Fightinghard's Diary

[fightinghard]

Re: Fightinghard's Diary

Fightinghard's DiaryRe: Fightinghard's Diary

Type of account: Halifax Bank Unsecured Loan
Date commenced: - April 2010
Approx. balance: - £4500
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted- 1 August 2013
Account owner: - Still with OC

22 June 2015 -C.C.A Request (Section 77) using template letter sent with £1.00 P.O (and Proof of Posting).
17/07/15 Letter from Halifax acknowledging receipt of my request under Section 77 (1) of the C.C.A. 1974 for this loan agreement and advising they are processing their response which will be with me shortly.
10/08/15. Letter from Halifax (dated 04/08/15 ) the gist of which requests all missing payments to be made within 7 days of date of letter (i.e. payments by 11/08/15) otherwise further recovery action could be taken. (IGNORED)
24/08/15 - received C.C.A.( with covering letter from Bank dated 20 July 2015 !!!)
25/08/15 - letter requesting payment of arrears of payment plan or contact them to agree alternative repayment options otherwise they may commence legal action.(IGNORED)
310/8/15 - C.C.A. sent to Niddy
1/9/15 - Niddy says "quite simply as no signed page sent (which Creditor should hold if taken out in Branch) therefore as the paperwork sent to me is both undated and unsigned it technically has nothing to do with me hence advises that Missing PT's template letter should be sent.
1/9/15 - Missing PT's template letter (sent with proof of posting)
11/09/15 - Letter from Retail Recoveries, Rosyth, advising that account has been passed to them and would I now cough up every last penny please or give them a call to discuss the position (Fat chance of either say I !!)
11/09/15 - Response letter sent instructing Retail Recoveries to read carefully and assimilate the contents of my 1st. Sept. MPT template letter
(to which I have yet to receive a response- probably a bit soon but they can take all the time they like.!)
16/9/2015 - Niddy advises that faults in this Agreement can be remedied and as post April 2007 it is now virtually impossible to be successful following the UE route.
I appreciate the situation and guess I will probably have to cough up something eventually but I intend to bugger them about as much as possible while saving the money I was paying them until I finally hit the brick wall. Hopefully this will be with a DCA by then and I am able to sort out an acceptable F & F. Even more hopefully of course it will drag on till SB but I am not holding my breath !!
24/09/2015- Template letter from Halifax (dated 3 Sept. 2015) with C.C.A attached.
Apart from the date on their template letter, everything is a straight photocopy of the documents Halifax supplied to me on 24 August 2015 hence containing the same faults as in that 24 August paperwork.
In view if this I intend to send to them again the "Missing PT'S" template letter (unless anybody has any other suggestions).
07 /10/15 - Letter received from Halifax Bank stating that at present they are unable to locate the original agreement (this probably explains why the 2 recon, C.C.A.'s they have sent me contain identical errors) but their process has always been to obtain a signed credit agreement before granting any credit facility and the agreement was, therefore, validly executed and remains enforceable. They further state that default under S 77 does not relieve any liability to pay any interest or default sums nor prevent a default notice being issued (it already has been-in August 2013) and that as a matter of law the absence of the copy agreement (do they mean original agreement??) does not stop there being a valid agreement therefore under S. 127(1) C.C.A. 1974 the Court will allow the bank to enforce the agreement. The letter then outlines the nasty things that could/will happen to me if I fail to maintain repayments.


I intend to ignore this letter and wait and see what comes from them next !

[Deepie]

Re: Fightinghard's Diary

07 /10/15 - Letter received from Halifax Bank stating that at present they are unable to locate the original agreement (this probably explains why the 2 recon, C.C.A.'s they have sent me contain identical errors) but their process has always been to obtain a signed credit agreement before granting any credit facility and the agreement was, therefore, validly executed and remains enforceable. They further state that default under S 77 does not relieve any liability to pay any interest or default sums nor prevent a default notice being issued (it already has been-in August 2013) and that as a matter of law the absence of the copy agreement (do they mean original agreement??) does not stop there being a valid agreement therefore under S. 127(1) C.C.A. 1974 the Court will allow the bank to enforce the agreement. The letter then outlines the nasty things that could/will happen to me if I fail to maintain repayments.


