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  • 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 .

    31/05/13 Westcot

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

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

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

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



    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 .

      31/05/13 Westcot

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

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

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

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



      Comment


      • Re: spent2much UE diary

        Another idiotic template that I've seen many times before.

        I hate to say it, S2m, but I'm finding it pretty much impossible again to know what to suggest, due to the fact that the above post only contains incoming letters. There is no blue on there apart from the initial CCA request. Without knowing which letters you've sent, and when, it is impossible to know what to refer them back to.

        In any case, let them run the 14 days off the clock and then resume their “collection activity”, and at that point refer them back to the previous dispute.

        SH

        Comment


        • Re: spent2much UE diary

          Originally posted by ScabHunter View Post
          Another idiotic template that I've seen many times before.

          I hate to say it, S2m, but I'm finding it pretty much impossible again to know what to suggest, due to the fact that the above post only contains incoming letters. There is no blue on there apart from the initial CCA request. Without knowing which letters you've sent, and when, it is impossible to know what to refer them back to.

          In any case, let them run the 14 days off the clock and then resume their “collection activity”, and at that point refer them back to the previous dispute.

          SH
          thank you, i did miss something which i have now update, i have six accounts with the Halifax and must have forgot to update this one, it is important to keep them up to date so i will try .
          _______________________________________



          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

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


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

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

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

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


            18/05/2013 sent OD SWID to westcot

            31/05/13 Westcot

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

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


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

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

            If in the event you believe you still have a valid dispute , please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection
            i have updated in blue as i did miss something out
            _______________________________________



            Comment


            • Re: spent2much UE diary

              Originally posted by Spent2much View Post
              i have updated in blue as i did miss something out
              Excellent! Thanks for that, as it makes it so much easier for us to see what needs to be done. They haven't dealt with any of the issues raised in the previous letter, so I would just refer them back to it. Something like this -

              "Dear Sirs,

              I am in receipt of your letter dated xxth June 2013, and note with regret that it appears to be a machine produced template, instead of a properly written attempt to deal with the outstanding issues raised in my own communication. You state that your “clients have advised that the above balance is correct and due for payment”, without giving any reasons for this assertion, or making any reference to the points which I have previously raised. Plainly, this is entirely unacceptable.

              You also state that “They state that the above balance relates to a current account, therefore no credit agreement is available”, yet none of the points raised in my previous letter relate to credit agreements. The documentation which your clients have a statutory requirement to provide, and which they have persistently failed to provide, is detailed clearly in this previous letter.

              I therefore refer you once again to my letter of 18th May 2013, and ask you this time to deal with the issues which are raised therein.

              Yours Faithfully,"


              If you decide to send this, or something similar, don't forget to let the 14 days run off the clock first!

              SH

              Comment


              • Re: spent2much UE diary

                Originally posted by ScabHunter View Post
                Excellent! Thanks for that, as it makes it so much easier for us to see what needs to be done. They haven't dealt with any of the issues raised in the previous letter, so I would just refer them back to it. Something like this -

                "Dear Sirs,

                I am in receipt of your letter dated xxth June 2013, and note with regret that it appears to be a machine produced template, instead of a properly written attempt to deal with the outstanding issues raised in my own communication. You state that your “clients have advised that the above balance is correct and due for payment”, without giving any reasons for this assertion, or making any reference to the points which I have previously raised. Plainly, this is entirely unacceptable.

                You also state that “They state that the above balance relates to a current account, therefore no credit agreement is available”, yet none of the points raised in my previous letter relate to credit agreements. The documentation which your clients have a statutory requirement to provide, and which they have persistently failed to provide, is detailed clearly in this previous letter.

                I therefore refer you once again to my letter of 18th May 2013, and ask you this time to deal with the issues which are raised therein.

                Yours Faithfully,"


                If you decide to send this, or something similar, don't forget to let the 14 days run off the clock first!

                SH
                Thank you i will wait the 14 days and send this
                _______________________________________



                Comment


                • Re: spent2much UE diary

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

                  Date commenced (2003)

                  Approx balance (£1,124)

                  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 (simply be) now with jd williams
                  9/7/12 cca request sent
                  27/7/12 from simplybe an application form , sent to niddy and niddy says

                  27/7/12 sent missing PT's
                  30/8/12 reminder for payment

                  6/9/12 serious arrears letter

                  11/9/12 letter they cannot enforce payment but threaten to commence collection again.

                  receiving statements every month otherwise nothing to report .

                  18/04/13 from simply be
                  monthly statement and a reminder i haven't paid , also if i don't bring the account up to date they may take further action and additional charges added .

                  01/05/13 Simplybe
                  Minimum payment due £205.53
                  Having tried to contact you on several occasions you have failed to maintain repayment of your account.
                  We are prepared to help you but you must take resonsibility for clearing this debt.
                  ~ The debt will not go away on its own.
                  ~ You must pay the arrears within 48 hours to avoid action being undertaken to recover the debt.

                  You can make a payment directly onto your account by calling us


                  Please note that in accordance with our trading terms an administration charge will be made for each missed payment reminder. Your personal credit file may also be affected preventing furture facilities from high street banks

                  23/05/2013 SimplyBe
                  FINAL NOTICE
                  Despite our best efforts to talk to you and agree proposals that suit your current situation you continue to ignore our help.
                  Non-payment is a serious matter that is likely to prevent you getting credit in the future. We want to help but you must share your situation with us. Take notice if we do not receive your payment we intend to pass your account to a Debt Collection company.
                  Reliable Collections ltd within the next few days, they may:
                  Instruct debt collectiors to call at your home.
                  Undertake appropriate action to recover the debt.
                  To stop this action from being taken, you must make payment immediatley.

