. I hope life is treating you well in other ways.

        SH
        thank you SH it really is a good result concerning the charge on the house, things are going really well for now and we are enjoying life again . It's almost a year since i joined here and yes i am a stronger person i no longer get stressed with letters from dca because i have everyone here to help and it is the best thing i did joining here
        _______________________________________



        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 sent
          28/9/12 from Halifax account sold to BLS 3/8/12

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

          14/11/12 pay today reminder

          13/12/12
          from BLS

          Please find enclosed a statement of account as requested.

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

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


          28/12/12 from moorcroft

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

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

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

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

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


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

          23/01/13 from Moorcroft
          MONTHLY INSTALMENT OFFER


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



          22/02/13 from Moorcroft

          DISCOUNT OFFER installments .


          30/ 03/13 from Moorcroft

          discount offer

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

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



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


          07/05/13 Westcot

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

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

          TO AVOID WESTCOT TAKING FURTHER , YOU MUST

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

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

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

          Please do not ignore this letter as this could result in further action being taken to recover the debt .
          18/05/2013 sent westcot SWID letter
          31/05/13 Westcot

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

          We will suspend all collections activity on the above account whilst the matter is under investigation.This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.
          update
          Last edited by Spent2much; 31 May 2013, 10:48.
          _______________________________________



          Comment


          • Re: spent2much UE diary

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

            Date commenced (2003)

            Approx balance (£248)

            Date last paid (22 June 2012)

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

            Status (default/cca being sent )

            Account owner (HBOS)

            9/7/12 cca request sent

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

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

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

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

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

            Please do not ignore this letter as this could result in further action being taken to recover the debt .
            18/05/2013 westcot SWID letter
            31/05/13 Westcot

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

            We will suspend all collections activity on the above account whilst the matter is under investigation.This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.
            update , although i can't recall sending any letter of dispute as yet

            correction i have four accounts with the Halifax and was confused took the wrong account out of the files so , yes they received a ASWD letter 18/05/2013
            Last edited by Spent2much; 31 May 2013, 10:47.
            _______________________________________



            Comment


            • Re: spent2much UE diary

              I would ignore both and wait and see what they send next.
              Let your smile change the world but don't let the world change your smile


              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 Pixie View Post
                I would ignore both and wait and see what they send next.
                thank you
                _______________________________________



                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 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.


                  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.



                  12/03/2013 from Robinson Way
                  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.
                  update, obviously they ignored my SWID letter .

                  They won't be ignoring the one they receive from the District Judge telling them he has ordered that the charge is now £5 a month instead of £17 : : : :, but that's another story :

                  04/06/2013 sent letters of complaint to drysden fairfax and robinson way

                  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,
                  Last edited by Spent2much; 4 June 2013, 08:58.
                  _______________________________________



                  Comment


                  • Re: spent2much UE diary

                    Even though this is a template which I've seen many times before, it does represent a serious threat from a solicitor and needs to be dealt with properly. It really needs a bespoke response to the solicitor, and I would think a formal complaint to Robbingscum NoWay at the same time would also be a good idea.

                    Do you want me to draft something out for you?

                    SH

                    Comment


                    • Re: spent2much UE diary

                      Originally posted by ScabHunter View Post
                      Even though this is a template which I've seen many times before, it does represent a serious threat from a solicitor and needs to be dealt with properly. It really needs a bespoke response to the solicitor, and I would think a formal complaint to Robbingscum NoWay at the same time would also be a good idea.

                      Do you want me to draft something out for you?

                      SH
                      yes please SH,
                      _______________________________________



                      Comment


                      • Re: spent2much UE diary

                        Originally posted by Spent2much View Post
                        yes please SH,
                        OK. I can't say exactly when I'll be able to do it, as I've got a busy couple of days. I'll try to get it done when I can.

                        If there is anything else I need to know about this case, please post it below.

                        SH

                        Comment


                        • Re: spent2much UE diary

                          Oh, what the hell! Who needs sleep anyway? I'd only have spent the next few hours dreaming about a beautiful lady, and that won't get these idiotic pseudo-licitors to crawl back into their cesspit.

                          I would send this to DF -

                          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,


                          SH

                          Comment


                          • Re: spent2much UE diary

                            Originally posted by ScabHunter View Post
                            Oh, what the hell! Who needs sleep anyway? I'd only have spent the next few hours dreaming about a beautiful lady, and that won't get these idiotic pseudo-licitors to crawl back into their cesspit.

                            I would send this to DF -

                            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,


                            SH
                            wow thank you i will send these today .

                            Hope you managed to get some sleep
                            _______________________________________



                            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 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.


                              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.



                              12/03/2013 from Robinson Way
                              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 by 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,
                              update
                              _______________________________________



                              Comment


                              • Re: spent2much UE diary

                                Nice letter to Robinson Way - should make them think if nothing else.

                                If they don't have the capacity to think then you're giving them some rope for them to hang themselves - I love it when that happens!
                                "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.!!



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