I intend to ignore this letter and wait and see what comes from them next !

That's what I'd do .....and keep that letter safe

[fightinghard]

Re: Fightinghard's Diary

Fightinghard's Diary

ype of account: CAPITAL ONE CREDIT CARD
Date commenced: - June 2002
Approx. balance: - £2800
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since April 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted
Account owner: - Still with OC. (collection to be handled by Apex w.e.f. 21/7/15)

16 March 2015 - C.C.A. Request (Section 78) sent to Cap1.
2 April 2015 - Recon. Documents (Photocopied Part of Application Form with Sigs. and T & C's received from Cap.1)
22 April 2015 - Documents uploaded via secure thread
29 April 2015 - Niddy feels that what was supplied appears ENFORCABLE although it does depend on whether or not the PT's and T&C's supplied under CCA request were present at inception.
18 May 2015- Template Application Form Letter sent to Cap1.
27 May 2015- Response from Cap1 advising they have complied with Section 78 and they consider the account enforceable.
3 June 2015- Response uploaded via secure thread
4 June 2015 - Niddy says it's a standard response and his 29 April view remains unchanged.
9 June 2015 - Letter (along with statement of account) from Cap1 requesting missing May payment within 7 days or debt may be passed to DCA or a debt purchaser.
LETTER IGNORED
Although Niddy feels this is ENFORCEABLE I have decided to try the UE route (being as this is a pre- 2007 agreement) but should this look like proving unsuccessful at the end of the day then will try and negotiate a reasonable F & F settlement.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter
09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.
10 Sept 2015 - Template letter sent (kindly provided by Niddy & basically telling Cap1 they are out of order and must deal with my SAR request anyway).
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideratiuon and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)
28 Sept 2015 - Cheque for £10.00 (Refund of S.A.R. fee) received from Cap1.
29 Sept.2015 - Cheque returned to Cap1 (along with copy of my original S.A.R. request dated 13 August 2015 and a copy of my template letter (kindly provided by Niddy) dated 11 September 2015) with a covering letter pointing out that the 40 day prescribed period has now elapsed and Cap1 are, therefore, in breach of D.P. requirements.
09 Oct. 2015 - Yet another introductory letter received from Apex Credit Management. (Apart from its date this letter is exactly identical to those I received from Apex on 3 Aug 2015 and 23 Sept. 2015 and is again being IGNORED)

[Never-In-Doubt]

Re: Fightinghard's Diary

Regards Capital One - sit tight and await a reply to the SAR and keep us updated with any DCA chaser letters. The SAR isn't a dispute so you can't just ignore the DCA if they get heavy. But for now you can - keep us updated with things

[The Tech Clerk]

Re: Fightinghard's Diary

next lowells?

[fightinghard]

Re: Fightinghard's Diary

Regards Capital One - sit tight and await a reply to the SAR and keep us updated with any DCA chaser letters. The SAR isn't a dispute so you can't just ignore the DCA if they get heavy. But for now you can - keep us updated with things

Many thanks- will update as and when

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's DiaryType of account: Halifax Ultimate Reward Current Account
Date commenced: - April 2010
Approx. balance: - £600
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted - 21/11/2013
Account owner: - Still with OC-but thro. Robinson Way(11/2013) then Moorcroft (10/2015)

22 June 2015 - Template letter offering 15% F & F Settlement sent (with Proof of Posting)
03 July 2015 - Unsatisfactory (to me anyway) response from Robway so N.F.A. from me in this matter.
16 Sept 2015 - Statement of account from RobWay ( with Halifax logo in letterhead !) covering period 11/14 to 06/15 ( Filed)
18 Sept. 2015 - Letter from Robway advising that this account remains unpaid despite their repeated attempts to contact me and I can, therefore, telephone/email one of their trained debt advisers for help/advice in setting up an affordable re-payment plan. Details are also given of several organisations that can offer free, impartial, advice. (LETTER IGNORED)
12 Oct. 2015 - Letter from Halifax Bank stating that as they have not been able to agree a suitable plan they have now transferred my HALIFAX debt to Debt Collection Agency Moorcroft Group PLC and have instructed Moorcroft to arrange collection of the outstanding amount. They request, therefore, that I contact Moorcroft a.s.a.p. to arrange repayment of the outstanding balance.