                  Please not that in accordance with our trading terms an administration chare will be made for each missed payment reminder.
                  13/06/13 simplybe
                  statement enclosed ,An overdue amount of £313.14 is due now . Please contact reliable collections to arrange payment if no payment is recieved within 14 days £12 will be added to this statement
                  update
                  _______________________________________



                  Comment


                  • Re: spent2much UE diary

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

                    Date commenced (2003)

                    Approx balance (£1,124)

                    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 (simply be) now with jd williams
                    9/7/12 cca request sent
                    27/7/12 from simplybe an application form , sent to niddy and niddy says

                    27/7/12 sent missing PT's
                    30/8/12 reminder for payment

                    6/9/12 serious arrears letter

                    11/9/12 letter they cannot enforce payment but threaten to commence collection again.

                    receiving statements every month otherwise nothing to report .

                    18/04/13 from simply be
                    monthly statement and a reminder i haven't paid , also if i don't bring the account up to date they may take further action and additional charges added .

                    01/05/13 Simplybe
                    Minimum payment due £205.53
                    Having tried to contact you on several occasions you have failed to maintain repayment of your account.
                    We are prepared to help you but you must take resonsibility for clearing this debt.
                    ~ The debt will not go away on its own.
                    ~ You must pay the arrears within 48 hours to avoid action being undertaken to recover the debt.

                    You can make a payment directly onto your account by calling us


                    Please note that in accordance with our trading terms an administration charge will be made for each missed payment reminder. Your personal credit file may also be affected preventing furture facilities from high street banks

                    23/05/2013 SimplyBe
                    FINAL NOTICE
                    Despite our best efforts to talk to you and agree proposals that suit your current situation you continue to ignore our help.
                    Non-payment is a serious matter that is likely to prevent you getting credit in the future. We want to help but you must share your situation with us. Take notice if we do not receive your payment we intend to pass your account to a Debt Collection company.
                    Reliable Collections ltd within the next few days, they may:
                    Instruct debt collectiors to call at your home.
                    Undertake appropriate action to recover the debt.
                    To stop this action from being taken, you must make payment immediatley.

                    Please not that in accordance with our trading terms an administration chare will be made for each missed payment reminder.
                    13/06/13 simplybe
                    statement enclosed ,An overdue amount of £313.14 is due now . Please contact reliable collections to arrange payment if no payment is recieved within 14 days £12 will be added to this statement


                    [COLOR="Red"]14/06/2013 from Reliable collections,

                    TAKE NOTICE
                    We have been instructed by our client simply be to consider passing your account to a nationwide doorstep debt collection company who may visit you at your address to collect the above debt.

                    you have made this necessary,as you have failed to contact simply be or us to make payment or offer any payments for doing so.

                    You have 7 days to make your payment or to offer a repayment plan-we are prepared to accept instalments that suit your circumstances but you need to make contact with us urgently to agree such proposals

                    update
                    _______________________________________



                    Comment


                    • Re: spent2much UE diary

                      I would send Harassment Threat of Doorstep-Visit - allaboutDEBT UK
                      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 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 bt ScabHunter

                        FORMAL COMPLAINT

                        Dear Sirs,

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

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

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

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

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

                        Yours Faithfully,


                        and this to RW -

                        FORMAL COMPLAINT

                        Dear Sirs,

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

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

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

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

                        Yours Faithfully,


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

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

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

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

                        update
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                        Comment


                        • Re: spent2much UE diary

                          does anyone else think its a bit suspect that robbers way never received my last letter ? funny how robbers way and drysdenfairfax both mysteriously never receive signed for letters
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                          Comment


                          • Re: spent2much UE diary

                            They are utterly gormless, aren't they? The letter which was sent to them, paragraph 1, clearly states that a letter was received from DrydensFairfax solicitors. Therefore, anyone with the intelligence of a deranged baboon should be able to work out that the last line refers to a letter sent to the aforementioned DrydensFairfax solicitors.

                            Which may explain why RW didn't receive it.

                            I would honestly ignore this drivel and wait for the next one. Sooner or later they will have to respond to your formal complaint, which may be easier for them if they actually bothered to read it.

                            SH

                            Comment


                            • Re: spent2much UE diary

                              Originally posted by ScabHunter View Post
                              They are utterly gormless, aren't they? The letter which was sent to them, paragraph 1, clearly states that a letter was received from DrydensFairfax solicitors. Therefore, anyone with the intelligence of a deranged baboon should be able to work out that the last line refers to a letter sent to the aforementioned DrydensFairfax solicitors.

                              Which may explain why RW didn't receive it.

                              I would honestly ignore this drivel and wait for the next one. Sooner or later they will have to respond to your formal complaint, which may be easier for them if they actually bothered to read it.

                              SH
                              I was thinking the same . I shall wait now see what they send next
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                              Comment


                              • Re: spent2much UE diary

                                Do you not have proof it was received. I always take the attitude with DCA's it is not my job to help tehm do theirs. If they wantthat letter, they can go to Drydens and get it.

                                Apologies if this is out of line with this site's policy.

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