XX007 - UE Diary - Tomorrow never dies

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

Should I copy in Nationwide & Shoosmiths on my ombudsman letter bearing in mind the 31st March deadline

Absolutely not.

You complain to the FOS and on the complaint form it asks if you're being threatened with legal action / currently in legal action. State in your complaint you're scared they're trying to bully you with legal threats and that you understand legal action shouldn't commence if the creditor is aware of a FOS complaint - so can they advise the creditor not to commence action until resolution of the complaint.

Do not tell the creditor directly. Going to the FOS means your relationship has broken down hence you notify your case handler of each threat / letter received whilst the complaint continues.

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

s.127(3) won't apply as its post 04/07 HOWEVER that only means the judge cannot rule Irredeemably UE - but if there are other failures such as s.60, s.61, s.86(a), s.87, s.88 - to name a few; it CAN still be defended and discontinued.

So post 04/07 or not, send a s.78 request regardless

Obviously, regards the above - the FOS aren't interested in legislative breaches. They only get involved if you've been adversely affected or treated by a business. Any legislative breaches as my quote above are for the courts to determine. NOT the FOS.

The FOS would deal with a genuine Dispute, ie your account balance is 100% charges or because the bank did X, Y, Z you lost £xxx

Just remind me, why are you complaining - under what grounds?

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

You've sent a s.78 request to Nationwide with a copy to Shoosmiths. Has that been acknowledged by either/both?

Now you need to send a LBA response letter to Shoosmiths which you should edit to suit. For example you won't be requesting the Notice of Assignment since this debt is still with the original creditor (isn't it?). The template letter is here:

http://www.all-about-debt.co.uk/inde...ction-response

I've now read your most recent letter from Nationwide. Unless I've missed something it doesn't say it's their Final Response. You can refer a complaint to the FOS eight weeks after making it with or without a Final Response. Your complaint was made 17th February so it's too soon to refer to the FOS.

At the moment the only complaint I see brewing is possibly one of 'heavy-handedness' otherwise known as harassment. To be honest their tone is polite although the message is strong.

The letter is clear that they will be seeking a charging order on your property (after court proceedings) simply to secure the debt because the amount you have been paying will take 97 years to clear the balance outstanding. They say it's their policy to only take such draconian steps (my words not theirs) if a debt cannot be cleared within 66 months. They say they agreed £6 per month for six months only. Their letter invites you to respond if you're not happy with the contents.

We don't give debt advice but if I were in your position I would take them up on that offer to keep a line of communication open. You could write back and inform them that your financial problems are only temporary and you envisage new work prospects in the near future. You could suggest you continue to pay £6 for a further six months and would be happy to undergo a review of the situation in six months time. The tone of your letter should be a mixture of financial hardship and optimism for a future upturn.

What I find distasteful is their comment that they would never seek an Order for Sale or ever require you to make any payments once they have a Charging Order. I see that as being somewhat predatory and possibly the basis of a FOS complaint. They are tempting you (while you're in a financially vulnerable position) to acquiesce to a CO in return for stopping payments.

No I have not had any acknowledgement from Nationwide or Shoosmiths although I have had a text from Shoosmiths asking me to call them.

I will send the letter you suggest to Shoosmiths today and I will send a further letter to Nationwide making the suggestions you made. I will also mention the fact they say they did not receive my letter of 17th February although referring to it in their letter of 04 March in which they gave me an incorrect balance.

I've re-read that letter and it does say that unless you've "nothing more you wish to add" you can consider that as their Final Response. So get a letter off to them as soon as you can and then you can refer to the FOS a few days later.

If you make an offer to pay then they must either accept or reject it.

OK I will do that.

Trouble is they can get a charging order once a CCJ is in place, (Their insurance), that is another Tory missive couple of years ago.

Could request extension of temporary payments as you state, CONC :- Look at the highlighted guides:-

Financial Conduct Authority (FCA)

The Financial Conduct Authority (FCA) has published the Consumer Credit sourcebook (CONC) which looks at whether a debt is being collected fairly. Although the FCA cannot investigate individual complaints, you can still use their rules guidance when disputing a debt on the grounds of limitation. All of the rules and guidance applies, no matter how old the debt is. In the Consumer Credit sourcebook (CONC), the FCA includes the following rules and guidance:

• "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 Rule
• "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired." 7.15.7 Guidance
• "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8 Rule

You can make a complaint to your local trading standards department, who can look into your case. You can also complain to the FCA, as they can look into companies’ behaviour, even though they cannot deal with individual complaints. See the Useful contacts section later in this fact sheet, or contact us for advice.
The Financial Ombudsman Service (FOS)

You may be able to complain to the Financial Ombudsman Service (FOS) about the way a company has dealt with your account. You must follow your lender’s complaints procedure first. You can only use FOS to complain about events that happened from April 2007 onwards. See the Useful contacts section later in this fact sheet, or contact us for advice.

