The SaltnVinegar UE Diary

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

How much do you owe mate?

We can try and help get it written off -

I did it recently for another user, I think it was in merchant rentals but we've done it maybe 5-6 times to date - it's a great bargaining chip

Gimme a shout if you need help with that mate, you get one chance to kill it at this stage so don't rush in....

Thanks Niddy. Its for £2.5k. I did recall another thread somewhere with similar circumstances, just couldn't find it

[SA Gold]

Re: The SaltnVinegar UE Diary

Just wanted to pop in and say i've got my fingers crossed for you on this one SnV

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Just wanted to pop in and say i've got my fingers crossed for you on this one SnV

Thanks SA

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

SnV did we ever do anything about the other info being received? I really can't remember.... lol

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

SnV did we ever do anything about the other info being received? I really can't remember.... lol

Hello mate - not your dodgy memory - just haven't got round to scanning in the documents and sending them to you yet, lots of things going on. Will ping them over to you and let you know when I do.

MKRR did call my mobile today so suspect will get the next nasty letter soon.

[PlanB]

Re: The SaltnVinegar UE Diary

MKRR did call my mobile today so suspect will get the next nasty letter soon.

And MKRR will get a nasty letter back from you too since they are bang out of order with this latest development

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

And MKRR will get a nasty letter back from you too since they are bang out of order with this latest development

Thanks Plan B - yes I'm looking forward to putting together the next response. I suspect they may still try to pursue the matter, but makes it very difficult for them to say with 100% certainty (or even 70%) that any future reconstructed agreement could be accurate

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Barclaycard:

• Type of account - Credit Card
  
  
• Date commenced - Unknown
  
  
• Approx balance - £2500 (allegedly)
  
  
• Date last full payment - Unknown
  
  
• Are you on arrangement or not paying - Neither
  
  
• Status - No CRA record, do not recognize alleged debt
  
  
• Account owner - MKKR

Key:
Blue - Communication Sent
Red - Communication Received

10/4/2014 - Text received from MKKR
11/4/2014 - Introduction letter received from MKKR
11/4/2014 - Prove it letter sent
16/5/2014 - Letter from MKKR with supposed account statements (which arrived after letter dated 25/5!)
22/4/2014 - Letter received from MKKR - we want to offer a payment plan blah blah
25/5/2014 - Letter from MKKR that they are unable to comply with my request - liaising with client
3/6/2014 14:15 - Phone call from MKKR
4/6/2014 - CCA request sent
3/6/2014 - Letter from MKDP - unable to resolve my query
11/6/2014 - Letter from MKDP - Reconstituted credit agreement sent
16/7/2014 14:29 - Phone call from Compello
16/7/2014 - 17:52 - Phone call from Compello

CCA request response from MKRR now emailed to Niddy. Fingers crossed their error is fatal

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Barclaycard:

• Type of account - Credit Card
  
  
• Date commenced - Unknown
  
  
• Approx balance - £2500 (allegedly)
  
  
• Date last full payment - Unknown
  
  
• Are you on arrangement or not paying - Neither
  
  
• Status - No CRA record, do not recognize alleged debt
  
  
• Account owner - MKKR

Key:
Blue - Communication Sent
Red - Communication Received

10/4/2014 - Text received from MKKR
11/4/2014 - Introduction letter received from MKKR
11/4/2014 - Prove it letter sent
16/5/2014 - Letter from MKKR with supposed account statements (which arrived after letter dated 25/5!)
22/4/2014 - Letter received from MKKR - we want to offer a payment plan blah blah
25/5/2014 - Letter from MKKR that they are unable to comply with my request - liaising with client
3/6/2014 14:15 - Phone call from MKKR
4/6/2014 - CCA request sent
3/6/2014 - Letter from MKDP - unable to resolve my query
11/6/2014 - Letter from MKDP - Reconstituted credit agreement sent
16/7/2014 14:29 - Phone call from Compello
16/7/2014 - 17:52 - Phone call from Compello
23/7/2014 - Final Notice letter from Compello saying that account will be passed to their 'pre-legal' department for review
23/7/2014 - Sent a 'special' letter disputing debt

Received a 'Final Notice' from MKRR today saying that they have passed my account to their 'pre-legal' department for review. Well lets see how they chew when they get my response.

[Deepie]

Re: The SaltnVinegar UE Diary

Let's see it.....

[Enforcer]

Re: The SaltnVinegar UE Diary

They will now pass this on to Keynes who will threaten legal action. Then pass it back and the whole cycle starts again.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Let's see it.....

