clueless24 UE Diary

[clueless24]

Re: clueless24 UE Diary

Thank you I2D, I am sorry I'm so dim where do I find the missing PT template please?

[Deepie]

Re: clueless24 UE Diary

R'Dales have not sent anything different to what I have already been sent, which we know makes the account 100% UE. So I am guessing I should wait and see what comes next?

or send missing prescribed terms letter.........

[clueless24]

Re: clueless24 UE Diary

MBNA

Credit Card
Commenced 17-2-07
Bal £12,273.59
Last paid 5-3-10 required monthly minimum amount
Arrangement £1pm last paid 1-11-10
Status Default
Acc owner MBNA, AIC, Fredricksons, ARC, Arrow, Rossendales

3-2-11 CCA request sent
7-2-11 Delivered
21-2-11 CCA received
25-2-11 E-mailed Niddy the CCA
26-2-11 NIDDY SAY UE WHOOO HOOO!!! sent CCA query copy doc supplied
25-3-11 Recieved letter from Allied International Credit they are reviewing my file with Collection & Litigation Dept to consider if further action is required. However a one off early settlement offer is available at a 50% discount on the balance o/s to be paid on or before the 31st March and neither we nor our client will pursue you further in regards to the above account.
23-3-11 Ignore letter above
18-6-11 Recieved letter today from MBNA dated 24-5-11 (I have kept the envelope) in response to my letter of the 26-2-11 as above ? copy doc supplied. Saying they have supplied a true copy under sec 78, goes on to confirm date and how account was opened tick box, on line etc. We are satisfied that the regulated credit agreement into which we entered satisfies all relevent legal and regulatory requirments. As such there is no need to seek an enforcement order in order to exercise our rights
20-6-11 Niddy advises to ignore and update when I hear from FOS re PPI mis-sold
24-6-11 Letter from FOS upholding claim for miss-selling of PPI. MBNA have agreed to make a poposed offer of settlement and will write within 8 weeks but will be following FOS general approach for mis-sold policy.
8-7-11 Letter from F.O.S advising that MBNA will aim to complete the payment within the next 8 weeks
11-7-11 Letter received from MBNA (dated 8-7-11) We are taking further action to recover your debt. Following previous correspondence, which confirmed the termination of your MBNA credit agreement, please note you are still required to repay your debt. We have decided that we will take the action of placing your debt with a DCA to collect on our behalf. We will pass all your details to Fredrickson Int.
11-7-11 Letter from Fredrickson Int (dated 11-7-11) Do not ignore immediate payment required, we have been instructed by MBNA who have passed this account to us for collection of the outstanding balance. You must contact us immediately.
11-7-11 I2D send Acc sold whilst in default.
29-7-11 Received letter from Fred Int. We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the meantime we confirm that we have placed the account on hold.
10-9-11 Letter re PPI reclaim advising that a cheque will be sent within next 28 days to settle claim. I bet they don't as account is in default, but it would be nice.
Cheque arrived today, anyone need a sub?
18-11-11 Letter from Fred Int Account on hold for 28 days to give me time to contact our client send £1 for info etc.
17-12-11 Letter from Fred Int This debt must be paid within 7 days otherwise we will take immediate action, court fees of £190 and solicitors costs of £100 will be added to the debt. If a judgement or decree remains unsatisfied we may seek an enforcement or instruct a bailiff or sherrif officer to recover assets to discharge the o/s debt.
12-1-12 Letter from Fred Int we have referred the matter to our client and will revert to you as soon as we are in receipt of instructions, in the meantime we confirm that we have placed the account on hold.
24-1-12 Letters from MBNA and Arrow (notice of assignment) advising Fred Int will manage account and I should contact them asap to arrange repayment.
4-4-12 Letter from ARC Europe Ltd. The account remains unpaid and has now been passed to us for collection. We wish to make it quite clear that unless a substantial payment is made to us within the next ten days along with a firm offer to clear the rest of the overdue balance, we will have to notify our client and seek further instructions on what action they want us to take to recover this debt. We therefore suggest that it is very much in your interest to call us immediately on receipt of this letter. DO NOT IGNORE THIS LETTER OR THE TIME LIMITS WE HAVE REFERRED TO.
I2D send Account sold in dispute.
17-4-12 Letter from ARC. ARC is a debt collection agent acting in good faith on the instructions received from a "disclosed" principle, namely, Arrow. We are therefore authorised to write to you in connection with the above matter and have acted in accordance with our clients instructions and within current legistration and guidance. We reserve the right to produce our correspondence to any Tribunal, regulatory body or investigating authority to prove our compliance and good conduct in this matter. Our client is unaware of an outstanding dispute on this account we have referred your request for a copy of your agreement to our client, account on hold pending further instructions from our client.

