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Re: The SaltnVinegar UE Diary
Nice one SnV
Nice one SnV
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Re: The SaltnVinegar UE Diary
Quick update on this, despite MKRR giving me '7 days' before escalating things to Keynes Collections, received a letter from Keynes Collections them which was dated only 6 days from the last MKRR letter. So letter gone to Keynes as follows:Originally posted by SaltnVinegar View Post
Dear Sir/Madam
FORMAL COMPLAINT
Thank you for your letter dated 12/8/2014, received 15/8/14.
Firstly I suggest you take note as copy of this correspondence is being sent to the Financial Conduct Authority (FCA) due to your aforementioned letter stating that I “have failed to respond to previous correspondence”.
This statement is factually untrue, and with respect, is an outrageous lie. I contacted MKDP LLP on receipt of their very first letter, and they have, in fact, received letters (all sent via recorded delivery) dated the following:
- 11th April 2014
- 3rd June 2014
- 22nd July 2014
- 11th August 2014
In particular MKDP LLP have failed to address any of the points in the letter sent to them dated 22/7/2014. In the event that my letter of the 22/7/2014 has been misplaced I enclose a further copy for your attention.
As can be seen from my letter of 22/7/2014 the above alleged account is firmly disputed, yet MKDP LLP have failed to even acknowledge my letter, have ignored the matters put to them and instead continued 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 22/7/2014 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.
The above account is plainly disputed, with sufficient evidence (provided by MKDP LLP themselves in response to previous correspondence!) that the agreement that has been sent relates to a different individual.
I should also draw your attention to the letter sent by MKDP LLP dated 6/8/2014 received 11/8/2014, which states a response should be received within 7 days before escalation to yourselves (Keynes Collections).
As your letter is dated 12/8/2014 (i.e. 6 days after the date of the letter from MKDP LLP), and considering the delivery date expected due to the postage used, this seriously prejudices me due to a lack of reasonable period of time to reply.
As your letter of 12/8/2014 makes threats of litigation, I should also remind you of your obligations under the Practice Direction-Pre-Action Conduct (“PD-PAC”) as your letter fails spectacularly to comply with the requirements of PD-PAC.
Should you be in any doubt as to your position with regard to PD-PAC my letter dated 22/7/2014 has already identified your firms 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.
I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre action protocol.
Should you issue a claim as stated in your letter in the next 14 days (I assume that this is from 12/8/14), then I place you on notice of the following:
- On receipt of a claim I will make an emergency application to the court under the CPR Pre Action Protocol
- I will seek an order of the Court staying the Claim to allow for compliance with the Protocol
- On securing such an order, I will seek an indemnity award of costs against your firm on the basis that the issuing of a claim under these circumstances is premature, contrary to the ethos of the CPR, contrary to the overriding objective and disproportionate under the circumstances.
The level of costs I will be seeking will be likely to exceed the amount claimed as I will not be just be claiming costs at the litigant in person rate but at the actual amount of loses I sustain in making such an application. You have been warned.
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 22/7/2014.
I reserve the right to refer to the contents of this letter and the present a copy of the same to the Court."I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Already been down the same route, next letter will be from MKDP. Then will go full circle once again.Comment
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Re: The SaltnVinegar UE Diary
Thanks, we'll see where this goes. Keynes are known for issuing claims like confetti but the dispute here is a little more clear cut, as they cannot even demonstrate they can provide a true copy of the agreement. That doesn't mean they won't chance their arm however......Originally posted by Enforcer View Post"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
So response from MKRR today that they are unable to resolve my query, need to investigate, and may need to contact the original creditor. Look forward to seeing what rats they can pull out the hole with that one..Originally posted by SaltnVinegar View Post"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Wow! is all I'll say. I've had some funny doorstep threat letters over the years but this one is great! So for those starting on their UE journey's and wondering how these letters can potentially breach guidelines then look at the classic below.Originally posted by SaltnVinegar View Post
So the title states 'Notice of Impending Visit' in big letters. This is obviously intended to frighten a debtor into thinking 'the boys' are going to be sent round. So what do FCA/OFT guidelines have to say about this?