Thanks I will have a look at those links. Do the FCA rules only look at collections of the debts?

Absolutely not.

You complain to the FOS and on the complaint form it asks if you're being threatened with legal action / currently in legal action. State in your complaint you're scared they're trying to bully you with legal threats and that you understand legal action shouldn't commence if the creditor is aware of a FOS complaint - so can they advise the creditor not to commence action until resolution of the complaint.

Do not tell the creditor directly. Going to the FOS means your relationship has broken down hence you notify your case handler of each threat / letter received whilst the complaint continues.

OK I will look for a complaint form on their site.

Obviously, regards the above - the FOS aren't interested in legislative breaches. They only get involved if you've been adversely affected or treated by a business. Any legislative breaches as my quote above are for the courts to determine. NOT the FOS.

The FOS would deal with a genuine Dispute, ie your account balance is 100% charges or because the bank did X, Y, Z you lost £xxx

Just remind me, why are you complaining - under what grounds?

That they ignored my letter I sent asking for more details about the reduced offer they made along with harassment as they are threatening legal action when we have a £6 agreement in place.


Thanks everyone for taking an interest I really appreciate it.

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

So to sum up I am sending a Formal letter before Action response to shoosmiths and a response to Nationwide as per plan B's advice.

Should I leave the ombudsman complaint for now?

Should the formal letter before action stop any further action from Shoosmiths for a bit?

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

Regards the arrangement, are you still paying the agreed £6pm?

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

So to sum up I am sending a Formal letter before Action response to shoosmiths and a response to Nationwide as per plan B's advice.

Should I leave the ombudsman complaint for now?

Should the formal letter before action stop any further action from Shoosmiths for a bit?

Ermmmm - not sure you ought to be sending a template. Why not just send a simple letter to Shoosmiths saying

"Dear Sirs,

Ref: xxxxxxxx

I write with reference to your recent threatening letter, the content having been noted.

I have got an arrangement with the original creditor. It's a breach of FCA Guidelines to intimidate me with legal threats whilst in a formal payment arrangement. The arrangement is valid and there have been no missed payments hence any legal action will be vehemently defended and a copy of this letter will be shown to the court as part of any defence.

If you're not happy at my arrangement then the process is usually to write to me asking for a review. This has not occurred.

I have now decided to formally report your conduct to the FOS.

Yours faithfully....."


Just my opinion like

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Yes I am paying the £6 per month still.

So write to shoosmiths as you suggested, do I then wait for a response or immediately report them?

Meanwhile shall I will write to Nationwide in respect of the final response letter and offering to continue my payments to them as well?

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

Yes contact NW & start your FOS complaint today - easy to do online

This way you've told the solicitor & the creditor and both know you're now complaining to the FOS.

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

oops

I read your post never-in-doubt and started printing off the letters I had written earlier and bounded off to the post office like Clint Eastwood looking to shoot up some Mexicans.

Having reread your post you say I should have told Nationwide I am going to the ombudsman I didn't, I just replied to their letter saying I didn't agree with them getting a solicitor involved so quickly after ignoring my letter which they clearly received. I did send the letter as suggested to Shoosmiths though.

Should I send Nationwide a further letter about going to the Ombudsman as it will be them who I am complaining about rather than Shoosmiths themselves.

Sorry long day.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

I'll leave this to Niddy who's great with tactics.

But he did say you should make a complaint to the FOS online today, so why not do that asap then wait to hear from him on whether or when you need to send a follow-up letter to Nationwide to let them know you've grassed them up.

& start your FOS complaint today - easy to do online

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

No need to notify NW. Leave it is - just do a complaint here --> http://www.financial-ombudsman.org.u...complaints.htm

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Thanks all I have just submitted it.

I can't believe how easy it is.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

Thanks all I have just submitted it.

I can't believe how easy it is.

Was there an option to print out a copy of your complaint?

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

yes at the end you can save it as a pdf.

It's an amazing site.

No wonder complaints are up

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

I rang the ombudsman up yesterday and they said they would look at my case a bit quicker as there is court action pending.

I am working on some of the other CCA letters today.

I got a letter about one of my Barclaycards today giving a formal demand and notice of a default to be issued in the next 28 days. so I suppose the other two will follow very quickly.