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  • 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 .
    [/QUOTE]
    update
    _______________________________________



    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
      02/09/13 resent letters of copies of complaint to Halifax and Robbers way
      7/9/13 Halifax We have not been able to agree a repayment plan your account has been transferred to Westcot

      14/9/13 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 ACTION , YOU MUST:
      pay the balance in full to westcot .

      PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT IN FURTHER RECOVERY ACTION


      18/9/13 Robinson Way- We refer to the above account and acknowledge your recent communication .

      Having now reviewed your comments we can advise you that your account has been returned to our client .

      All future payments and correspondence must therefore be sent to our client , directly.


      UPDATE, I am going to send an account sold while in dispute letter to westcot .
      _______________________________________



      Comment


      • Re: spent2much UE diary

        Wait until they contact you again

        Comment


        • Re: spent2much UE diary

          okay then i will do that
          _______________________________________



          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
            02/09/13 resent letters of copies of complaint to Halifax and Robbers way
            7/9/13 Halifax We have not been able to agree a repayment plan your account has been transferred to Westcot

            14/9/13 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 ACTION , YOU MUST:
            pay the balance in full to westcot .

            PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT IN FURTHER RECOVERY ACTION


            18/9/13 Robinson Way- We refer to the above account and acknowledge your recent communication .

            Having now reviewed your comments we can advise you that your account has been returned to our client .

            All future payments and correspondence must therefore be sent to our client , directly.

            26/09/2013 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 correspondence.

            Unless you contact us to agree repayment of £525.20 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.




            update
            _______________________________________



            Comment


            • Re: spent2much UE diary

              Originally posted by Spent2much View Post



              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.
              update
              _______________________________________



              Comment


              • Re: spent2much UE diary

                Just popped in here because I'm off sick from work....

                Do you want to settle this or is it UE? If you want to settle make sure it's a Full & Final settlement that they're offering and you get it in writing.... or tell them to p*ss off.
                Remember the mantra:
                NEVER communicate by 'phone.

                Send EVERYTHING by Recorded/Special Delivery
                Keep a copy of EVERYTHING sent
                Keep hold of EVERYTHING received

                PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)


                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 PriorityOne View Post
                  Just popped in here because I'm off sick from work....

                  Do you want to settle this or is it UE? If you want to settle make sure it's a Full & Final settlement that they're offering and you get it in writing.... or tell them to p*ss off.
                  I hope it's UE they are trying different DCA , not keen on settling might try and let it continue getting passed from pillar to post
                  _______________________________________



                  Comment


                  • Re: spent2much UE diary

                    Originally posted by Spent2much View Post
                    I hope it's UE they are trying different DCA , not keen on settling might try and let it continue getting passed from pillar to post
                    I think thats what I would do.....See how it pans out before even looking at the possibility of settling

                    In fact I'm certain thats would I would do, Especially because they offered it.......Why would they offer a reduction?
                    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

                      Well, if it's been passed from pillar post.... it sounds like they're pretty desperate. I would ignore.
                      Remember the mantra:
                      NEVER communicate by 'phone.

                      Send EVERYTHING by Recorded/Special Delivery
                      Keep a copy of EVERYTHING sent
                      Keep hold of EVERYTHING received

                      PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)


                      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 Spud View Post
                        I think thats what I would do.....See how it pans out before even looking at the possibility of settling

                        In fact I'm certain thats would I would do, Especially because they offered it.......Why would they offer a reduction?
                        Yes and they are desperate now : :
                        _______________________________________



                        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
                          02/09/13 resent letters of copies of complaint to Halifax and Robbers way
                          7/9/13 Halifax We have not been able to agree a repayment plan your account has been transferred to Westcot

                          14/9/13 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 ACTION , YOU MUST:
                          pay the balance in full to westcot .

                          PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT IN FURTHER RECOVERY ACTION


                          18/9/13 Robinson Way- We refer to the above account and acknowledge your recent communication .

                          Having now reviewed your comments we can advise you that your account has been returned to our client .

