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Re: spent2much UE diary
update
Originally posted by Spent2much
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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
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 -
Dear Sirs,
I am in receipt of a letter dated xxth May 2013, from Drydens Fairfax solicitors. The letter is a formal letter of claim, threatening immediate court proceedings if I do not comply with their entirely unreasonable orders. As the solicitors have ignored my previous communication, and are refusing to discuss or even acknowledge the ongoing dispute relating to this alleged debt, they are in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. Note that my letter of 18th May 2013, which was received and signed for, has been completely ignored.
Instead of responding to my legitimate dispute concerning your own failure to provide statutory information, the solicitors have mailed out a machine produced generic template which could apply to literally any alleged debt situation. This behaviour is obviously totally unacceptable, and any repeat thereof will result in a formal complaint being forwarded to the Solicitors Regulation Authority.
Notwithstanding this consideration, you remain legally responsible for the actions of any organisation which you engage on your behalf. It would therefore be in your own interests to deal with the ongoing dispute, of which you have been aware since you received my letter of 25th March 2013, instead of misusing solicitors purely for the purposes of threatening and frightening people. Your own nonsensical response dated 4th April 2013 is also a machine produced generic template, which is entirely inappropriate for the situation. You are obviously aware that communicating with alleged debtors in a misleading manner is contrary to the Office of Fair Trading Debt Collection Guidance, specifically Section 3.2.
I look forward to your response that you have withdrawn these badly behaved solicitors from this case, and that you are now prepared to deal with the issues raised in my previous communications. Any other response will result in this formal complaint being escalated to the Financial Ombudsman Service, and the Office of Fair Trading being informed of your continual breaches of their own published Guidance.
Yours Faithfully,
17/06/2013 from robinson way limited
We refer to the above account and the recent issues you raised.
Having looked at your acount we do not seem to have received your recorded mail dated 18th May 2013. Can you please resend this mail and also provide us with the recorded delivery number to enable to us to look into this matter further.
On further investigation I have noted that your original dispute was regarding not receiving a valid CCCA request . Please be advised that the above account relates to an unpaid bank account . These are exempt from part V of the CConsumer Credit Act 1974 and as such there is no agreement available .
In the meantime i have placed your account on a temporary delay awaiting your above correspondence. If you have any further quries ,please do not hesitate to contact us
21/06/2013 Robinson way
As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.
To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office disput circumstances and to agree an affordable payment plan directly with us.
19/07/2013 Robinson Way
We refer to the above account and our letter dated 13th June 2013.
As we have not received the correspondence that we requested in our previous letter and our client has advised us they have no details of your dispute and you remain fully liable for the balance outstanding.
Please forward your proposal for payment, we have held your account for 14 days to enable you to do this. After this time collection activity will resume on your account.
If you have any further queries , please do not hesitate to contact us .
09/08/2013 Robinson way
Despite numerous attempts to contact you, the above account still remains unpaid.
If you are having difficulties and need help or advice with your finances you can contact us or several organisations that can offer free impartial advice , details below
we can still agree an affordable payment plan with you. call us on the above number.
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
21/06/2013 Robinson way
As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.
To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office disput circumstances and to agree an affordable payment plan directly with us.
19/07/2013 Robinson Way
We refer to the above account and our letter dated 13th June 2013.
As we have not received the correspondence that we requested in our previous letter and our client has advised us they have no details of your dispute and you remain fully liable for the balance outstanding.
Please forward your proposal for payment, we have held your account for 14 days to enable you to do this. After this time collection activity will resume on your account.
If you have any further queries , please do not hesitate to contact us .
09/08/2013 Robinson way
Despite numerous attempts to contact you, the above account still remains unpaid.
If you are having difficulties and need help or advice with your finances you can contact us or several organisations that can offer free impartial advice , details below
we can still agree an affordable payment plan with you. call us on the above number.
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