Spud's UE Diary

[JLC]

I think the sooner you tell them the better otherwise they may start asking why you didn't say anything sooner and could become part of their defence for someone avoiding the debt. Saying that, I don't think they really understand as the response to my swid was that there was no record of me requesting information from them, although they stated that they passed it to the disputes team (the letter came from the complaints team and included all the FOS leaflets etc). I sent the SWID on mine because I'm going to Australia for a month in September and didn't want any (or very little) letters coming while I'm away, so at least this will keep them off my back for a couple of months (hopefully longer).

[Westham1]

My Cabot letter last week didn't mention any possible legal action. I thought yours maybe did as you are nearing sb, but I've just looked back through your diary and in post #14 you mention that you were making a £1 token payment in 2013,which means your Tesco debt won't be sb until 2019, so I don't know why you seem to have received a different letter this time to myself and others on the forum.

[Spud]

Ok

Well after finally finding my UE Diary in the AAD dark damp murky cellar ( As I have not updated it for so long and Niddy was using it to prop up the many shelves !!!) Its time to update it

I need a few opinions please....

Like many people I have received a long list of letters from Cabot that in all honesty contain so little information that there is literally nothing to reply to for a "UE seeker" type person....after all....Why would you?

Not replying has and is working for many ( Me included on a couple of accounts) and has brought me months of nothing but a friendly letter - And to be fair I have gone past the stage where people write to me so I have been rather looking forward to the regular friendly letters

I ( and a few others from what I can see) have now received a letter that makes reference to the account being reviewed for legal action ( See Tesco Credit Card account above) - Wording that is nothing new to most people on AAD and is usually something that is banded about by DCA's as a bit of a toothless frightener ( Unless the letter makes specific threats/LBA etc) - In the context of this letter it is nothing I am overly concerned about

The question comes, With Cabot having written to me several times since they bought the account.....and me never replying......As there was nothing to reply to.....Does this letter signal the time to finally reply or continue the standoff?

To be honest I am torn down the middle, One half of me thinks silence is golden and see what they send next and the other ( More reasonable) half thinks, Well to be fair to Cabot, They don't yet know that they have bought a lemon and of course they cannot be expected to know if nobody has ever told them ( Not that I have any intention of telling them why etc)

Cabot can be a bit hasty with hitting the litigation button so It may be wise to gently advise them that the account is well in dispute before they go thinking that they will meet no resistance with a claim. Nip it in the bud as it were........They could never said I didn't tell them. Although I have every confidence that I would win, who in their right mind would want to go down the claim route?

So, The question is.....Silence is golden or finally sent them a sold in dispute letter? I can see the pro's and cons of each course of action...

[Spud]

Tesco Credit Card

Start: July 2000
Balance: £3000
Last Full Payment: Nov 2011
Present: Not making payments
Status: Defaulted. Terminated, DCA Merry go Round - Sold to cabot

2012

Jan 19th
Default sum notice received
Jan 20th
Change of Circumstances letter sent
Feb 1st
Arrears letter received
Feb 10th
Financial statement request - Sent reply
Feb 18th
Letter received detailing last two payments
Feb 22nd
Contact in letter only and token payment
March 1st
Default notice received
March 22nd
Letter aknowledging my token payments
March 21st
CCA Request letter sent
April 5th
Token payment letter sent
April 16th
CCA reminder letter sent
April 16th
Request for signature for CCA
April 19th
Letter received detailing my last two payments
April 20th
Letter asking for signature ref CCA request – Declined
April 20th
Reply to signature request and reminder letter
April 20th
Termination letter received
April 26th
Letter asking for my signature ref CCA request
May 2nd
Formal complaint - Not replying to my letters - Kept my £1 CCA fee ect
May 17th
Account in dispute letter sent
May 29th
CCA Reply Received - Application form & terms (missing date!)
May 30th
Account in despute letter sent - Cannot read terms sent ect
June 9th
Letter received - Cannot yet respond to formal complaint
June 15th
Another ( Same) copy of application form received
June 19th
Letter – Please freeze interest and token payment
July 18th
Letter – Please freeze interest on the account and token payment
July 19th
Monthly budget form received wanting I & E details
July 19th
Default sums letter plus last 2 payments letter
August 20th
Contact by letter and please stop interest letter plus token payment
Sept 3rd
Letter received – No interest is being added to account…..Finally
Sept 3rd
Monthly budget form received
Sept 20th
Letter – Contact by letter only plus token payment
Oct 8th
We accept your token payment offer
Oct 22nd
Contact only be letter and token payment sent
Nov 17th
Token payment sent
Dec 18th
Token payment sent