10-5-12 Letter from ARC enclosing CCA a signed copy of the agreement (not signed as did it on line but know that it's irrelevant) which shows you agreed to the T&C of the contract, we require payment on this account. We wish to make it quite clear that unless payment is made in the next 14 days we will have to notify our client that we do not have a repayment plan and in those circumstances we will obtain our clients instructions on what further action they want us to take to recover this debt. Call us immediately.
I2D send Querry CCA template again

20-5-12 Letter from Arc in response to letter of the 10-5-12, We are instructed that the documents sent to you on the 9-5-12 are in the valid form. You may want to seek independant legal advice on this matter.
Pay the balance. Provide a full financial statement showing incomings, outgoings and a list of creditors with your token offer of payment, contact CAB, CCCS, Payplan and ND for free advice. We wish to make it quite clear that unless a payment is made to us within the next 14 days, along with a firm offer to clear the rest of the overdue balance, we will notify our client that we do not have a repayment arrangement with you and in those circumstances we will obtain our clients instructions on what further action they want us to take to recover this debt. Call us immediately.
I2D p378 Ignore for now

9-6-12 Letter from ARC. We refer to our previous letter and note that we have not received any or insufficient response the balance remains unpaid we are now obliged to report this to our client with regards to further action we must now take. We reserve the right to produce this letter to show compliance and good conduct. It had been our genuine intention to avoid referring the matter to our client but without your proposals we must obtain their firm instructions. Call and pay now.
I2D p382 Send Final response general template

13-6-12 Letter from ARC Europe. Whilst we note the comments of your letter 4-6-12 we are instructed that the documents sent to you with our letter dated 9-5-12 are in valid form, you may want to seek independant legal advice on this matter. The balance remains outstanding. We understand you recieved a payment of £1300.00 in response to your PPI query. We wish to make it quite clear that unless a payment is made to us within the next 10 days along with a firm offer to clear the rest of the overdue balance, we will have to notify our client and obtain instructions on what further action they want us to take. In this respect you may wish to use your PPI refund towards clearing the balance outstanding.
I2D p386 Send one liner asking them to read letter of the 4-6-12 and enclose copy.
21-6-12 Letter from ARC. We refer to our previous letters and that we have still not received your response. you should be aware that we have now reported this fact to our client which will allow it to consider the further action that has to be taken to recover this debt. When that action is taken, both this letter and our previous letter can be produced to prove that you were given every opportunity to enter into negotiations but you failed to accept that invitation. Call and pay now
I2D send enough is enough template
28-6-12 Several phone calls so have sent Telephone Harrassment letter
30-6-12 Letter from ARC. We are acting in good faith for Arrow, we have acted within current legislation we reserve the right to produce our correspondence to any tribunnal, regulatory body or investigating authority to prove our compliance and good conduct in this matter. We are instructed that the documents sent are valid and the agreement is enforcable. You may want to seek independant legal advice on this matter. Balancemust be paid forthwith or client will accept a repayment plan please send a list of all creditors, a full financial statement I&E etc. Please take this as our final response on the matter pay within 14 days or we will notify client and we will obtain our clients further instructions etc.
We acknowledge your request that we do not telephone you and will comply with that request provided you send payment as requested or your tenable dispute/defence within 14 days on which we can refer to our client for further instructions.

3-9-12 Letter from Rossendales.(dated 20-8-12)Your debt has been passed to us. We are instructed that you have ignored previous requests for payment and we intend to recover your outstanding debt immediately. Unless you pay us the debt amount within 7days or contact us immediately with your proposals recovery action will commence.
p433 Will ignore the letter and see what they send next and send telephone harrassment letter.