                          All future payments and correspondence must therefore be sent to our client , directly.

                          26/09/2013 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 correspondence.

                          Unless you contact us to agree repayment of £525.20 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.


                          04/10/2013 westcot

                          REDUCED sETTELMENT OFFER

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

                          This offer is only available for a limited period so you should contact us by the 12/10/2013 to agree a suitable settlement, or the offer will be withdrawn and further action will continue to recover the full outstanding balance of £525.20

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

                          You can pay by debit card by calling *********


                          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
                            26/06/2013 reliable collections ltd

                            APPOINTMENT

                            we have made an appointment to contact you at your home Wednesday between 6.00 and 8.00pm.
                            If this is not convenient call our hotline on 0844 854 0078



                            URGENT NOTICE-DO NOT IGNORE

                            Serious arrears on a blalance of £2323.57
                            arrears are now £539.37

                            All attempts to communcate with you at this address have failed. As a result we have undertaken investigations to understand your whereabouts and sources have comfirmed that you are still residnet.

                            This debt will not go away.

                            to enable us to help you please contact our trained advisors to scuss your situation.
                            Please not that in accordance with our clients trading terms an administration charge of £12.00 has been added to your balance.


                            24/07/2013 Reliable colections ltd

                            IMPORTANT-YOU SHOULD READ THIS NOTICE CAREFULLY

                            outstanding balance, £2335.57 Now Due £539.37 Our client simply be

                            Your conduct in this matter is unacceptable and will not be tolerated.
                            Our client has delivered goods to your address and little effort has been made to pay for them.
                            We are currently considering further steps to recover the debt which may result in us commencing court proceedings.
                            Take notice that a payment needs to be paid within the next 48 hours to prevent further action.

                            Call now on 000000000000 to discuss your proposals and make a payment
                            31/7/2013 sent a letter to Reliable collections reminding them the account is UE and has been since 9/7/2012 when they failed to send the original CCA, what they did send was an application form filled in by simpybe staff.

                            9/08/2013 from simply be

                            monthly statement.

                            9/08/2013 from simply be

                            Details of the agreement

                            Since 12.07/2001 you have operated a credit account with us , two copies of the agreement were went to you with your first statement which detailed the tems of and conditions on which we had agreed to provide you with credit. You purchased goods from our catalogue using the credit account and you been sent a statement of your account every 28 days which details the sums outstanding (the ''Agreement'').

                            Breach of the agreement

                            In breach of clause 6 of the agreement you have failed to pay to us the account. The balance on your account is £2400.78 and the arrears are £539.37.

                            action to be taken

                            In order to remedy the breach, you must pay the sum of £539.37 to us on or before 27/08/2013(being21 days from the date of this letter) and continue to pay the sums due under your agreement. You can make payment by calling us bla bla bla

                            IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOW NO FURTHER ENFORECEMENT WILL BE TAKEN IN RESPECT OF THE BREACH.

                            If you fail to take action

                            IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE DATE SHOWN THEN THEY FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU .

                            we shall, in accordance with paragraph a of the agreement, demand that you pay to us the whole amount owing under the agreement immediately, and we may terminate the agreement.


                            Time order

                            If you have difficulty in paying nay sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you or any surety more time.


                            General

                            We enclose a copy of OFT Guidance on Default Notices for your information.

                            16/08/2013 from simplybe

                            Thank you for your letter dated 29th July 2013, which we received on the 2nd August 2013, the content of which has been noted.

                            We cannot locate a copy of the signed agreement at this time.

                            In light of your comments we can confirm that all collections activity will now cease. If , which is not admitted, the agreement is unenforceable under the Consumer Credit Act 1974 due to your allegation that you failed to sign it, the consequences are that the creditor maybe prevented from taking steps to enforce the debt, however, we would point out that the agreement is not void and the debt still exists in fact.

