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  • Re: spent2much UE diary

    Originally posted by westcot View Post
    we understand that there may be many reasons why you have not responded to us in relation to this account.
    The main one being that you are a bunch of.......

    Comment


    • Re: spent2much UE diary

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

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

      Approx balance.( £2,242.71

      Date last paid (22/06/2012)

      Are you on arrangement or not paying (stopping dmp )

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

      Account owner (originally monument but passed to Barclaycard )
      09/07/2012 sent CCA request
      27/07/2012 barclaycard they are dealing with request

      12/02/2013 from barclaycard

      cca recon sent to niddy


      13/02/13 sent missing pt's
      22/02/2013 from Barclaycard
      About your complaint


      Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
      account.

      I am sorry that you have had reason to complain.
      I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
      compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .

      I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.

      I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.


      I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.


      _____

      It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)


      ___________


      another 2 pages of statement of account
      compliance with section 61 of the Act
      office of fair trading.


      timescales
      your options
      Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .


      28/02/2013 from barclaycard

      Thank you for contacting Barclaycard.

      Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.

      May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.

      I hope this information is of some assistance to you.



      07/03/2013 from Barclaycard
      they have semt an application form saying it is a cca. I have sent it to niddy


      5/03/2013
      Niddy says still

      23/08/2013 Barclaycard
      I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013

      This means that the effective owners of the above account are now MKDP LLP.

      MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.

      I confirm that the amount outstanding on your account as at August was £2324.18

      With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
      update
      _______________________________________



      Comment


      • Re: spent2much UE diary

        Carbon copy of what Barclaycard did with my alleged account,
        So I would probably say you have nothing to respond with until you hear from MKDP and then simply start the paper trail again with them with a letter pointing out the ongoing CCA dispute

        Comment


        • Re: spent2much UE diary

          Exactly the same template replies that I had.

          Comment


          • Re: spent2much UE diary

            There should also be a letter on a Barclaycard letter heading (usually in the same envelope) from muppetry of all names that confirms the sale of the alleged account to a debt purchaser such as MKDP. This then confirms the sale as one of Assignment in Absolute (NoA). The two letters constitute sufficient evidence of sale, as you will almost never get sight of the deed of assignment unless a court orders it. So I think you are a bit of paper missing somewhere along the line.

            Once all was in place correctly when BC sold ours to Lowells, we hit Lowells with a complaint (SWID talk to our sols stuff) and then a whole new paper trail with a s78. After a couple of letters they closed the account(s) acknowledging nothing legal to back up their claim.

            regards
            G

            Comment


            • Re: spent2much UE diary

              Originally posted by garlok View Post
              There should also be a letter on a Barclaycard letter heading (usually in the same envelope) from muppetry of all names that confirms the sale of the alleged account to a debt purchaser such as MKDP. This then confirms the sale as one of Assignment in Absolute (NoA). The two letters constitute sufficient evidence of sale, as you will almost never get sight of the deed of assignment unless a court orders it. So I think you are a bit of paper missing somewhere along the line.

              Once all was in place correctly when BC sold ours to Lowells, we hit Lowells with a complaint (SWID talk to our sols stuff) and then a whole new paper trail with a s78. After a couple of letters they closed the account(s) acknowledging nothing legal to back up their claim.

              regards
              G
              its in there it I just couldn't be bothered to type it out lol
              _______________________________________



              Comment


              • Re: spent2much UE diary

                Originally posted by Spent2much View Post
                its in there it I just couldn't be bothered to type it out lol
                Did not happen to me. Account has never been passed to a debt collector. Charged off July last year, and in dispute since.

                Comment


                • Re: spent2much UE diary

                  Originally posted by Enforcer View Post
                  Did not happen to me. Account has never been passed to a debt collector. Charged off July last year, and in dispute since.
                  Spoke too soon, got home tonight to a letter from Barclaycard & MKDP Account sold & purchased. Loverly! This is still with the FOS! See post later on Barclaycard & Right of Set Off. Need to get semi pissed first!

                  Comment


                  • Re: spent2much UE diary

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

                    Date commenced (2003)

                    Approx balance (£384.89)original balance was £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 (moorcroft)

                    9/7/12 cca request sent
                    13/7/12 request from moorcroft for £1.00 so they can deal with the cca request
                    16/7/12 sent moorcroft £1 postal order
                    1/8/12 moorcroft have sent postal order back saying it needs to be sent to and written out to LloydsTsb
                    14/11/12 moorcroft asking for payment or may start legal proceedings.
                    Letter from Moorcrof today, say they need a £1 before they can process mt request .
                    this is an overdraft account i thought no £1 payment was needed

                    14/11/2012

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

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

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


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

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

                    Yours sincerely.


                    30/11/12 Moorcroft,Our records show that despite our previous letters to you,payment has still not been received

                    your account is in arrears for the sum of £1.00
                    Contact your dmc to arrange payment , contact us if you are no longer dealing with this third party .