14-9-12 Letter from Rossendales. You have failed to respond to our previous letter. This may result in further action being taken against you. You should be in no doubt that payment of that which you owe will be pursued and the compant will utilise its evpertise in the management of data. TO PREVENT THIS MATTER PROCEEDING FURTHER YOU SHOULD MAKE A PAYMENT IN FULL NOW. Phone immediately to avoid action if we do not hear from you within 7 days collection procedures will continue.
p443 Send Account sold in dispute.

15-9-12 Letter from R'dales in response to telephone harrassment letter, the contents have been noted to file. We can confirm that the outstanding balance is in relation to MBNA the agreement was originally taken out on xx/xx/2007 whilst you were at the address of,(it lists the address I am at now and not the address I was at, at the time I took out the loan) Contact our office now to discuss repayment subsequently preventing further recovery action being taken.

10-1-13 Letter from R'Dales Your debt has been passed to us by the above clients (Arrow) we are instructed that you have ignored previous requests for payment and we intend to recover your outstanding debt immediately. You have 7 days or recovery action will commence..
p455 Account sold in dispute letter sent.

19-1-13 Letter from R'Dales. Account on hold whilst we investigate.

27-3-13 Letter from R'Dales Further to your recent request please find enclosed copy documents to support the recovery of the account.

R'Dales have not sent anything different to what I have already been sent, which we know makes the account 100% UE. So I am guessing I should wait and see what comes next?

[Deepie]

Re: clueless24 UE Diary

Just another one on the merry go round, I am guessing I send the account sold whilst in dispute letter?

I would if it were me........

[clueless24]

Re: clueless24 UE Diary

Egg Banking

Credit card
Approx 2000
Bal £10,890.00
Last paid 24-2-10
Arrangement £1 token/ stopped Feb 2010
Status Default
Acc Owner Egg, DLC writing acting on behalf of Egg, Aplins, Hillesdens, DLC, Hillesdens, Fredricksons, Moorcroft, Bryan Carter, Rockwell.

