What2donext / UE Diary

[ScabHunter]

Re: What2donext / UE Diary

It should also be pointed out that the Bagshot Bunglers are entirely out of order issuing a “final response”, as this procedure only applies in the case of formal complaints. Neither the SWID letter nor the doorstep harassment template constitute such a complaint.

You could tell them how to do their jobs, but it is probably a better idea to let them work it out for themselves. All together now - “One plus one equals two, one plus two equals three, two plus two equals...er....er....where's the calculator?”

SH

[what2donext]

Re: What2donext / UE Diary

It doesn't look as if they are going to be sending any paperwork, as this is their 'final response' on that point. However, just awaiting their next move would seem the thing to do.

shit sorry misread - yea just sit and wait, see what they send next!

Cheers

[Never-In-Doubt]

Re: What2donext / UE Diary

shit sorry misread - yea just sit and wait, see what they send next!

[Still Waving]

Re: What2donext / UE Diary

It doesn't look as if they are going to be sending any paperwork, as this is their 'final response' on that point. However, just awaiting their next move would seem the thing to do.

[Never-In-Doubt]

Re: What2donext / UE Diary

You need to wait for them to send the proper paperwork, as they say will try and do. For now, ignore it as you do not want to make a monthly offer do you?

[what2donext]

Re: What2donext / UE Diary

Mint Credit Card (Mrs)
Date Commenced - 29.10.03
Approx. Balance - £3399
Last Full Payment paid - 6.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
14/07/11 Received letter stating "I have received a letter regarding your account. The letter was not signed and as a result I am unable to undertake the action requested. Please sign the letter in space or call us etc." Ignoring for now until further advice is given