They ain't got a hope in hell of my complying with their request; in fact I intend to wait and see what the Moorcroft lot send me (although I can probably make a fair guess!!)

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's Diary

Re: Fightinghard's DiaryType of account: Halifax Ultimate Reward Current Account
Date commenced: - April 2010
Approx. balance: - £600
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted - 21/11/2013
Account owner: - Still with OC-but thro. Robinson Way(11/2013) then Moorcroft (10/2015)

22 June 2015 - Template letter offering 15% F & F Settlement sent (with Proof of Posting)
03 July 2015 - Unsatisfactory (to me anyway) response from Robway so N.F.A. from me in this matter.
16 Sept 2015 - Statement of account from RobWay ( with Halifax logo in letterhead !) covering period 11/14 to 06/15 ( Filed)
18 Sept. 2015 - Letter from Robway advising that this account remains unpaid despite their repeated attempts to contact me and I can, therefore, telephone/email one of their trained debt advisers for help/advice in setting up an affordable re-payment plan. Details are also given of several organisations that can offer free, impartial, advice. (LETTER IGNORED)
12 Oct. 2015 - Letter from Halifax Bank stating that as they have not been able to agree a suitable plan they have now transferred my HALIFAX debt to Debt Collection Agency Moorcroft Group PLC and have instructed Moorcroft to arrange collection of the outstanding amount. They request, therefore, that I contact Moorcroft a.s.a.p. to arrange repayment of the outstanding balance. (LETTER IGNORED)
14 Oct. 2015 - Letter from Moorcroft Debt Recovery Ltd. stating they have been instructed by Halifax to collect my overdue account and that I must now make payment in full or, alternatively, contact them immediately in order to reach a repayment agreement by 19th October, otherwise they may have no alternative but to take further debt recovery action, which both they and their client do not wish to take.

Their final sentence is a plea for me not to ignore their letter but I am, in fact, going to ignore it and wait and see what their follow up comprises.

[Pixie]

Re: Fightinghard's Diary

That's what I would do fightinghard. "Further debt recovery action" may just mean more letters or threat of a doorstep visit. Moorcroft generally give up pretty easily.

[fightinghard]

Re: Fightinghard's Diary

That's what I would do fightinghard. "Further debt recovery action" may just mean more letters or threat of a doorstep visit. Moorcroft generally give up pretty easily.

Hi Pixie
and thanks very much


A point of clarification first,:- in re-reading my last entry in this Reward Account thread, I can see that I totally failed to make clear that my reference to " their final sentence is a plea" actually related to their request in the concluding sentence of their letter (which sentence I did not refer to in my 14 October precis) as opposed to a reference to "further debt recovery" to which, of course, I did include therein.


My apologies for causing any confusion here, I'll try and make sure my entries are more explicit in the future but anyway your input is very much welcomed, as always, and it does help to see that you agree with what I am doing here (or rather not doing as far as Moorcroft are concerned !!)
Again thank you

[fightinghard]

Re: Fightinghard's Diary

Fightinghard's Diary

ype of account: CAPITAL ONE CREDIT CARD
Date commenced: - June 2002
Approx. balance: - £2800
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since April 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted
Account owner: - Still with OC. (collection to be handled by Apex w.e.f. 21/7/15)