3-2-11 CCA request sent
4-2-11 Delivered
9-2-11 Recieved letter from DLC returned chq and advised write direct to EGG
11-2-11 CCA request sent direct to Egg
14-2-11 Delivered
21-2-11 Recieved letter from DLC dated 18-2-11 Notice of debt recovery
24-2-11 Recieved CCA have e-mail Niddy
24-2-11 Recieved letter from Aplins Solicitors have been instructed by DLC on behalf of EGG to recover bal, giving me 7 days to make full payment or agreement to pay, or legal proceedings may be commenced without further notice + fixed costs and fees.
25-2-11 NIDDY SAYS UNENFORCABLE WHOO HOO!!!!
Have sent Threat O Gram and Original CCA letters to both DLC & Aplins
12-3-11 Have recieved response from Hillesden Securities in response to my letter as above sent to Aplins and DLC. Noting my correspondence but that the issues raised are regarding the documentation supplied by Egg, due to the above my correspondence needs to be sent directly to thier clients Egg for them to address my concerns. Ignored
7-4-11 Received letter from DLC advising Client may be prepared to consider reducing balance, I must telephone immediately to discuss, failure to respond may result in further action being taken.
8-4-11 Sent Debtors final response letter recorded delivery
19-4-11 Received letter from Hillesden Securities We have noted the content of your correspondence (Debtors final response to CCA recieved) However we note that the issues raised are regarding the documentation supplied by Egg Banking, due to the above your correspondence needs to be sent directly to our client for them to address your concerns.
25-5-11 Recieved an e-mail from Egg advising my account has now been assigned to Barclaycard
5-6-11 Letter recieved from Fredricksons who have been instructed by Egg to collect outstanding balance. I must contact them immediately to discuss the matter.
5-6-11 Niddy says send Acc sold in DF of CCA
13-6-11 Recieved letter from Fredrickson's letter before action. 7 days to pay otherwise we will refer account to solicitors who may take legal action without further notice. They have added £190 court fees and £100 Solicitors fee to the balance outstanding if proceedings are issued.
24-6-11 Recieved letter from Fredricksons if I require documentation under the CCA 1974 I may request from thier client send £1, in the meantime please contact them to arrange payment proposals.
24-6-11 Send CCA Missing PT's
18-7-11 Letter from Fred Int. You have failed to make an acceptable repayment proposal on this account. THIS DEBT WILL NOT GO AWAY. Pay now.
18-7-11 Niddy says ignore for now
19-11-11 Letter from Bryan Carter Solicitors payment must be made within 14 days failing which we will recommend to our client that proceedings be issued without further notice. Should procedings be issued, additional charges will be added to the existing balance thus £190.00 Court Fees & £100.00 Solicitors fees. If you dispute liability for this debt please state your reasons why in writing and supply us with documentation in support of your defence to any claim. Before the account is referred to us to litigate you still have the opportunity to contact Fred Int with your payment proposals. To avoid further action contact them immediately.
19-11-11 swanfan says send Threat before action
27-10-11 Letter from Bryan Carter Thank you for your letter of the 19/10/11 requesting documentation. We are unable to provide this information you should request this direct from our client with a £1 fee. In the meantime you need to contact us with your payment proposals
11-11-11 Letter from Barclaycard advising the debt has been transferred to Arrow Global Guernsey Ltd this letter is formal notice of assignment of the debt. bal o/s is now payable to Arrow. Fredricksons will continue to service the account on behalf of Arrow. Fred's will continue to honour any payment arrangement until it is due for review and they will contact you to review your circumstances.
11-11-11 I2D. Ignore for now
15-11-11 Letter from Fred's Despite a recent letter from Bryan Carter Solicitors you have failed to discharge your debt with our client. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at my address.
At this late stage and as gesture of goodwill we are prepared to accept a full and final settlement on this account provided that you contact us on 0845 within 48 hours
15-11-11 Pixie send threat to commence litigation to Fred Int
21-11-11 Letter from Arrow Global Guernsey Ltd NOTICE OF ASSIGNMENT. You should contact Fred Int as a matter of urgency to organise payment unless you believe you have received this in error or the balance is incorrect or not owed contact with all relevant info as a matter of urgency.
28-11-11 Scary letter from Bryan Carter may be referred for court proceedings. Must pay by the 5/12/11 to avoid it going to court.
Pixie & Niddy send Threat to commence litigation to B C
1-12-11 Another letter from BC my letter of the 15-11-11 to Fred int has been forwarded to them. We deny harrassment but confirm all communication will be in writing.
This account is regulated by Consumer Credit Legislation. It is our clients policy to provide agreements at the point of contract and statements throughout the duration of the account and in this regards verification of the claim has previously been provided.
If you require documentation you must request this from our client direct.
We note you have already admitted liability for this debt as you last made a payment in the sum of £4 direct to our client on the 3-10-2010.
As we have no record of a valid dispute in this matter and as we have clarified our position and that of our client we look forward to hearing from you with your payment proposals.
P317 Niddy says ignore for now and wait
25-2-12 Letter from Bryan Carter Solicitors. We confirm we have referred your dispute to our client and they have advised us that they have no record of a dispute on file. Our client believes the outstanding balance is lawfully owed to them and we look forward to hearing from you with your payment proposals for repayment. Alternatively, if you dispute the above account, please provide details to us.
P355 Niddy send Final Response UE
9-3-12 Letter from BC Solicitors. Thankyou for your letter of the 25-2-12 requesting documentation. we are unable to provide this information. if you require documentation you can request this direct from our client with the statutory fee of £1. In the meantime we request that you contact us with your proposals for repayment.
I2D see what they send next.
5-4-12 Letter from Bryan Carter Solicitors. We have afforded you the opportunity to come to an arrangement to repay the balance outstanding yet you have still failed to repay the debt. Further action may be taken if you do not repay the monies that are owed and it is important that you do not ignore this correspondence. Call us now. We are also instructed to offer you a final opportunity to pay a reduced settlement figure which will remain available for 14 days.
I2D p371 Ignore for now
24-8-12 Letter from Bryan Carter. We regret to note that you have failed to make payment to discharge this account. Unless we hear from you with your proposals for repayment of the debt within 10 days enforcement procedures will be taken without further notice.
p426 swanfan Send enough is enough template
31-8-12 letter from Bryan Carter. We note the contents of your letter. if you require documentation under the CCA 1974, you may request this directly from our client with the appropriate £1 fee. In the meantime contact us with your payment proposals. Enclosed with the letter is my original letter enough is enough as sent on the 24-8-12
p429 I2D Will wait and see what happens next
26-11-12 Letter from Moorcroft we are trying to contact you about a personal matter please call
Ignored
7-12-12 Letter from moorcroft. To prevent possible litigation please send payment by the 11-12-12 if you do not contact we will assume that you are avoiding repayment of this debt. Your debt will increase (by £300).
p449 I2D Send Account sold in dispute
21-12-12 letter from Moorcroft. In response to Acc sold in dispute letter, thank you for your recently recieved letter requesting a copy of the credit agreement. However under the CCA 1974 you must provide a £1.00 fee, make your fee payable to the above client(arrow). Consequently if you submit the prescribed payment we will gladly process your request.
p453. Niddy See what comes next.
27-3-13 Letter from Rockwells we have been instructed by Arrow Global to contact you, this debt must be paid in full within the next 10 days or we will take further action.