30/07/11 CCA received - Email sent to Niddy
03/08/11 Niddy says
04/08/11 Blagging it for now Sent CCA Query - Missing Prescribed Terms by recorded delivery
27/08/11 Received letter in reply to CCA Query - Missing Prescribed Terms
01/09/11 Received Default Notice stating" Please read the Default Notice carefully and ensure payment of £*** is credited to your account within 17 days etc etc"
28/09/11 Received Account termination letter stating - A Default Notice was recently served against you. As the amount requested in the Default Notice has not been received, your account has been terminated.
We now require full repayment of the outstanding debt within 14 of the date of this letter. If you do not comply, or fail to subit proposals for repayment that are satisfactory to us,your account will be passed over to our Debt Recovery Office etc etc.
19/10/11 Received letter from TRITON - We have been formally instructed by The Royal Bank of Scotland plc in respect of the above unpaid debt that despite reminders, you have failed to settle or to make mutually acceptable repayment arrangements .We must inform you that unless you telephone RBS immediately the debt will be referred to us or an equivalent debt recovery agent for collection.
03/3/11 Received today another letter from Triton asking for immediate payment if for any reason you are unable to make this payment by return you must telephone this office immediately
19/11/11 Received another letter from Triton - URGENT ACTION REQUIRED etc It may be appropriate that a debt recovery agent call on you to discuss and agree proposals for repayment.We would prefer not to take this action etc.
30/11/11 Received letter from Triton -NOTICE OF LEGAL PROCEEDINGS
23/12/11 Received letter from Green & Co solicitors - see below
24/12/11 Sent -Threat by Creditor - Threat-o-Gram Letter Before Action
09/01/12 Received letter from Green & Co -We note the contents of your letter and our client has requested that they will respond to you direct.We have therefore been asked to close our file and you will hear from our client direct.
21/01/12 Received letter from Newman Debt Collection Agents- Immediate Action Required .We act for our client RBS regarding the above account contact us etc etc.
13/02/12 Received another letter from Newman Debt Collection - Notice of Further Action - We continue to act for our client RBS we ask that whatever your circumstances you call us immediately to resolve this matter.In the absence of this contact and cooperation we may proceed to litigation in this matter etc etc.
27/02/12 Received a letter from Newman Debt Collection - Notice of Further Action - Our records show that you have not responded to our attempts to contact yo.You must contact us within the next 4 days to prevent avoidable action.
23/03/12 Received from Newman Debt Collection- REPAYMENT OPTIONS- etc etc
02/04/12 Received another letter from Newman Debt Collection - Doorstep Collection Warning - Our records show that to date we have failed to make contact with you. Failure to pay or contact us within 7 days of the date of this letter may result in your account being passed to our field Representative to arrange a Doorstep Call etc etc.
02/04/12 Sent Harassment & Threat of Doorstep-Visit
10/04/12 Received a letter from Newman Debt Collection- We write with reference to your recent correspondence date 2nd April, the content which as been noted. etc etc
05/05/12 Recived a letter from scotcall limited - NOTICE OF PERSONAL VISIT - Your long overdue debt noted as above has been placed with scotcall for collection. scotcall are one of the uk's leading doorstep recovery debt recovery companies etc etc.
21/05/12 Received another letter from Scotcall - PRE - VISIT NOTICE
21/05/12 Sent Harassment & Threat of Doorstep-Visit letter to Scotcall
24/05/12 Received another letter from Scotcall - Please find enclosed paperwork relating to an account we are no longer dealing with. It was returned to our client on 22/05/2012. Please contact them at the address supplied.
28/07/12 Received a letter form MINT : Our collection agent has been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to Wescot Credit Services Ltd etc etc
18/08/12 Received a lettter from Wescot: Wescot Credit Services is a specialist DEBT COLLECTION organisation. We have been instructed by our client to collect the above outstanding balance on their behalf. PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT
IN FURTHER RECOVERY ACTION.
18/08/12 Sent: Accound Sold Whilst In Dispute - letter to Wescot
25/08/12 Received a letter from Wescot: Following your recent request for a signed agreement, our client has requested you write to the follwing adress and state in your covering letter that this is a section 77/78 request and enclose a £1.00 postal order payable to our client.
25/10/12 Received from Wescot: FINAL NOTICE - our latest enqueries have now confirmed you are still resident at this adress but we have not received a reply to our previous correspondence. Unless you contact us to agree repayment within the next 10 days, further collection activity will be taken etc etc
26/10/12 Sent: short letter to Wescot telling them when CCA request was sent.
08/11/12 Received a letter from wescot: We will suspend all collections on the above account,upon concluding our investigation, we will contact you again etc etc.
12/11/12 Received from Wescot: We refer to your recent communication.Having contacted our client they have advised that they have previopusly responded to your query, please see attached
In the circumstances we believe the dispute has now been resolved and the full balance or an agreed monthly installment is reqired etc etc
16/11/12 Sent: Missing Prescribed Terms to Wescot
30/11/12 Received a letter from Wescot in reply to Missing Prescribed Terms: We refer to your recent communication.Having contacted our client they have advised that the above balance is correct and due for payment. Please see the attached letter our client sent to you in response to your dispute
In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required etc etc. If in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your accountwill be returned to our recovery team for collection.
8/12/12 Creditor Refusal to Accept UE Status sent to Wescot
20/12/12 Received a letter from Wescot: Thank you for your recent contact with regard to the above account. We acknowledge you have raised a query etc etc . We will suspend all collections activity etc etc.
22/12/12 Received from Wescot: See post above received on 30/11/12
04/01/13 Sent a 1 liner referring Wescot back to our letter dated 8/12/12
22/01/13 Received from Wescot in reply to the above : Thank you for your recent communication regarding the above account.
Your letter dated 8/12/2012 was passed to our client. A letter of response was issued on the 19/12/2012.
Should you wish to query this account further, you would need to put the full details of your query in writing.
22/02/13 Received from MINT: Our collection agent has been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to Regal Credit Consultants Ltd.Regal credit solutions will be in touch within 14 days etc etc.
09/03/13 Received a letter from REGAL CREDIT: Your account has been passed to us etc etc, we will contact you during the next 7days etc etc.
05/04/13 Received from REGAL CREDIT : it is in your own interest to contact us to discuss this matter and it our obligation to advise you that if we do not hear from you we will be instructing our field collectors (ScotCall) to visit you to discuss the matter with you in person.
08/04/13 Sent Account Sold Whilst in Dispute & Harrament & Threat of Doorstep-Visit to Regal Credit
18/04/13 Received from Regal Credit: We are in receipt of your recent complaint, either directly or otherwise, and we are sorry that you have felt it necessary to take this course of action.
It may be that the cause of your complaint is beyond our control etc etc.
If we can respond to your complaint immediately we shall do so. We shall update you with our progress every 2 weeks.
We shall provide a Final Response within 8 weeks and will provide details of the escalation process if applicable. Once we have issued a Final Response we will not engage in ongoing communication regarding the same issue.
30/04/13 Received Regal Credit's Final Response .

