spent2much UE diary

[Pixie]

Re: spent2much UE diary

Is this the same account as in post #1227? What date did capquest write to you...surely not 27th August?

[Spent2much]

Re: spent2much UE diary

Is this the same account as in post #1227? What date did capquest write to you...surely not 27th August?

not sure what happened because no date appeared must be my laptop playing up , anyway i have amended it now .

[Pixie]

Re: spent2much UE diary

You could send SH's Formal Complaint letter in post #1227, suitably edited.

[Spent2much]

Re: spent2much UE diary

i will do that i think, where is SH i haven't seen him on here for ages i hope he is okay

[Still Waving]

Re: spent2much UE diary

//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.

update ignore ?[/QUOTE]

It looks like they are trying to frighten you by listing scenarios which are several steps ahead, even if they did take legal action, and so far they are only saying MAY pass to solicitors who MAY instigate legal action. I can't see from your history that you have sent capquest a SWID letter. If not, then I would think that is the first response to get off to them.

[Spent2much]

Re: spent2much UE diary

Type of account (credit card) husband's

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

Approx balance.( £2,242.71

Date last paid (22/06/2012)

Are you on arrangement or not paying (stopping dmp )

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

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

12/02/2013 from barclaycard

cca recon sent to niddy


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

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

I am sorry that you have had reason to complain.
I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .
I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.

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

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

_____

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


___________


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

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

28/02/2013 from barclaycard

Thank you for contacting Barclaycard.

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

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

I hope this information is of some assistance to you.



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


5/03/2013
Niddy says still

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

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

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

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

With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
11/10/13 from Rapid Recoveries
Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.

We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.

Pleas call us to discuss ways we can help.

Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.

update

[Spent2much]

Re: spent2much UE diary

[QUOTE=Spent2much;206745]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.

To avoid further debt recovery action our client requires payment of £2.400.78.

YOU MUST CONTACT US NOW to discuss the matter further..
12/10/2013 fredrickson international
LETTER BEFORE ACTION

THREAT OF COURT ACTION AND BAILIFF SHOULD THEY GET A CCJ AGAINST ME .


update, only on the 16th August Simply Be wrote to me saying they couldn't find the agreement and said all recovery action will now cease , but then they have passed the account to Fredrickson International who are now threatening court action .
What should i do now please ?

[Spent2much]

Re: spent2much UE diary

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.

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.


12/10/2013 -FREDRICKSON INTERNATIONAL

LETTER BEFORE ACTION

There remains a balance outstanding on this account and legal action is now being considered . Should it be necessary to instruct solicitors to issue proceedings in the County Court, further additional amounts will be claimed which may increase the balance outstanding.

threat of courts cost and CCj's and none payment and bailiff ect .

update, only on the 16th August Simply Be wrote to me saying they couldn't find the agreement and said all recovery action will now cease , but then they have passed the account to Fredrickson International who are now threatening court action .
What should i do now please ?

[alland]

Re: spent2much UE diary

I have an alleged Barclaycard account sitting with MKDP, I've been playing letter ping pong with them for around 9 months now, they are a bit like a dog with a bone and won't let go, in fact just received a letter yesterday telling me that as I have ignored repeated requests for payments, they are giving me one last chance to roll over and pay or they are passing it over to their pre litigation dept. (eg: the wally sat at the next desk!) Like I say they are persistent little bu8ggers, but it has took them over 9 months to get this far....

Good luck with beating them off.

[alland]

Re: spent2much UE diary

Ref. Simply Be, If it was me I would write back to Fredricksons and inform them that the account is in dispute with Simply Be, and has been since they failed to comply with your CCA request, and to date they are still looking for your agreement, so at this time your position remains unchanged.
Thank you and goodbye.....

[Spent2much]

Re: spent2much UE diary

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.
14/10/2013 from westcot

westcot credit services we have been instructed by our client to collect the outstanding balance on their behalf.

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

TO AVOID WESTCTO TAKING FURTHER ACTION YOU MUST

PAY THE FULL BALANCE TO WESTCOT

update

[Spent2much]

Re: spent2much UE diary

I think i will send a sold while in dispute letter regarding Barclaycard account #1236

[Still Waving]

Re: spent2much UE diary

I think i will send a sold while in dispute letter regarding Barclaycard account #1236

I think I would too.

[Spent2much]

Re: spent2much UE diary

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 *********

Can anyone sugggest what to do about the above letter from Westcot who threaten further action within 10 days from reciept of the letter which was 02/10/2013 ?
I can't send a SWID letter they have already had that , should i ignore or is their threat likely to be followed through with ?

thanks

[Pixie]

Re: spent2much UE diary

If it were me I would just ignore it.

If they're making reduced settlement offers they're unlikely to take legal action. They're just trying to scare you..."further recovery action" often just means more letters.