Just another one on the merry go round, I am guessing I send the account sold whilst in dispute letter?

[clueless24]

Re: clueless24 UE Diary

Thank you SH, I shall wait to see what arrives next and keep the letter for a complaint later. Thank you for taking the time to explain things in a way that I understood and reassured me.
I am not a great letter writer so would certainly struggle with a formal complaint, so may come back to you for further guidance.

[ScabHunter]

Re: clueless24 UE Diary

Should I wait to see what comes next or do I respond? Help as always is much appreciated.

Wow, that letter is one of the most blatant violations of the OFT Guidance I have ever seen. So, they can “apply to the courts for a CCJ”. There is no possibility of you defending the case, or any need for a hearing. They just apply and get one.

Instruct a bailiff to remove goods from your property? Well, that would be physically possible, but the bailiff might want to think twice about blatantly committing a serious criminal offence by removing goods with no authority.

I can imagine the type of letter I would write in response to this, along with the OFT complaint which would accompany it. That doesn't necessarily mean, though, that this is the right approach for everyone, as the ultimate objective is to get this to SB status. I would challenge them, but then I am confident in my ability to write letters without acknowledging any alleged debt, and also in leaving a paper trail which graphically illustrates their breaches of protocol in case this matter proceeds to litigation.

You could comfortably ignore it and wait until you hear from Raven “Recoveries”. Then just respond with another Sold Whilst In Dispute letter. That would be the “safe” way to play it, and you could keep the formal complaints in reserve.

I notice also that at the top of your post it says “Arrangement £1 monthly” - I sincerely hope that is not still the case???

SH

[clueless24]

Re: clueless24 UE Diary

Barclaycard

Credit Card
Commenced 2007?
Bal £2522.17
Last paid 24-2-10
Arrangement £1 monthly
Status default
Acc owner Barclaycard. Mercers writing