                    As a result of arrears the account has been passed to Home Collections Division for possible action

                    Threat of recovery action



                    21/1/13 from LloydsTsb account passed to Robinson Way

                    24/1/13 from robbers way
                    do not ignore they have been authorised to revover this debt in full , threat of court action




                    28/1/13 sent account sold while in dispute letter
                    1/2/13 from Robbers way

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

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


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



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


                    collections manager.


                    7/02/13

                    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.
                    Stopped all recovery action for time being

                    11/02/13 LloydsTsb
                    Cannot deal request until hubby sends a letter signed with his signature


                    13/02/13 to LloydsTsb CCA Request-Demand of Signature



                    18/02/2013 LloydsTsb

                    After looking into your complaint there is no record of you requesting a copy of the credit agreement for this account before now. I can assure you if we had been in reciept of this letter we would have responded sooner. Credit agreements do not apply to bank accounts and for this reason we cannot provide you with a copy of your credit agreement for the account requested.

                    I appreciate your concern with the fees which applied to your account. I can see you had a planned overdraft limit of £500. In providing you with this limit, we requested you to monitor the account and stay within its limit. I can see you last used your account on 26th february 2007 when you transferred £129.00 out of your account to leave £499.89 overdrawn. The transaction which took you overdrawn was the interest which we had pre notified you of. As such your account exceeded the planned overdraft and you were in an unplanned overdraft which was subject to unplanned overdraft fees as outlined in the terms and conditions of your account.

                    Fees continued to apply to your account until 2July 2007 , when we were made aware you were experiencing financial difficulties. From 26th Feb to 2 July 2007 £137.54 fees were applied correctly to your account.

                    When we were made aware you were experiencing difficulties and were dealing with Payplan we suspended all fees on the account and accepted the payments which were being made. Your account closed on 15 September 2008 with a debit balance of £599.68 and transferred to our Recoveries department as a longer repayment term was required . I can assure you no fees have been applied since 2 July 2007.

                    I appreciate you would rather make arrangements directly with us regarding payments, however, it is not practical for this to happen. It is normal for us to assign external recovery agents to act on our behalf (moorcroft) fromMay2011to August 2012. Due to no payments being made since then we assigned robinson way to contact you to discuss repayments.

                    To restore your confidence in us I have arranged for £137.54 fees to be credited to the account . Plese allow ten working days for the refunds to be processed at which point the amount owed will reduce to £384.89 . I will inform Robinson way of the revised balance.

                    21/02/13 LloydsTsb (no account number on this letter but i assume its for this account as hubbys tsb credit card is with 1st credit.

                    I was most concerned to receive your letter. Thank you for contacting us.

                    As your concerns relate to issues outside this control of this office, I have passed your concerns on to LloydsTSB's customer service recovery centre. It may take a while to gather all the facts together, but they will try to come back to you with a full response within the next few working days.

                    I think this letter has crossed with the one received a few days ago.

                    27/04/13 Robbers way

                    IMPORTANT PLEASE CONTACT US
                    Your account still remains unpaid despite previous letters and calls. Your account is due to be transferred to our solicitors, Horwich Farrelly in the next 10 days, who may consider court action.

                    If you would rather agree an affordable payment plan directly with us to prevent this account being passed to our solicitors, please contact us without delay.


                    Just trying to update this, I'm now confused, 27 th April 13 Robinson Way threatened to transfer this account to their solicitors Horwich farrelly, and then 15 May 2013 drysden/fairfax wrote saying their client has instructed them to collect this debt.

                    18/5/13 sent SWID to drysdenfairfax



                    24/5/13 drysdenfairfax- pay up or may consider court action
                    19/6/13 Robinson way doorspet visit threat
                    26/7/13 Account from Capquest
                    This letter is to inform you that your LRSB overdraft account has been referred to capquest to manage.

                    We have made enquires with experian crb who have confirmed that this is the current address for you.

                    it is our aim to agree a suitable plan with you to repay this debt. Our experienced team of negotiatiors are here to assit you in arranging a suitable arrangement . It is important an agreement is reached .

                    If contact is not made by this date your account will escalate to the next stage of recoveries (NO DATE WAS GIVEN)


                    09/08/2013 - Lloyds TSB
                    As we haven't been able to agree a suitable repaymnet plan we've transferred your Ltsb to capquest , please contact capquest asap to arrange to pay back the outstanding amount.

                    27/08/2013 capquest - this correspondence is to inform you that your ltsb account has been referred to capquest to manage in all matters relating to collection , which may include:

                    personal visits by our doorstep collection agency
                    possible litigation

                    it is our aim to ensure that a suitable payment plan is agreed and maintained. Our experienced team of negotiators are here to assist you in finding a plan that will clear your indebtedness, without the need for further action.
                    If you are not in a position to settle the account in full, you will need to contact us to discuss a suitable solution to this matter .