2013

Jan 21st
Token payment sent
Feb 6th
CCA emailed to Niddy –Niddy says UE
March 4th
We have not received your payment “you agreed to make” letter
March 19th
Reply to above.....There is not an agreement in place
May 27th
Letter - Account passed to recoveries team
June 18th
We are concidering passing to an external Collections agency
June 20th
I am still awaiting a reply to a letter of complaint dated 19th March - No reply
June 25th
We are concidering legal action to recover your debt
July 2nd
Modified "Prove it" letter sent - Not satisfied CCA request
July 4th
Sorry to hear of your complaint - We will investigate
July 11th
We are not in a position to respond yet letter
July 15th
We will shortly be taking further action against you to recover the debt
July 24th
Tesco Bank - We are still investigating your complaint
July 30th
Tesco Bank - You must take action - Call us today
Aug 15th
Tesco Bank - Account passed to Moorcroft for collection
Aug 21st
Moorcroft - Introduction letter
Aug 22nd
Tesco Bank - We will only contact you in writing - Reply to complaint
Aug 30th
Moorcroft - Possible further Action - Contact us
Sept 2nd
Letter sent to Moorcroft - No CCA received and Telephone harassment
Sept 8th
Thankyou for your recent letter - If you want proof of account - Send £1
Sept 13th
Moorcroft - Monthly installment offer letter received
Sept 27th
Midas Credit Services - Possible further Action letter
Sept 30th
Letter to Midas - Telephone harassment letter sent
Oct 5th
Moorcroft - Explaining our position - No reason for non payment ect
Dec 19th
Moorcroft - Offering me a monthly installment offer

2014

Jan 3rd
Letter from Midas Credit Services - Possible further Action
Jan 17th
Letter from Moorcroft - We are passing this tyo our home collections division.....Division Love it!!!
Feb 9th
Letter from Moorcroft - Discount offer letter
Feb 10th
Letter to Moorcroft - Harassment/No contact other than in writing letter sent
Feb 21st
Letter from Moorcroft - We can confirm that this account is now closed on our system
Feb 21st
Letter from Tesco Bank - We are passing this account onto Robinson Way
Feb 27th
Letter from Robinson Way - We are going to negotiate repayment of your debt letter
Mar 8^th
General – We would like to help you letter from Robinson Way

Mar 28^th
Letter sent to Robinson way – I have no knowledge of a debt with Robinson Way

April 10^th
Letter from Robinson way – We are requesting a copy of your agreement for you

June 4^th
Letter from Robinson way – We are still waiting to hear from our client ref your disputed debt

June 7^th
Letter from Robinson way enclosing a bad photocopy of a credit card application form

July 25^th

Letter from Robinson way – We want to work with you to find a solution

August 16^th
Letter from Tesco Bank – We are passing the account onto Wescot

August 21^st
Introduction letter from Wescot

August 31^st
We can confirm that you are resident at that address letter from Wescot

Sept 10^th
Discount offer from Wescot

Oct 1^st
We want to work with you letter from Wescot

Oct 11^th
Letter from “2F” Confirming that I live at my house !!!

Oct 27^th
Letter to Wescot – I am not aware of any debt being owed to Wescot/Prove it letter

Nov 11^th
Letter from Wescot – Thank you for your contact – We will investigate

Nov 14^th
Letter from Wescot – We enclose a copy of your application ( Which was not enclosed)

Dec 28^th
Letter from Wescot – We are awaiting further information from our client


2016

Nov 9^th
Letter from Tesco Bank – We are assigning this account to Cabot Financial (UK) ltd

Dec 17^th
Introduction letter from Cabot

Dec 31^st
We really want to help you letter from Cabot

2017

Feb 6^th
Letter from Cabot – We would really like to hear from you ( No threats)

Feb 25^th
Letter from Cabot – We have being trying to contact you – our aim is to help you ( No threats)

March 31^st
Letter from Cabot – We want to work with you to clear this debt ( No threats)

May 4^th
Letter from Cabot – We have not heard from you letter ( No threats)

July 24^th
Letter from Cabot – We need your attention


“At the moment we dont have any payments been received or a commitment to a repayment plan

As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action

You need to contact us within 28 days so that we can prevent this from happening”

[nanna58]

Re: Spud's UE Diary

It's so maddening how they try to get you to ring them and admit an alleged debt "50%" whoopie ....not xxxxx

[Enforcer]

Re: Spud's UE Diary

Letter today from Robbers Way,
A Reduction to help you clear your balance. Offered 50% reduction. Don't think so!