FCA CONC Section 7.9.12
A firm must ensure that a person visiting a customer on its behalf:
1) Clearly explains to the customer the purpose and intended outcome of the proposed visit (paragraph 3.12 of the OFT debt collection guidance)
2) Give the customer adequate notice of the date and likely time (at a reasonable time of day) of the visit (paragraph 3.13g of the OFT debt collection guidance)
FCA CONC Section 7.9.14
7) Visit or threaten to visit a customer without the customers prior agreement when a debt is deadlocked or reasonably queried or disputed
So this letter fails not only to state the purpose of the threatened 'Impending Visit' but also fails to give adequate notice of the date and likely time of the visit. The account is also firmly disputed so they fall foul of section 7.9.14.
If BCWgroup then try to claim they were unaware of the dispute then they fail under numerous articles in FCA CONC Section 7.13
So in short - got them by the short and curlies!
"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Well MKDP still unable to resolve my dispute. Problem they have created for themselves is they have sent me documentation that relates to two different individuals. I'm hoping that this will be fatal to them now as they cannot credibly state that they can provide a true copy of any agreement that may have been entered into........Originally posted by SaltnVinegar View Post
"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Typically depressing and cynical behaviour from DCA's - have seen an increase in activity the last couple of weeks as Christmas draws near. Same every year, but shows their ethics that they increase the harassment levels when they suspect that people may have been putting some money aside."I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Well this is an arse - for some mysterious reason, Lowells have reopened 4 of the Shop Direct accounts that they had previously closed and restarted the whole collections cycle.Originally posted by SaltnVinegar View PostVery (Shop Direct):
- Type of account - Catalogue Account
- Date commenced - Early/Mid 2007 (not sure exactly)
- Approx balance - Approx £300
- Date last full payment - August 2010?
- Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
- Status - Default notice received. Default registered with CRA Feb 2011
- Account owner - Lowell
13/11/2014 - Letter from Lowells
So looks like back to square 1, and step 1 of the UE process - first letter to go will be the 'prove it' letter and see if I can drag this out another 2 years............."I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
- Type of account - Catalogue Account
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Re: The SaltnVinegar UE Diary
Hi SnVOriginally posted by SaltnVinegar View Post
When Lowell previously closed the accounts, did they send you letters confirming that no further action would be taken against you? If so, I would hit them with those.Comment
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Re: The SaltnVinegar UE Diary
Yeah they did, but they did not state that 'no further action would be taken'. I've moved house, and I noticed that they have my new address (which I did not inform them off), so suspect that something on my credit file may have altered and a flag has been raised with them.Originally posted by Still Waving View Post
Will be interesting to tackle them again, as the enforceability issue I argued was different to the usual s61/77/78/79 approach as I challenged them on unfair relationship provision with regard to charges.
But........... all in good time, happy to play the long game on this and drag it out again."I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Well I can add my account to the list of O/D's that have been sold to 1st Credit. Will wait for the first 'proper' letter from 1st Credit, and will then hit them with the o/d CCA letter and see what happens.Originally posted by SaltnVinegar View Post"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Well well - AMEX have finally registered a default with the CRA's after many many months of 6 month late payment markers. I also notice that they have the status of my account as 'Gone Away'.Originally posted by SaltnVinegar View Post
Now I have changed address, and mail they have sent me is being forwarded to me - question is do I write to inform them of my new address incase they try to get a sneaky court claim in?
Or, do I let sleeping dogs lie and let them trace me to my new address (which shouldn't be too difficult - Lowells nailed it within 2 months!)
Thoughts?"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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Re: The SaltnVinegar UE Diary
Personally I don't think I would notify them let them find you (if they must)if you do it today and you like it you can always do it again tomorrow
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
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Re: The SaltnVinegar UE Diary
Letter from Lowells - They are going to assess my financial circumstances to determine what options are available to them to recover the debt. Morons - they know full well what options may be available to them!Originally posted by SaltnVinegar View Post"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
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