16 March 2015 - C.C.A. Request (Section 78) sent to Cap1.
2 April 2015 - Recon. Documents (Photocopied Part of Application Form with Sigs. and T & C's received from Cap.1)
22 April 2015 - Documents uploaded via secure thread
29 April 2015 - Niddy feels that what was supplied appears ENFORCABLE although it does depend on whether or not the PT's and T&C's supplied under CCA request were present at inception.
18 May 2015- Template Application Form Letter sent to Cap1.
27 May 2015- Response from Cap1 advising they have complied with Section 78 and they consider the account enforceable.
3 June 2015- Response uploaded via secure thread
4 June 2015 - Niddy says it's a standard response and his 29 April view remains unchanged.
9 June 2015 - Letter (along with statement of account) from Cap1 requesting missing May payment within 7 days or debt may be passed to DCA or a debt purchaser.
LETTER IGNORED
Although Niddy feels this is ENFORCEABLE I have decided to try the UE route (being as this is a pre- 2007 agreement) but should this look like proving unsuccessful at the end of the day then will try and negotiate a reasonable F & F settlement.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter
09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.
10 Sept 2015 - Template letter sent (kindly provided by Niddy & basically telling Cap1 they are out of order and must deal with my SAR request anyway).
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideratiuon and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)
28 Sept 2015 - Cheque for £10.00 (Refund of S.A.R. fee) received from Cap1.
29 Sept.2015 - Cheque returned to Cap1 (along with copy of my original S.A.R. request dated 13 August 2015 and a copy of my template letter (kindly provided by Niddy) dated 11 September 2015) with a covering letter pointing out that the 40 day prescribed period has now elapsed and Cap1 are, therefore, in breach of D.P. requirements.
09 Oct. 2015 - Yet another introductory letter received from Apex Credit Management. (Apart from its date this letter is exactly identical to those I received from Apex on 3 Aug 2015 and 23 Sept. 2015 and is again being IGNORED)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.


Now as far as the fee is concerned, the cheque they sent me (recd. by me on 28 Sept.) was returned with my correspondence of 29 Sept. 2015 (and which corrrespondence I guess has generated the above response) so actually they do still hold my remittance. However, although they have been gaily sending me all sort of statements and correspondence containing sensitive private information to my address in the past obviously believing in these cases that they are dealing with the correct Customer (a point which I made in my letter of 10th. Sept. and to which point they have totally failed to respond ) I guess, that, as I am loath to send them copies of driving licence or passport, I am going to have to 'phone them to prove that I am really me !.
I'll do that early next week unless anybody has any other suggestions.

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's Diary

Fightinghard's Diary

Type of account: CAPITAL ONE CREDIT CARD
Date commenced: - June 2002
Approx. balance: - £2800
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since April 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted
Account owner: - Still with OC. collection to be handled by Apex (w.e.f. 21/7/15) Then Credit Solutions (w.e.f 16/10/15)

16 March 2015 - C.C.A. Request (Section 78) sent to Cap1.
2 April 2015 - Recon. Documents (Photocopied Part of Application Form with Sigs. and T & C's received from Cap.1)
22 April 2015 - Documents uploaded via secure thread
29 April 2015 - Niddy feels that what was supplied appears ENFORCABLE although it does depend on whether or not the PT's and T&C's supplied under CCA request were present at inception.
18 May 2015- Template Application Form Letter sent to Cap1.
27 May 2015- Response from Cap1 advising they have complied with Section 78 and they consider the account enforceable.
3 June 2015- Response uploaded via secure thread
4 June 2015 - Niddy says it's a standard response and his 29 April view remains unchanged.
9 June 2015 - Letter (along with statement of account) from Cap1 requesting missing May payment within 7 days or debt may be passed to DCA or a debt purchaser.
LETTER IGNORED
Although Niddy feels this is ENFORCEABLE I have decided to try the UE route (being as this is a pre- 2007 agreement) but should this look like proving unsuccessful at the end of the day then will try and negotiate a reasonable F & F settlement.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter
09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.
10 Sept 2015 - Template letter sent (kindly provided by Niddy & basically telling Cap1 they are out of order and must deal with my SAR request anyway

11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideration and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)
28 Sept 2015 - Cheque for £10.00 (Refund of S.A.R. fee) received from Cap1.
29 Sept.2015 - Cheque returned to Cap1 (along with copy of my original S.A.R. request dated 13 August 2015 and a copy of my template letter (kindly provided by Niddy) dated 11 September 2015) with a covering letter pointing out that the 40 day prescribed period has now elapsed and Cap1 are, therefore, in breach of D.P. requirements.
09 Oct. 2015 - Yet another introductory letter received from Apex Credit Management. (Apart from its date this letter is exactly identical to those I received from Apex on 3 Aug 2015 and 23 Sept. 2015 and is again being IGNORED)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.