[Spud]

Re: Spud's UE Diary

then state you'd be more than happy to prove this before a court - so get on with it..

As mad as it makes me feel, These are the games that DCA's play and although they should not, They do time and time again

I agree which what you had said but I am not sure I would want to back myself into a position by saying that....We never take the fight to them

[cardiac arrest]

Re: Spud's UE Diary

Thanks Spud & Cardiac arrest. I have thought about both of your suggestions. With the cost of them now trying to take this to court @ £410, I think they are hoping that I reply and acknowledge a debt. Otherwise I do not think that they would waste the money on court action with a FOS judgement in my favour. I normally reply to letters from DCA's, but in this instance think I will sit and wait.

I think that is a sensible decision - they gave you 14 days then will 'resume collection activity'..which probably just means more silly letters.

[Enforcer]

Re: Spud's UE Diary

Thanks Spud & Cardiac arrest. I have thought about both of your suggestions. With the cost of them now trying to take this to court @ £410, I think they are hoping that I reply and acknowledge a debt. Otherwise I do not think that they would waste the money on court action with a FOS judgement in my favour. I normally reply to letters from DCA's, but in this instance think I will sit and wait.

[cardiac arrest]

Re: Spud's UE Diary

Please be advised that as stated by the Financial Ombudsman Service, Barclaycard had complied with your CCA request and provided the documentation that they were able to. The FOS asked Barclaycard to provide you with a legible copy of the agreement which they have done, therefore the debt is still payable.

if this is not the truth I'd be tempted to simply write back and tell them it isn't (if you can prove it), then state you'd be more than happy to prove this before a court - so get on with it..

that might be easy for me to say, but doesn't it just make you mad.

[Spud]

Re: Spud's UE Diary

I have not looked into the details but from what I remember of your case and based upon the fact that you have told them pretty much everything they need to know, Perhaps too much? Realistically what more could you tell them?

You have told them the position and they refuse to acknowledge or accept it.....Why do you think that is? The answer, Because they can. Yes its unlikely to go anywhere, They know that but on paper they still have the option to ignore what you are telling them. I would suggest that by replying in such a way they are hoping that you will write back with complaint and again hoping that you will slip up with the old "I have told you about MY account etc"

There is nothing more to tell them that they do not already know. My advice would be to not reply. You have a strong position and although the standard advice is to lay a paper trail etc, Sometimes it would be foolish to compromise your position

[Enforcer]

Re: Spud's UE Diary

I have had a letter from Robbers Way saying our client has no information regarding a FOS complaint, simply wrote back with a copy of my letter to them dated 15th November 2015 when I enclosed ALL details of FOS adjudication in my favour, and e mails between myself & FOS. Told them I will not supply the information again. Up to them now, had everything, and trying it on!

Reply from Robinson Way 19/03/2016.
We write further to your correspondence, the contents of which have been noted. Thank you for providing us with the information requested.

Please be advised that as stated by the Financial Ombudsman Service, Barclaycard had complied with your CCA request and provided the documentation that they were able to. The FOS asked Barclaycard to provide you with a legible copy of the agreement which they have done, therefore the debt is still payable.

MKDP LLP have issued a final response to you on 11th September 2014 and again on 14th April 2015.

Please note that you remain liable for the above balance and we now require your affordable offer of payment within the next 14 days. A financial statement has been enclosed to assist you with this.

If we do not hear from you after this time, collection activity will resume.

You really couldn't make this lot up! There client is Hoist Portfolio, they have obviously got access to MKDP data base, same company. The whole FOS case
was won because Barclaycard consistently Refused to comply with my CCA requests in writing, FOS asked them to supply a typed up version of CCA and they could not, nor could they supply FOS with terms and conditions. Robinson Way Customer Contact Manager, obviously read it then turned it into a Fairy Story!

Suggestions on what to do next?