LOL I'll wait for their response and then show you what I sent. There was a combination of facts particular to how they've cocked up my CCA request and the LBA response from our templates section as I received a legal threat today.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Barclaycard:

• Type of account - Credit Card
  
  
• Date commenced - Unknown
  
  
• Approx balance - £2500 (allegedly)
  
  
• Date last full payment - Unknown
  
  
• Are you on arrangement or not paying - Neither
  
  
• Status - No CRA record, do not recognize alleged debt
  
  
• Account owner - MKKR

Key:
Blue - Communication Sent
Red - Communication Received

10/4/2014 - Text received from MKKR
11/4/2014 - Introduction letter received from MKKR
11/4/2014 - Prove it letter sent
16/5/2014 - Letter from MKKR with supposed account statements (which arrived after letter dated 25/5!)
22/4/2014 - Letter received from MKKR - we want to offer a payment plan blah blah
25/5/2014 - Letter from MKKR that they are unable to comply with my request - liaising with client
3/6/2014 14:15 - Phone call from MKKR
4/6/2014 - CCA request sent
3/6/2014 - Letter from MKDP - unable to resolve my query
11/6/2014 - Letter from MKDP - Reconstituted credit agreement sent
16/7/2014 14:29 - Phone call from Compello
16/7/2014 - 17:52 - Phone call from Compello
23/7/2014 - Final Notice letter from Compello saying that account will be passed to their 'pre-legal' department for review
23/7/2014 - Sent a 'special' letter disputing debt
11/8/2014 09:50 - Phone call on mobile from MKRR (new number)
11/8/2014 - Letter from MKRR stating that due to non payment account will be passed to Keynes Collections for litigation consideration

Well looks like MKRR have completely ignored my last letter. Standard template letter received today stating that as no payment has been made, or payment arrangement made, they will pass the account to Keynes Collections. I also had a phone call on my mobile from a new number for them (though still an 0333 number so ignored it).

Think I will refer them back to my earlier letter and point out their lack of response to a genuinely disputed debt.

[MrsD]

Re: The SaltnVinegar UE Diary

a nice succinct one liner, this mob are too good at ignoring what they don't know how to deal with

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

a nice succinct one liner, this mob are too good at ignoring what they don't know how to deal with

Thanks Mrs D - Not quite a one liner though in response, if I'm going to pay the cost of a stamp I like to get my moneys worth ........


Dear Sir/Madam

FORMAL COMPLAINT

Thank you for your letter dated xx/xx/2014, however I was disappointed to note that your letter failed to address any of the points in the letter sent to you via recorded delivery dated xx/xx/2014. In the event that my letter of the xx/xx/2014 has been misplaced I enclose a further copy for your attention.

As can be seen from my letter of xx/xx/2014 the above alleged account is firmly disputed, yet you have failed to even acknowledge my letter, and have ignored the matters put to you and continued instead on a conduct that can only be considered harassment.

You should be fully aware of the contents of the Financial Conduct Authority Consumer Credit sourcebook (FCA CONC), in particular the following sections:

7.5.3 A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

7.14.1 A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.

7.14.3 Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner.

7.14.4 Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.

With respect to the above sections of FCA CONC:

• Your firm have done nothing to provide a clear justification, or provide evidence why the claims I put to you in my letter of xx/xx/2014 are not valid but instead continue to make demands for payment with threats of legal action if no payment is made

• Your firm has not suspended debt recovery steps on what is obviously an account with a valid dispute

• Your firm has not investigated the matters of the dispute, not provided the requested details of the alleged debt in a timely manner (refer to my letter dated 22/7/2014)

• Your firm have done nothing to establish that I am the correct person in relation to the above alleged account as per one of the items of dispute in my letter dated 22/7/2014

In consideration of your above conduct I will also be making the Financial Conduct Authority aware of your firms breaches of the Consumer Credit sourcebook and providing recent correspondence as evidence of such.

As your recent letter of xx/xx/2014 continued to make threats of litigation, I should also remind you yet again of your obligations under the Practice Direction-Pre-Action Conduct (“PD-PAC”).

My letter dated xx/xx/2014 has already identified your previous failures under PD-PAC, and your above conduct with regard to the breaches of FCA CONC also place you in further failure of the aforementioned requirements. You are advised that any litigation on the basis of your current position will result in an immediate application to the Court requesting the matter stayed with costs against you 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.

As previously advised, I strongly suggest that you refer this account back to your client, or alternatively the account us closed unless any further correspondence from you addresses the valid dispute and matters raised in my letter dated xx/xx/2014.