18 Oct. 2015 - letter from Cap 1 advising they have now instructed Credit Solutions to act on their behalf to arrange repayment and that Credit Solutions will be in touch with me shortly but I can contact them first if I want to. (I don't want to !!) (LETTER IGNORED)

[Never-In-Doubt]

Re: Fightinghard's Diary

Yea ring them and tell them about the cheque at the same time . There is nothing in the dpa that says you need to sign but yes they must be satisfied it's you. The fact it's the same named person at the same address they've previously hassled and sent statements to proves that they're being arseholes and KNOW it's you that's requesting the data.

Hence the 40 days DOES stand from first contact and you'll be reporting them to the ICO in due course. If they try and tell you you're wrong just laugh and say "whatever".

[fightinghard]

Re: Fightinghard's Diary

Re: Fightinghard's Diary

Re: Fightinghard's DiaryType of account: Halifax Ultimate Reward Current Account
Date commenced: - April 2010
Approx. balance: - £600
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since May 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted - 21/11/2013
Account owner: - Still with OC-but thro. Robinson Way(11/2013) then Moorcroft (10/2015)

22 June 2015 - Template letter offering 15% F & F Settlement sent (with Proof of Posting)
03 July 2015 - Unsatisfactory (to me anyway) response from Robway so N.F.A. from me in this matter.
16 Sept 2015 - Statement of account from RobWay ( with Halifax logo in letterhead !) covering period 11/14 to 06/15 ( Filed)
18 Sept. 2015 - Letter from Robway advising that this account remains unpaid despite their repeated attempts to contact me and I can, therefore, telephone/email one of their trained debt advisers for help/advice in setting up an affordable re-payment plan. Details are also given of several organisations that can offer free, impartial, advice. (LETTER IGNORED)
12 Oct. 2015 - Letter from Halifax Bank stating that as they have not been able to agree a suitable plan they have now transferred my HALIFAX debt to Debt Collection Agency Moorcroft Group PLC and have instructed Moorcroft to arrange collection of the outstanding amount. They request, therefore, that I contact Moorcroft a.s.a.p. to arrange repayment of the outstanding balance. (LETTER IGNORED)
14 Oct. 2015 - Letter from Moorcroft Debt Recovery Ltd. stating they have been instructed by Halifax to collect my overdue account and that I must now make payment in full or, alternatively, contact them immediately in order to reach a repayment agreement by 19th October, otherwise they may have no alternative but to take further debt recovery action, which both they and their client do not wish to take.
17 Oct. 2015./22 Oct. 2015 - 2 'phone calls from different 0161 (Manchester area code) numbers. (Both calls were IGNORED but a Google search of the numbers showed both to be from Moorcroft).
23 Oct. 2015 - Text from Moorcroft requesting I contact them immediately. (IGNORED)
26 Oct 2015 - Letter received from Moorcroft headed POSSIBLE FURTHER ACTION and requesting payment proposals before 30/10/15 otherwise they may have no alternative other than to recommend that their clients consider possible further debt recovery action against me. They add that they will discuss a repayment programme that I can afford and maintain and that in certain circumstances they may be able to offer a substantial discount from the o/s balance.


"may" and " possible" seem the buzz words so no real threat here but I intend now to send them,(on 20/10/15!!) , the template Bank Account C.C.A. letter (or is it a bit early to play that card ?)- any advice please will be welcome

[Never-In-Doubt]

Re: Fightinghard's Diary

I intend now to send them,(on 20/10/15!!) , the template Bank Account C.C.A. letter (or is it a bit early to play that card ?)- any advice please will be welcome

Feel free - whenever you want