[Spud]

Re: Spud's UE Diary

Sounds very familiar

[Enforcer]

Re: Spud's UE Diary

I have had a letter from Robbers Way saying our client has no information regarding a FOS complaint, simply wrote back with a copy of my letter to them dated 15th November 2015 when I enclosed ALL details of FOS adjudication in my favour, and e mails between myself & FOS. Told them I will not supply the information again. Up to them now, had everything, and trying it on!

[Spud]

Re: Spud's UE Diary

Barclaycard Mastercard

Start: 2001
Balance:£8000
LastFull Payment:Nov2011
Present:Not making Payments– last Feb 2013
Status:Defaulted. Sold toMKDP/Hoist/Robinson Way

2012

Jan20th
Changeof Circumstances letter sent
Feb8th
Letterreceived agreeing to token Payments
Feb22nd
Furthercontact letter sent – Thankyou for Token payments ect
April8th
Mercers- Default notice Received
April10th
Mercers– Immediate action needed – Threat of Doorstep Collector
April18th
ResolvecallIntroduction letter
April21st
Replyto Resolvecall – Prove it letter
April27th
Mercers– 48 hours notice of doorstep collector
May4th
Resolvecall– No longer dealing with account
June6th
Mercers- £1.00 Token payment offer letter
August8th
Phonecallasking to confirm address – We’ve got a parcel to deliver -Capquest
August9th
Capquest– Doorstep visit threat o gram letter
August24th
Capquest– Letter before action letter threatening Bailiffs ect
Sept8th
Capquest– Letter confirming no interest or fees added to account
NODATE ON LETTER
HLLegal – Court proceedings May be taken letter
Sept23rd
Capquest– Apparent we need to start litigation/ Reduced offer letter

2013Feb11th
CCA request sent to Barclays
Feb7th
Capquest - Please contact us letter received
Feb20th
Capquest - Falsely claim that I had acknowledged to pay £1PCM - I did not
Feb 24th
Barclaycard - CCA (Recon Received)Niddy says U/E
March 8th
Barclaycard - Have sent a copy oforiginal Application - Totally U/E
Aug 21st
Barclaycard -Account passed to APEX for collection
Aug 28th
APEX Welcomeletter received
Sept2nd
Prove it letter sent to APEX
Sept7th
Apex - Explination letter received
Sept 30th
Apex -Please contact us letter
Nov 18th
Apex - Please contact usletter
Nov25th
Sold in dispute letter sent to APEX
Nov29th
Thank you for your letter dated 25th Nov - If you want a copyof your CCA send £1 payment ??????
Dec 7th
Letter from Apex -Our enquiries show that you are resident at this address - They onlyhad to ask !!!

2014

Jan4th
Letter from Apex - We are authorised to concider a discountedsettlement - Contact us
Feb10th
Letter to Apex - This account is in dispute letter sent
Feb26th
Letter from Barclaycard and MKDP ( Sent together from MKDP) -This account has been sold to MKDP LLP - You need to contact us torepay this debt
Mar7^th
Letterfrom MKRR – We have not received your offer of Repayment
Mar10^th
Letterto MKRR – Prove it letter
Mar16th
Letterfrom MKDP – Informing me that they are the new owners of theaccount
Mar22^nd
Letterfrom MKRR – We have not received your offer or Repayment
Mar24^th
Letterto MKDP – Harassment issues and not convinced by your letter ofassignment which was a poor photocopy – I am concerned it may befraudulent
Mar26^th
Letterto MKDP – CCA request sent
Mar27^th
Letterto MKDP – Official complaint – Harassment/ 2 x DCA's chasing thesame account ect
April9^th
Letterfrom MKDP – Unable to fulfil CCA request at this time
May13^th
Letterfrom Barclaycard – What they claim to be a CCA reply – Blankpaper with an incorrect address and “right to cancel box” –Thats it!
May15^th
Letterfrom MKDP – Barclaycard should have sent you a copy of the noticeof assignment – Also sent me some old statements?
May20th
Letterto MKDP – Account sold in dispute
May21^st
Letterfrom MKDP – Unable to fulfil CCA request at this time
June18^th
Letterfrom MKDP – Unable to fulfil CCA request at thus time
July24^th
Letterfrom MKDP – Unable to fulfil CCA request at this time
Aug26^th
Letterfrom MKDP – Unable to fulfil CCA request at this time
October2^nd
Letterfrom MKDP – Unable to fulfil CCA request at this time
Nov4^th
Letterfrom MKDP – Unable to fulfil CCA request at this time
Dec13^th
Letterfrom MKDP – Unable to fulfil CCA request at this time