Good afternoon everyone below is the latest update on the above account any advice as to our next move would be much appreciated thanks

[what2donext]

Re: What2donext / UE Diary

Mint Credit Card (Mrs)
Date Commenced - 29.10.03
Approx. Balance - £3399
Last Full Payment paid - 6.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
14/07/11 Received letter stating "I have received a letter regarding your account. The letter was not signed and as a result I am unable to undertake the action requested. Please sign the letter in space or call us etc." Ignoring for now until further advice is given

30/07/11 CCA received - Email sent to Niddy
03/08/11 Niddy says
04/08/11 Blagging it for now Sent CCA Query - Missing Prescribed Terms by recorded delivery
27/08/11 Received letter in reply to CCA Query - Missing Prescribed Terms
01/09/11 Received Default Notice stating" Please read the Default Notice carefully and ensure payment of £*** is credited to your account within 17 days etc etc"
28/09/11 Received Account termination letter stating - A Default Notice was recently served against you. As the amount requested in the Default Notice has not been received, your account has been terminated.
We now require full repayment of the outstanding debt within 14 of the date of this letter. If you do not comply, or fail to subit proposals for repayment that are satisfactory to us,your account will be passed over to our Debt Recovery Office etc etc.
19/10/11 Received letter from TRITON - We have been formally instructed by The Royal Bank of Scotland plc in respect of the above unpaid debt that despite reminders, you have failed to settle or to make mutually acceptable repayment arrangements .We must inform you that unless you telephone RBS immediately the debt will be referred to us or an equivalent debt recovery agent for collection.
03/3/11 Received today another letter from Triton asking for immediate payment if for any reason you are unable to make this payment by return you must telephone this office immediately
19/11/11 Received another letter from Triton - URGENT ACTION REQUIRED etc It may be appropriate that a debt recovery agent call on you to discuss and agree proposals for repayment.We would prefer not to take this action etc.
30/11/11 Received letter from Triton -NOTICE OF LEGAL PROCEEDINGS
23/12/11 Received letter from Green & Co solicitors - see below
24/12/11 Sent -Threat by Creditor - Threat-o-Gram Letter Before Action
09/01/12 Received letter from Green & Co -We note the contents of your letter and our client has requested that they will respond to you direct.We have therefore been asked to close our file and you will hear from our client direct.
21/01/12 Received letter from Newman Debt Collection Agents- Immediate Action Required .We act for our client RBS regarding the above account contact us etc etc.
13/02/12 Received another letter from Newman Debt Collection - Notice of Further Action - We continue to act for our client RBS we ask that whatever your circumstances you call us immediately to resolve this matter.In the absence of this contact and cooperation we may proceed to litigation in this matter etc etc.
27/02/12 Received a letter from Newman Debt Collection - Notice of Further Action - Our records show that you have not responded to our attempts to contact yo.You must contact us within the next 4 days to prevent avoidable action.
23/03/12 Received from Newman Debt Collection- REPAYMENT OPTIONS- etc etc
02/04/12 Received another letter from Newman Debt Collection - Doorstep Collection Warning - Our records show that to date we have failed to make contact with you. Failure to pay or contact us within 7 days of the date of this letter may result in your account being passed to our field Representative to arrange a Doorstep Call etc etc.
02/04/12 Sent Harassment & Threat of Doorstep-Visit
10/04/12 Received a letter from Newman Debt Collection- We write with reference to your recent correspondence date 2nd April, the content which as been noted. etc etc
05/05/12 Recived a letter from scotcall limited - NOTICE OF PERSONAL VISIT - Your long overdue debt noted as above has been placed with scotcall for collection. scotcall are one of the uk's leading doorstep recovery debt recovery companies etc etc.
21/05/12 Received another letter from Scotcall - PRE - VISIT NOTICE
21/05/12 Sent Harassment & Threat of Doorstep-Visit letter to Scotcall
24/05/12 Received another letter from Scotcall - Please find enclosed paperwork relating to an account we are no longer dealing with. It was returned to our client on 22/05/2012. Please contact them at the address supplied.
28/07/12 Received a letter form MINT : Our collection agent has been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to Wescot Credit Services Ltd etc etc
18/08/12 Received a lettter from Wescot: Wescot Credit Services is a specialist DEBT COLLECTION organisation. We have been instructed by our client to collect the above outstanding balance on their behalf. PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT
IN FURTHER RECOVERY ACTION.
18/08/12 Sent: Accound Sold Whilst In Dispute - letter to Wescot
25/08/12 Received a letter from Wescot: Following your recent request for a signed agreement, our client has requested you write to the follwing adress and state in your covering letter that this is a section 77/78 request and enclose a £1.00 postal order payable to our client.
25/10/12 Received from Wescot: FINAL NOTICE - our latest enqueries have now confirmed you are still resident at this adress but we have not received a reply to our previous correspondence. Unless you contact us to agree repayment within the next 10 days, further collection activity will be taken etc etc
26/10/12 Sent: short letter to Wescot telling them when CCA request was sent.
08/11/12 Received a letter from wescot: We will suspend all collections on the above account,upon concluding our investigation, we will contact you again etc etc.
12/11/12 Received from Wescot: We refer to your recent communication.Having contacted our client they have advised that they have previopusly responded to your query, please see attached
In the circumstances we believe the dispute has now been resolved and the full balance or an agreed monthly installment is reqired etc etc
16/11/12 Sent: Missing Prescribed Terms to Wescot
30/11/12 Received a letter from Wescot in reply to Missing Prescribed Terms: We refer to your recent communication.Having contacted our client they have advised that the above balance is correct and due for payment. Please see the attached letter our client sent to you in response to your dispute
In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required etc etc. If in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your accountwill be returned to our recovery team for collection.
8/12/12 Creditor Refusal to Accept UE Status sent to Wescot
20/12/12 Received a letter from Wescot: Thank you for your recent contact with regard to the above account. We acknowledge you have raised a query etc etc . We will suspend all collections activity etc etc.
22/12/12 Received from Wescot: See post above received on 30/11/12
04/01/13 Sent a 1 liner referring Wescot back to our letter dated 8/12/12
22/01/13 Received from Wescot in reply to the above : Thank you for your recent communication regarding the above account.
Your letter dated 8/12/2012 was passed to our client. A letter of response was issued on the 19/12/2012.
Should you wish to query this account further, you would need to put the full details of your query in writing.
22/02/13 Received from MINT: Our collection agent has been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to Regal Credit Consultants Ltd.Regal credit solutions will be in touch within 14 days etc etc.
09/03/13 Received a letter from REGAL CREDIT: Your account has been passed to us etc etc, we will contact you during the next 7days etc etc.
05/04/13 Received from REGAL CREDIT : it is in your own interest to contact us to discuss this matter and it our obligation to advise you that if we do not hear from you we will be instructing our field collectors (ScotCall) to visit you to discuss the matter with you in person.
08/04/13 Sent Account Sold Whilst in Dispute & Harrament & Threat of Doorstep-Visit to Regal Credit
18/04/13 Received from Regal Credit: We are in receipt of your recent complaint, either directly or otherwise, and we are sorry that you have felt it necessary to take this course of action.
It may be that the cause of your complaint is beyond our control etc etc.
If we can respond to your complaint immediately we shall do so. We shall update you with our progress every 2 weeks.
We shall provide a Final Response within 8 weeks and will provide details of the escalation process if applicable. Once we have issued a Final Response we will not engage in ongoing communication regarding the same issue.