3-2-11 CCA request sent
4-2-11 Delivered
9-2-11 Recieved ack of request dated 8-2-11 dealing with request
18-2-11 Recieved formal demand for full payment from barclaycard
26-2-11 12 + 2 days up on the 23-2-11 no CCA recieved
4-3-11 Recieved letter from moorcroft make payment within 7 days or debt collector may call or may be passed to solicitor.
5-3-11 send account in default of CCA letter as advised
12-3-11 Recieved letter from Moorcroft advising account is on hold whilst they investigate with their client, will communicate their response upon receipt
13-4-11 Received CCA will e-mail Niddy for checking please
14-4-11 Niddy says UE Whoo Hoo!!! send CCA Query T&C Supplied
23-4-11 Received letter from Barclaycard in response to my letter re T&C supplied. Saying they have complied quoting section 78, 61, 82 etc, based upon this information they do not consider the account to be in dispute and will continue to pursue the debt. This they say is their final response.
28-4-11 Niddy say's ignore and update
20-6-11 Letter recieved today dated 20-6-11(Salford to Suffolk by post impressive same day delivery service) from Robinson Way Ltd DCA, pay up or else, we may advise our client to start court action if a court considers your failure to pay to be due to neglect, an order for payment may be made etc etc. this debt will not go away or be forgotten no matter how much I may like that to happen. Call now to pay or agree a payment plan.
20-6-11 Niddy says ignore
30-6-11 Letter recieved from Robinson Way Ltd NOTE...IMMEDIATE ACTION REQUIRED This is a notice about your unpaid account we have been instructed to recover, call us without delay,please tell us if you cannot pay, if you fail to pay and neglect to deal with this account we may take further action.
7-7-11 I2D advised send letter UE CCA recieved.
13-7-11 Letter from Rob Way immediate 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 an unpaid debt in your name. We urge you to settle your account now and clear this up once and for all. Ring today etc etc.
13-7-11 I2D advised ignore
18-7-11 Letter from Rob Way. We have noted the dispute will let you know outcome. In the meantime we will stop all collection activity for this account.
19-8-11 Letter from Rob Way advising we are still awaiting a response from the client concerned, we have reminded them that this query is outstanding. We will let you know the outcome when we recieve the relevent details.
24-9-11 Letter from Rob Way account returned to Original Creditor.
29-10-11 Letter from Barclay Card advising that the account has been assigned and transferred to MKDP on the 18-10-11, this means that they now own the debt, please send your payment directly to them.
9-3-12 Letter from MK Rapid Recoveries Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment. Please call us to make payment arrangements, we will continue to contact you by phone or letter until we reach an agreement so we would advise you to contact us to resolve this matter.
I2D send account sold in dispute
19-3-12 Letter from MKRR. We have referred the matter to our client for further investigation. Account on hold.
23-3-12 Letter from MKRR. You have failed to contact us to agree repayment of this debt call us immediately. Receiving incessant automated voice mails for me to contact them.
Will send Telephone harassment template and await further correspondence.
5-5-12 Letter from MKRR. Further to your recent communication with our Collections Department, please find enclosed a copy of your statements as requested. Contact us immediately to discuss repayment
I2D p373 Ignore wait and see whats next.
12-6-12 Letter from MKRR. Further to our recent communication regarding transfer of ownership of your balance, we have not received your offer of payment. We can offer an instalment arrangement call us now, we will still continue to contact you by phone or letter so we would advise you to resolve this matter.
I2D send final response UE general template
25-6-12 Letter from MKRR. Regardless of our attempts to contact you by letter and phone we have not heard from you. Our team are able to help you settle this account call now.
I shall ignore for now.
28-6-12 Letter from MKDP. Further to your recent correspondence in regards to your account we have raised your concerns with barclaycard and we have recieved the enclosed information. As verified in the enclosed information you are liable and we will continue with our collection activities. Unfortunately we have not recieved a copy of the credit agreement but this will be sent to you as soon as it is recieved from Barclaycard. Should you remain unhappy with my response refer to the FOS.
P400 I2D see what they do next.
12-7-12 Letter from MKDP. Thank you for your letter account on hold whilst we investigate.
5-11-12 Letter from MKDP Account still on hold whilst we await paperwork from Barclays

12-1-13 Letter from MKDP. Final response enclosing statements of account and copy of signed application form. You are liable and you must pay we will continue with our collection activity. CONTACT US NOW TO AVOID etc.
13-1-13 Niddy checked paperwork and says UE ignore for now. Application form recieved missing PT
19-2-13 Letter from MKRR Further to our letter offering you help to clear this balance we have not recieved your offer of payment. Contact us immediately to avoid further action.
Send missing PT & telephone harrassment
6-3-13 Letter from MKDP I write further to your request for a true copy of the credit agreement. please accept this as our final response. I enclose a copy of BC resolution letter dated 14-1-13 (first time I have seen this) BC have fulfilled their obligation under sec78 and we no longer regard your account in dispute. We will continue collection activity we are within our rights to telephone you when you refuse to enter into dialogue but can confirm that all communication will be in writing for 3 months and then reviewed. If your not happy go to the FOS
P439 Await next move
8-3-13 Letter from MKRR FINAL NOTICE. You have not taken up our offer of help, and as a legal requirement, we must now inform you that we are instructing our pre-legal department to review your account for further action. They may commence litigation against you which could increase the amount payable due to costs incurred in line with your agreement. we may get a court order, charging order or deduct money from your salary. Contact us immediately.
p502 Send Account UE template
26-3-13 Letter from MKRR FINAL DEMAND. As you have not taken up our offer of help your account is now with the pre legal department. This has left us with no option but to transfer your account to Raven Recoveries to resolve this on our behalf. This may involve applying to the courts for a CCJ, Istructing a bailiff to remove goods from your property etc etc. this is your final opportunity to avoid this happening contact us immediately to avoid this happening.

Should I wait to see what comes next or do I respond? Help as always is much appreciated.