                            On this basis, the fact that non-payment will be registered with the credit reference agencies and will remain for a period of 6 years. Please note that, this may make it difficult for you to obtain any form of credit in the future.
                            05/10/2013 Fredrickson International
                            We are authorised to contact you by JD Williams to secure repayment of this debt and all communications must now be with us.
                            t
                            To avoid further debt recovery action our client requires payment of £2.400.78.

                            YOU MUST CONTACT US NOW to discuss the matter further.

                            For your convenience we offer a variety of payment methods. Full details are set out on the revers of this letter.
                            update , what I find stupid is that simply be wrote to me recently saying they cannot locate my signed agreement

                            Just a reminder on their letter

                            Thank you for you letter dated 29 th July 2013, which we received on the 2nd August 2013, the content of which has been noted.

                            We cannot locate a copy of the signed agreement at this time.

                            In light of your comments we can confirm that all collections activity will now cease. If, which is not admitted, the agreement is unenforceable under the CCA 1974 due to your allegation that you failed to sign it, the consequences are that the creditor maybe prevented from taking steps to enforce the debt, however, we would point out that the agreement is not void and the debt still exists in fact.

                            On the basis, the fact of non-payment will be registered with the credit reference agencies and will remain for a period of 6 years. Please not that, this may make it difficult for you to obtain any form of credit in the future
                            .
                            Last edited by Spent2much; 8 October 2013, 07:27.
                            _______________________________________



                            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 nt to deal with
                              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 .

                              //10/10/2013 capquest we note with regret that you have chosen not to deal with this matter despite our previous communications It is therefore our intention to progress your account for a pre-litigation review. your account may be passed to our solicitors who may commence legal action on or around 16 Oct 13.



                              Through the litigation process we will seek to obtain a County Court Judgement directing you to pay the monies outstanding. If we are successful and no payments are made towards your account, it maybe necessary to enforce the judgement through the courts by either a Warrant of Execution which will result in a bailiff visiting your address; by applying to the court for an attachment of earnings order which my result in deductions from you earnings by your employer or by seeking a charging order over you property to secure the judgement.

                              All of this action is avoidable . It is therefore in your interest to prevent the above course of action by contacting this office immediately to discuss settlement or a proposed arrangement to settle this debt.Our experienced pre-litigation team are on hand to assist you but this can only happen if you make contact before 16 Oct 13. Failure to respond by the date outlined may result in legal action being instigated.
                              [/QUOTE]
                              update ignore ?
                              Last edited by Spent2much; 10 October 2013, 13:44.
                              _______________________________________



                              Comment


                              • Re: spent2much UE diary

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

                                Date commenced (2003)

                                Approx balance (£935)

                                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 passed to BLS 3/8/12

                                26/10/12 repayment plan arrears



                                14/11/12 payment reminder BLS


                                13/12/12
                                from BLS

                                Please find enclosed a statement of account as requested.

                                Should you require any further assistance please telephone us.


                                14/12/12 from BLS it is essential that you contact us today


                                24/12/12 from Halifax
                                Account passed to drysdenfairax solicitors



                                31/12/12 drysdensfairfax solicitors ( both of us received a letter from these as it is a joint account )
                                threatening charging orders and court action .


                                31/12/12 sent sold while in dispute letter,
                                not showing as received on royal mail website.

                                17/01/13 from Drysdenfairfax
                                17/01/13 from drysdenfairfax
                                failure to pay , avoid further action you must pay the debt.




                                20/1/13
                                sent sold while in dispute letter


                                26/01/13 from drysdenfairfax solicitors


                                I acknowledge receipt of your letter dated 19 January 2013, together with the enclosures, and i note all your comments.

                                I have reviewed your file and , unfortunately, i can find no record of us receiving your earleir letter of 31 December 2012. We were, therefore, unaware that this was in dispute. As a firm of solicitors, please be assured that we are well aware of our responsibilities with regard to the Office of Fair trading Debt Collection Guidance.

                                As a result of your letter, we have contacted our client to clarify the current position and seek their further instructions. We will write to you , further, once they have responded. I confirm that, in the meantime, the matter is on hold.

                                I trust this resolves any immediate concers, but if you do have any further queries, please let me know.