Good morning everyone a quick update above, we will just wait and see what they send next thanks.

[Still Waving]

Re: What2donext / UE Diary

Thanks for the explanation SH.

This link shows the escalation links between these agencies, and helps to put it in perspective. http://compellogroup.co.uk/who-are-w...llections.aspx

[ScabHunter]

Re: What2donext / UE Diary

I do find that the letters coming from MKRR, MKDP and KS cause me some confusion, as they seem to all be part and parcel of the same organisation. However I would like to raise a query, for my own clarification. In the letter which you suggest sending to KS you tear apart the letter dated 6 March, but that letter came from MKDP.

Indeed, but it is KC who have sent a letter which could well be interpreted as a formal letter of claim. In order to answer that, we need to be analysing the letters send by their associate organisation. It is those letters which contain the attempts to deceive which are so fundamental to the dispute.

In effect, KC are acting as a type of pseudo-licitor, and taking on the role which a solicitor would normally play when litigating on behalf of a DCA.

However, I am wondering whether the part of your first letter (to KS) which deals with the 6 March letter, should actually be incorporated in the letter to MKDP?

You could do that, there is no reason why not. However, the letter to MKDP is not a response to anything. It is an initiatory communication designed to achieve a specific purpose, that is, a declaration of the paperwork which is held, courtesy of the CPUTR 2008. As such, I would stick solely to that one purpose, and not duplicate what was written to the effective pseudo-licitor.

SH

[what2donext]

Re: What2donext / UE Diary

I have been thinking quite a lot about this one over the weekend, and trying to work out what I would do in this situation. Their letter of 6th March is actually quite “clever” in its own entirely deceptive way, as it confuses a true copy with an exact copy in an attempt to force the deceived alleged debtor to capitulate.