[Never-In-Doubt]

Re: clueless24 UE Diary

MKKR - pah, see what they send - don't worry

But in meantime, use something like this if you want...

Dear Sirs

Account No/Reference No: XXXXXXXX

I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action. Do you need me to point out that this account is formally in dispute with Barclays and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974). As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

The recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA. In MBNA v McCullagh; the Judge ruled;

"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)"

There are also several other recent cases that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement. In Murphy v Cabot the recorder, Nigel Clayton, found the copy of the agreement was illegible. Similarly, in Paterson v Cabot Judge Russell decided the copy of that agreement was illegible, the terms and conditions were not the ones originally supplied. In both the Cabot cases they lost as they had clearly failed to produce a properly reconstituted document.

Need I remind you of the law? In particular the remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, or at least a genuine "true copy"; ergo we're back at square one - all I ask is for you to provide me a copy of the original agreement instead of fobbing me off with excuses all the time. You will soon find out that all judges will listen to my argument when I quote the relevant acts of the CCA to them, also pointing out the recent McGuffick and Carey cases which confirmed that a lender should submit upon request a valid true copy of the original CCA. Yes, you are allowed to report the account "conduct" to the Credit Reference Agencies, but you may not enforce this agreement until you fully comply with the provisions set out within the Act, taking into account the recent Judgments and the history and case notes within said judgments. I appreciate and understand the provision of the recent Carey v HSBC {and others} case that stipulates a reconstituted agreement can be provided; however I am disputing the actual existence of such an original which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original then a recon cannot be produced. Similarly, in line with the most recent OFT Guidance surrounding unenforceability (October 2010), you should be aware that you, as a creditor / debt collection agency the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

Yours faithfully,



Sign Digitally

[Pixie]

Re: clueless24 UE Diary

Agree. Don't worry.

In my opinion they're just using the usual dca tactics of trying to scare the hell out of you. The pre-legal department is probably the girl on the next desk...who may send you a letter.

[MrsD]

Re: clueless24 UE Diary

I think it's just more bollocks, they seem a bit prone to bollocks

the templates will be back up on sunday and you could pop off a suitable template then or you could do a one liner referring them to your previous letter about the lack of prescribed terms, which, as usual, they appear to have been unable to read.

main thing, don't worry!

[clueless24]

Re: clueless24 UE Diary

Barclaycard

Credit Card
Commenced 2007?
Bal £2522.17
Last paid 24-2-10
Arrangement £1 monthly
Status default
Acc owner Barclaycard. Mercers writing