                    26/09/2013 capquest

                    Following previous correspondence and in order to bring this matter to a satisfactory conclusion our client, Ltsb has requested that we contact you to advise that a settlement figure is now available on your account. If accepted and agreed this could not only save you a considerable amount of money on the balance you owe but also, prevent further possible action your account which could incur additonal cost.

                    To take advantage of this settlement offer you must contact this office by 01 Oct 13 on the telephone number.

                    Please state that you have received a settlement letter and your accout will be discussed and hopefully a satisfactory resolution is found.

                    Should and agreement be reached to settle your outstanding account with a reduced payment and once the payment has been received and clearede, your account will be closed and your credit file update.
                    If no contact is received by 01 oct 13 we reserve the right to withdraw this offer.
                    Last edited by Spent2much; 27 September 2013, 09:14.
                    _______________________________________



                    Comment


                    • Re: spent2much UE diary

                      I would send a doorstep threat letter also referring them to your sold in dispute letter previously sent. Enclose a copy of SID letter

                      Comment


                      • Re: spent2much UE diary

                        Originally posted by vint1954 View Post
                        I would send a doorstep threat letter also referring them to your sold in dispute letter previously sent. Enclose a copy of SID letter
                        thanks i will do that vint
                        _______________________________________



                        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

                          5/8/13 westcot

                          As a final attempt to avoid further action, our client has agreed that we can offer you a discount to settle your account.

                          This offer is only available for a limited period so you should contact us by the 11/08/2013 to agree a suitable settelememt , or the offer will be withdrawn and further action will continue to recever the full outstanding balance of £248.46.

                          If you are unable to take advantage of this offer, we will still consider a realistic repayment plan and you should contact us urgently to discuss your options. Unless a suitable arrangement plan is reached within 10 days of the date of this letter, (01/08/2013), further recovery action will be taken.


                          21/08/2013 from westcot
                          we understand that there may be many reasons why you have not responded to us in relation to this account.
                          You may feel that you are not in a position to stat making an acceptable payment against your balance or that you don't know how best to manage your way through you current liabilities.

                          Westcot are specialists in establishing repayment plans that best suit the needs of both our clients and their customers. For the overwhelming majority of customers that contact us we are able to make an arrangement tailored to each customer's financial circumstances.
                          We would therefore like to offer you the opportunity to repay this account via regular manageable instalments which will be both sustainable and affordable given your current circumstances.

                          what this means for you.....

                          an opportunity to take control with re-payments that you agree and that you can afford over a period of time.
                          no further phone calls, letters, text messages or home visits from Westcot or their appointed agents, providing you keep to the plan for this account.
                          The potential to improve you credit rating and increase your chances of obtaining future credit.

                          This debt will not go away and now is the best time to act. To take up the offer you need to contact us at the number above where one of our dedicated operators will help you make a fresh start.

                          30/08/2013 Westcot

                          We have previously advised you that one of the actions we were considering on your account was a doorstep collection visit
                          to your home address to recover the outstanding balance.
                          As we know of no genuine reason why you have failed to repay the outstanding balance, instructions will now be provided to Scotcall, a doorstep agency, to make an appointment with you to visit your home address. The purpose of the visit is to agree with you how you will repay this debt.

                          You have a final opportunity to avoid referral to Scotcall by telephoning the number above .

                          update. I will send doorstep threat letter, or wait and see what they send next ?
                          Last edited by Spent2much; 2 September 2013, 07:18.
                          _______________________________________



                          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.

                            31/12/2012 sent SWID to fairfax
                            19/01/2013 resent SWID to fairfaz
                            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.




                            12/03/12 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.

                            30/08/2013 Robinson Way

                            We have sent you a number of letters, tried to telephone you, and our doorstep agent may have called at your home, but your account remains unpaid.
                            The full balance is due and payable. but this may not be affordable.
                            NOTE We can offer a reduction to the balance you owe to settle this account depending upon your circumstances. To help you settle this account you may even be able to pay the reduced balance by instalments you can afford, and will be able to maintain.
                            Call us now to take advantage of this.
                            update
                            _______________________________________



                            Comment


                            • Re: spent2much UE diary

                              Just a one liner, I am in receipt of your letter dated xxxxx and note its content.

                              I would refer you to my letters dated xxxxx to DF solicitors and yourself. Please note and digest their contents.

                              Enclose a copy of both letters of complaint.

                              Comment


                              • Re: spent2much UE diary

                                Originally posted by vint1954 View Post
                                Just a one liner, I am in receipt of your letter dated xxxxx and note its content.

                                I would refer you to my letters dated xxxxx to DF solicitors and yourself. Please note and digest their contents.

                                Enclose a copy of both letters of complaint.
                                thank you will do that
                                _______________________________________



                                Comment

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