I've decided that what I would do is respond to the formal letter of claim in the usual way, but also point out at the same time that I have just submitted a formal complaint to their associate company, incorporating a CPUTR request for information. The reasoning behind this is that it takes the potential dispute out of the realms of relying on Section 78 alone, and into the level where the more significant legislation of Sections 61(1)(a) and 127(3) come into play. The combination of letters also reverses the polarity, in that it is now the debt collectors who need to worry about losing money. A court claim could result in them having to pay costs, while the formal complaint opens up the possibility of a Trading Standards prosecution and, more realistically, escalation to the Fobbing Off Service at their expense.

It is well worthwhile to read Priority One's CPUTR thread, if you haven't done so already. This is a tactic with a proven pedigree of keeping cases out of court, and now seems like the right time to bring it into play. I don't believe that so-called “LBA” is a serious threat anyway, but it might be possible to gain some significant ground by assuming that it is.

PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

This is only my opinion, and what I would do in these circumstances. If anybody has any other ideas, post them here so that What2donext can decide which course to follow. Below are the letters which I would send, both at exactly the same time, but in different envelopes to the appropriate organisation. Send them recorded delivery.

SH

Two fantastic letters SH without your help we would have been stumped many thanks again SH

[ScabHunter]

Re: What2donext / UE Diary

You raise some good points, NDBW.

I've got to go out in an hour or so, so I'll leave a reply until I get back, if I can. That way, I can give this the attention it deserves without having to look at the clock all the time.

SH

[Still Waving]

Re: What2donext / UE Diary

Excellent letters as always SH.

I do find that the letters coming from MKRR, MKDP and KS cause me some confusion, as they seem to all be part and parcel of the same organisation. However I would like to raise a query, for my own clarification. In the letter which you suggest sending to KS you tear apart the letter dated 6 March, but that letter came from MKDP.

MKDP are now apparently the legal owners of the account, so it seems right that the formal CPUTR request in your second letter goes to them. However, I am wondering whether the part of your first letter (to KS) which deals with the 6 March letter, should actually be incorporated in the letter to MKDP?

(EDIT) Or is is simply that the addressees of the two letters should be transposed?

regards
NDBW

[ScabHunter]

Re: What2donext / UE Diary

This is what I would send to MKDP -

“FORMAL COMPLAINT

Dear Sirs,

I am in receipt of a formal letter of claim from your associate organisation Keynes Collections, to which I have now responded. I regret to say that your letter exhibits multiple inaccuracies, and appears to be designed purely to obfuscate the facts in a remarkably crude manner. I regret also that you continue to ignore the issues raised in my previous communications, and that you fail to do your due diligence before sending out such frivolous and entirely inappropriate responses.

As a direct consequence of this, I am now forced to raise a formal complaint with your own organisation in an attempt to force you to comply with the relevant legislation. Note that the following request is made pursuant to the Consumer Protection from Unfair Trading Regulations 2008, and that continued attempts to mislead could result in prosecution from the appropriate Trading Standards department.

I therefore now make a formal request pursuant to the Consumer Protection from Unfair Trading Regulations 2008, that you inform me whether or not you hold a fully compliant Consumer Credit Agreement for this alleged "account", signed by the alleged debtor or hirer, including all of the prescribed terms required to satisfy Section 61(1)a of the Consumer Credit Act 1974, that is, the form prescribed in the Consumer Credit Agreements Regulations 1983, Schedules 1, 2 and 6, as amended.

I look forward to your response, and also the response from your associates to my answer to your formal letter of claim.

Yours Faithfully,”

SH

[ScabHunter]

Re: What2donext / UE Diary

Here is what I would send to KC in response to the threat -

"Dear Sirs

Re your letter dated [DATE]

Thank you for your letter, the contents of which I have noted. Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol Practice Direction, in particular Annex A and Annex B. You will note that your letter fails spectacularly to comply with either of the aforesaid Annexes.

I therefore place you on notice that any litigation on the back of this letter will result in an immediate application to the Court, requesting the matter stayed with costs against you on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre-Action Protocol.

Turning to the subject matter of your letter, this matter is the subject of a dispute which has been raised with both yourselves and the previous owner of the alleged account, and therefore it would be appropriate, before you threaten litigation, for you to actively deal with the issues which I have raised.