3-2-11 CCA request sent
4-2-11 Delivered
9-2-11 Recieved ack of request dated 8-2-11 dealing with request
18-2-11 Recieved formal demand for full payment from barclaycard
26-2-11 12 + 2 days up on the 23-2-11 no CCA recieved
4-3-11 Recieved letter from moorcroft make payment within 7 days or debt collector may call or may be passed to solicitor.
5-3-11 send account in default of CCA letter as advised
12-3-11 Recieved letter from Moorcroft advising account is on hold whilst they investigate with their client, will communicate their response upon receipt
13-4-11 Received CCA will e-mail Niddy for checking please
14-4-11 Niddy says UE Whoo Hoo!!! send CCA Query T&C Supplied
23-4-11 Received letter from Barclaycard in response to my letter re T&C supplied. Saying they have complied quoting section 78, 61, 82 etc, based upon this information they do not consider the account to be in dispute and will continue to pursue the debt. This they say is their final response.
28-4-11 Niddy say's ignore and update
20-6-11 Letter recieved today dated 20-6-11(Salford to Suffolk by post impressive same day delivery service) from Robinson Way Ltd DCA, pay up or else, we may advise our client to start court action if a court considers your failure to pay to be due to neglect, an order for payment may be made etc etc. this debt will not go away or be forgotten no matter how much I may like that to happen. Call now to pay or agree a payment plan.
20-6-11 Niddy says ignore
30-6-11 Letter recieved from Robinson Way Ltd NOTE...IMMEDIATE ACTION REQUIRED This is a notice about your unpaid account we have been instructed to recover, call us without delay,please tell us if you cannot pay, if you fail to pay and neglect to deal with this account we may take further action.
7-7-11 I2D advised send letter UE CCA recieved.
13-7-11 Letter from Rob Way immediate 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 an unpaid debt in your name. We urge you to settle your account now and clear this up once and for all. Ring today etc etc.
13-7-11 I2D advised ignore
18-7-11 Letter from Rob Way. We have noted the dispute will let you know outcome. In the meantime we will stop all collection activity for this account.
19-8-11 Letter from Rob Way advising we are still awaiting a response from the client concerned, we have reminded them that this query is outstanding. We will let you know the outcome when we recieve the relevent details.
24-9-11 Letter from Rob Way account returned to Original Creditor.
29-10-11 Letter from Barclay Card advising that the account has been assigned and transferred to MKDP on the 18-10-11, this means that they now own the debt, please send your payment directly to them.
9-3-12 Letter from MK Rapid Recoveries Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment. Please call us to make payment arrangements, we will continue to contact you by phone or letter until we reach an agreement so we would advise you to contact us to resolve this matter.
I2D send account sold in dispute
19-3-12 Letter from MKRR. We have referred the matter to our client for further investigation. Account on hold.
23-3-12 Letter from MKRR. You have failed to contact us to agree repayment of this debt call us immediately. Receiving incessant automated voice mails for me to contact them.
Will send Telephone harassment template and await further correspondence.
5-5-12 Letter from MKRR. Further to your recent communication with our Collections Department, please find enclosed a copy of your statements as requested. Contact us immediately to discuss repayment
I2D p373 Ignore wait and see whats next.
12-6-12 Letter from MKRR. Further to our recent communication regarding transfer of ownership of your balance, we have not received your offer of payment. We can offer an instalment arrangement call us now, we will still continue to contact you by phone or letter so we would advise you to resolve this matter.
I2D send final response UE general template
25-6-12 Letter from MKRR. Regardless of our attempts to contact you by letter and phone we have not heard from you. Our team are able to help you settle this account call now.
I shall ignore for now.
28-6-12 Letter from MKDP. Further to your recent correspondence in regards to your account we have raised your concerns with barclaycard and we have recieved the enclosed information. As verified in the enclosed information you are liable and we will continue with our collection activities. Unfortunately we have not recieved a copy of the credit agreement but this will be sent to you as soon as it is recieved from Barclaycard. Should you remain unhappy with my response refer to the FOS.
P400 I2D see what they do next.
12-7-12 Letter from MKDP. Thank you for your letter account on hold whilst we investigate.
5-11-12 Letter from MKDP Account still on hold whilst we await paperwork from Barclays

12-1-13 Letter from MKDP. Final response enclosing statements of account and copy of signed application form. You are liable and you must pay we will continue with our collection activity. CONTACT US NOW TO AVOID etc.
13-1-13 Niddy checked paperwork and says UE ignore for now. Application form recieved missing PT
19-2-13 Letter from MKRR Further to our letter offering you help to clear this balance we have not recieved your offer of payment. Contact us immediately to avoid further action.
Send missing PT & telephone harrassment
6-3-13 Letter from MKDP I write further to your request for a true copy of the credit agreement. please accept this as our final response. I enclose a copy of BC resolution letter dated 14-1-13 (first time I have seen this) BC have fulfilled their obligation under sec78 and we no longer regard your account in dispute. We will continue collection activity we are within our rights to telephone you when you refuse to enter into dialogue but can confirm that all communication will be in writing for 3 months and then reviewed. If your not happy go to the FOS
P439 Await next move
8-3-13 Letter from MKRR FINAL NOTICE. You have not taken up our offer of help, and as a legal requirement, we must now inform you that we are instructing our pre-legal department to review your account for further action. They may commence litigation against you which could increase the amount payable due to costs incurred in line with your agreement. we may get a court order, charging order or deduct money from your salary. Contact us immediately.

Well I didnt have to wait very long for their next move just 2 days, anyone have any thoughts on what I should do next.

[IF]

Re: clueless24 UE Diary

You should hear MrsD, when she watches a rugby match ......

[Deepie]

Re: clueless24 UE Diary

sounds like a load of bollocks, I'd wait and see what they do next

Thank you Mrs D you have such a lovely way with words I shall await the next move.

You should hear MrsD, when she watches a rugby match ......

[clueless24]

Re: clueless24 UE Diary

Thank you Mrs D you have such a lovely way with words I shall await the next move.