2015


Jan19^th
Letterfrom MKDP – Unable to fulfil CCA request at this time
Feb23^rd
Annualstatement of account from MKDP
Feb26^th
Letterfrom MKDP – Unable to fulfil CCA request at this time
Apr2^nd
Letterfrom MKDP – Unable to fulfil CCA request at this time
Apr7^th
Letterfrom MKDP – Reply to my CCA request – Right to cancel box on anA4 sheet and illegible terms and some old statements
Apr13^th
Letterto MKDP – Not complied with my CCA request, Illegible documentsreceived
Apr23rd
Letterfrom MKRR – We have not received your offer of repayment despiteour offer of help – What help?
May6^th
Letterto MKRR – Querying the content of their letter where they statethat they have offered me help to clear the balance.
May14^th
Letterfrom MKRR – Final Notice – You have not taken up our offer ofhelp ???????
May15^th
Letterfrom MKDP – Send a copy of a letter from a year ago whichapparently offers me help ????
May15^th
Letterto MKRR – I note your threat of litigation in your final noticehowever CCA request has not been satisfied
May23^rd
Letterfrom MKDP – Response to my recent letters, We are of the opinionthat we have complied with the CCA request and you are liable for theoutstanding balance – Copy docs enclosed
May29^th
Letterfrom MKRR – We have not received your offer of Repayment – Wehave no option other than to instruct Keynes Collections.....Ablatant lie as they were well aware CCA not complied with ect
May31^st
Letterto MKRR – Pointing out their blatant lie, They have not addressedany of the points that I have raised with them. Failure to satisfyCCA request, Not allowing any time to meet their impossible 7 daydeadlines due to delays in postage not giving opportunity to respond,harassment and feelings of distress ect ect
June4^th
Letterfrom MKDP – Notice of intended legal action – Reply within 14days
June5^th
Letterto MKDP – CCA request sent
June5^th
Letterto Barclaycard – SAR Request sent
June8^th
Letterfrom MKDP – It is our position that we have complied with your CCArequest
June10^th
Letterto MKDP – You have not supplied sufficient documentation to enableme to assess my liability – Not complied with CCA request.
June13^th
Letterfrom MKDP – CCA reply – Exactly the same as before – Incomplete& Illegible
June17^th
Letterfrom MKDP – We are not able to fulfil your request for information??????
July25^th
Letterfrom MKDP – We are not able to fulfil your request for information….
August27^th
Letterfrom MKDP - We are currently unable to provide a legible copy of thecredit agreement. We accept that we are therefore prevented fromenforcing the agreement with you while this state of affairscontinues
Oct10^th
Letterfrom Hoist Portfolio – Notice of Assignment to Hoist – Whichstates the balance was “Sold”
Oct28^th
Letterfrom Robinson Way – We need to set up a payment plan with you
Nov12th
Letter from Robinson Way – What are you able to pay? We want to work out a payment arrangement with you
Dec3^rd
Letter from Robinson Way – The overdue account remains unpaid – Your account is due to be transferred to Howard Cohen & co if you do not contact us/pay within 10 days
Dec7^th
Letter to Robinson Way – Advising that this account is in dispute with B/Card/MKDP and they have confirmed that it is U/E - Further contact only in writing etc.
Dec21^st
Letter from Robinson Way – We write to confirm that we have noted the dispute/query you have raised – We will stop all collection activity on this account




2016


Jan12^th
Letter from Robinson Way - Further to your recent request for a copy dxagreement – We are unable to obtain this as you must make a formal request in writing – We will waive the £1 fee - That old trick !!!!!!
Jan21^st
Letter from Robinson Way – We acknowledge the recent update you have provided us with regard to your current circunstances – Please send us your payment proposal within 30 days or we may instruct our Solicitors.
Feb1^st
Letter to Robinson Way - Referring to my letter dated Dec 7^th –Account in dispute – Confirmed U/E by MKDP – Unable to assess my liability due to the lack of compliance with CCA request and lack of information.
March5^th
Letter from Howard Cohen Solicitors – Unless acceptable proposals for paying are received within 10 days of the date of this letter, We are instructed to issue proceedings in the County Court with the view to obtaining a CCJ.






Updated Diary Entry for this account

Sorry - No idea why the words are joined together - will sort