SECTION 78 CONSUMER CREDIT ACT 1974

You will no doubt be aware that Section 78 of the Consumer Credit Act 1974 allows an account holder to request a true copy of the agreement, upon payment of a £1 statutory fee. In this case, such a request was forwarded on 7th July 2011. This request was completely ignored by Barclaycard, who proceeded to bombard my letterbox with irrelevant and meaningless threats, despite the request being entirely in default and the alleged debt therefore unenforceable.

On receipt of my reminder letter of 6th January 2012, Barclaycard immediately decided to offload this situation to your own organisation. You were immediately informed of the ongoing dispute, which was in place at the time you became involved.

On 22nd February 2013, I was sent an allegedly reconstituted agreement, which blatantly fails to comply with the legislation. The judgment of HH Judge Waksman in the case of Carey vs. HSBC in 2009 makes it clear that a reconstitution must be a 'true copy' of the original, even though certain sections of the document can be omitted. You were informed of this non-compliance, and proceeded to respond in a facetious and misleading manner.

The sixth paragraph of your letter of 6th March 2013 is a pitiful attempt to evade reality, and to mislead the reader into thinking that the law states something completely different from what is actually stated. The second and third sentences of this paragraph have no relevance to each other, and are included purely to deceive. The second states “The term 'true copy' does not mean a carbon, photocopy, microfiche copy or other exact copy of the signed credit agreement”. This may be true, but it is entirely irrelevant. The third sentence states “This means that under Section 78 of the Consumer Credit Act, an exact copy of a Credit Agreement does not need to be sent to you in order for you to be liable for the above balance.”

The use of the word 'exact' in the third sentence belies your intention to deceive, as a 'true copy' as defined in the Waksman judgment, and an exact copy, are plainly not the same thing. The law may not require an exact copy, but it does require a true copy, and not the type of generic construction which you have provided that bears no resemblance whatsoever to the original.

SECTIONS 61(1)(a) AND 127(3) CONSUMER CREDIT ACT 1974

Notwithstanding the above consideration, it should be noted that Sections 61(1)(a) and 127(3) of the Consumer Credit Act 1974 are far more significant than Section 78 when it comes to enforcing an alleged agreement in court. Your letter of 6th March 2013 is also entirely deceptive in the way it suggests that the content included constitutes a 'final response', and in the suggestion that the Financial Ombudsman Service could become involved at that point. As you are perfectly aware, the provision of a 'final response' relates purely to formal complaints, and no such complaints had at that time been submitted. By the same token, only a formal complaint can be escalated to the Financial Ombudsman Service.

However, in view of the misleading nature of your communications, and your persistent refusal to address the issues I have raised, a formal complaint has now been forwarded to MKDP. This formal complaint incorporates a request for information pursuant to the Consumer Protection from Unfair Trading Regulations 2008, in an attempt to finally get an answer as to the documentation which you actually hold. Note that any attempt to mislead in response to such a request can result in prosecution by the appropriate Trading Standards department.


In view of these considerations, and in accordance with the CPR Pre-Action Protocol Practice Direction, I look forward to your reply setting out correctly the nature of your intended claim and answering my dispute as stated above.

Yours Faithfully,"

SH

[ScabHunter]

Re: What2donext / UE Diary

I have been thinking quite a lot about this one over the weekend, and trying to work out what I would do in this situation. Their letter of 6th March is actually quite “clever” in its own entirely deceptive way, as it confuses a true copy with an exact copy in an attempt to force the deceived alleged debtor to capitulate.

I've decided that what I would do is respond to the formal letter of claim in the usual way, but also point out at the same time that I have just submitted a formal complaint to their associate company, incorporating a CPUTR request for information. The reasoning behind this is that it takes the potential dispute out of the realms of relying on Section 78 alone, and into the level where the more significant legislation of Sections 61(1)(a) and 127(3) come into play. The combination of letters also reverses the polarity, in that it is now the debt collectors who need to worry about losing money. A court claim could result in them having to pay costs, while the formal complaint opens up the possibility of a Trading Standards prosecution and, more realistically, escalation to the Fobbing Off Service at their expense.

It is well worthwhile to read Priority One's CPUTR thread, if you haven't done so already. This is a tactic with a proven pedigree of keeping cases out of court, and now seems like the right time to bring it into play. I don't believe that so-called “LBA” is a serious threat anyway, but it might be possible to gain some significant ground by assuming that it is.

PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

This is only my opinion, and what I would do in these circumstances. If anybody has any other ideas, post them here so that What2donext can decide which course to follow. Below are the letters which I would send, both at exactly the same time, but in different envelopes to the appropriate organisation. Send them recorded delivery.

SH