                                06/04/13 from Halifax
                                account passed to Capquest

                                10/04/13 from capquest

                                This correspondence is to inform you that your Halifax current account has been referred to capquest to manage your account in all matters relating to collection , which may include
                                - Personal cisits 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 negotators are here to assit you in finding a plan that will your indebtedness, without the need for further action.

                                If you are not in a position to settle this account in full, you will need to contact us to discuss a suitable solution to this matter. Contact must be made by 15 Apr 13, by calling us on 0844********

                                No contact will mean further action.

                                How to pay: Please see reverse of this letter.

                                sold while in dispute letter ?
                                12/04/2013 sent sold while in dispute letter

                                24/04/13 capquest
                                NOTICE OF DOORSTEP AGENT VISIT.
                                Please be advised that we are now in the process of making arrangements for our doorspet recovery agents ScotCall Limited, to visit you due to your failure to make a repayment arrangement.

                                If a response is not received by 30 Apr 13, we may choose to dispatch an agent and they will call at the address above between the hours of
                                8.00am-8.30pm Mon-Fri
                                9.00am-4.30pm Saturday
                                The doostep agent is instructed to collect the full amount due or to compile a report as to your financial position to assist in any possible further action. All agents carry identifification and receipts for payment will be issued on request.
                                To avoid a visit from this specialised doorstep collection agency, you must contact us by 30Apr 13.
                                If you contact us before this date, we can offer you a settlement figure on your outstanding balance.
                                Alternatively , we will be open to suggestions from you on how your account can be settled by way of instalments suitable to your present financial circumstances.We will not be demanding payment in full and will work with you to come to a final solution to this problem without the need for employing services of doorstep recovery agents.
                                Should an agreement be reached to settle your outstanding account with a reduced payment and once the payment has been received and cleared, your account will be closed and your credit file updated showing that the balance has been satisfied with a special flag of parital settlement.
                                You will find how you can pay and other relevant details that may assit you on the reverse of this letter.
                                we trust that you will take this opportunity to contact us and get this matter settled without the need for visits by the doorstep collectors.



                                03/05/13 from capquest
                                We thank you for your correspondence and respond as follows

                                Please either provide details of any dispute in respect of the outstanding balance on this account , enclosing supporting documentation if available or contact us to arrange payment of this account.
                                14/05/13 capquest

                                Thank you for youre recent communication.

                                We regret that you have been disatisfied with our service and we will be conducting a thorough investigation into the issues you have raised . Once we have completed this, we will write to you again with the outcome of our investigations.

                                A copy of our internal Complaints Procedure is enclosed. Please take the time to read this as it explaines how we will deal with your complaint and the timescales within which we will do so.
                                24/05/2013 capquest
                                We write in response to your letter dated 12April13

                                Winthin your complaint you state the account has been in dispute with the original creditor due to your request for the agreement made under the CCA not being acknowleded.
                                We were instructed by Halifax on 29 March 2013 to contact you regarding an outstanding balance of £935.06. We were not made aware of any dispute or issue with your account and were acting in good faith based on the information supplied to us.

                                Based on your comments we contacted halifax who has confirmed the following .

                                *This debt relates to a current account , not covered by the CCA so the enclosed is not relevant, continue to pursue*

                                In light of the above you may wish to contact halifax directly as we are unable to comment on their response or any actions taken prior to our involvement.

                                The account shall remain on hold for 30 days to allow you time to contact halifax. Upon this time the account shall be returned to the relevant department and contact shall be reattempted.

                                We offer our apologies for any inconvenience caused and should you wish to discuss this matter further please contact us .

                                8/10/2013-Halifax
                                As we haven't been able to agree a suitable repayment plan we've transferred your Halifax Bank Account to a debt collection agency. Westcot Credit Services ltd. We've instructed Westcot to arrange collection of the outstanding amount.

                                Please contact Westcot as soon as possible to arrange to pay back the outstanding balance.
                                update, i will wait for westcot to contact now
                                _______________________________________



                                Comment

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