What2donext / UE Diary

[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.

Good morning all received the above yesterday should we send Harrasment & Threat of Doorstep Visit letter in reply thanks

[what2donext]

Re: What2donext / UE Diary

Barclaycard Credit Card (Mr)
Date Commenced - 23.7.99
Approx. Balance - £4166
Last Full Payment paid - 8.6.11
DMP Payment paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
22/07/11 CCA receivedlooks like just terms and conditions will email to Niddy to look at thank you
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
02/08/11 Received letter what looks as though they are quoting terms saying they don't class the account as being in dispute and for the purposes of the FOS to consider this as their final response
02/09/11 Recieved genral arrears letter
16/09/11 Received letter from Mercers stating- IMPORTANT-YOU SHOULD READ THIS CAREFULLY - Despite a recent letter from Barclaycard you are still behind with payments etc
26/09/11 Received another letter from Mercers stating - We are dealing with your account on behalf of Barclaycard etc etc, Please note,if you do not contact us, we will be instructing a local debt collector to visit you at the above adress to obtain payment of your debt .
27/09/11 Harrasment & Threat of Doorstep - Visit letter sent to Mercers
06/09/11 Received letter stating- Thank you for taking time to contact us regarding the level of service received from Barclaycard. We are very sorry to learn of your dissatisfaction,your correspondence is being dealt with by this office and we aim to resolve matters by 26 October 2011 etc etc.

18/10/11 Received letter from Barclaycard in response to our Harrasment & Threat of Doorstep Visit letter titled -FINAL RESPONSE I write further to your complaint and respond in my capacity as a Customer Relationship Manager. You have outlined in your complaint that you are unhappy with the level of telephone contact and that everything should be made in writing.You have also stated that you are unhappy regarding visitst to your property.You confirm you confirm that you believe such action would leave Barclaycard in breach of the OFT therefore you revoke permision for such a visit etc. Firstly please accept my apologies for any inconvenience that may have been caused by this matter.
If I may explain,your Barclaycard account has become overdue for repayment therefore under these circumstamces Barclaycard needs to contact you to discuss your current situation and potential repayment arrangements .Barclaycard is primarily a telephone based company and as such will attempt to contact customers by telephone as we believe this is the quickest way to resolve any issues.I must confirm that Barclaycard reserves the right to instruct appointed third parties to contact customers on their behalf which also may include home visits. I have duly noted your comments,however I must advise that i do not agree that Barclaycard will breach any legislative guidelines by conducting a home visit etc etc.

09/11/11 Received today another letter from Mercers - Call Us Now to Avoid Further Action As per our previous letter, if you don't contact us or make a payment, your account will be passed to our agents who will visit your property to secure payment on your account.
19/11/11 Received yesterday another letter fron Mercers -YOUR ACCOUNT IS SERIOUSLY IN ARREARS etc Make 3 missing payment and we will credit your account with the remaining 2 etc

Do we continue to ignore thanks

[garlok]

Re: What2donext / UE Diary

Hi W2DN,

Was the letter of 16.09.11 from Mercers the red one syaing that it is a default notice under s87(1)? If not have you ever received the red Mercers s87(1) DN? If you have then I would ignore this last letter completely as the their DNs are defective (keep the envelopes with them by the way). Likelyhood they will continue to posture for a bit more and then hand over the gangway in the office to Calders Financial who will attempt to collect monies not yet due and then the full outstanding amount. This is them attempting to terminate on the back of a defective DN which they cannot do.

They have made a fine art out of getting this wrong. Then it will go out onto the DCA circus with the rest of us.

If, as you have rescinded the implied licence to come to your property as yo have in previous correspondence, then it is they that break the law with the Tort of Trespass if they come. A second visit mnakes it aggravated trespass and the police may be calld to a criminal incident.

regards
Garlok

[what2donext]

Re: What2donext / UE Diary

Marks & Spencer Credit Card (Mrs)
Date Commenced - 5.5.98
Approx. Balance - £2834
Last Full Payment paid - 26.5.11
DMP Payment paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
21/07/11 Received CCA but looks like its application form and terms and conditions, delivered by recorded delivery printed name not signed, will email cover letter and application/cca to Niddy
24/07 11 Niddy says presume it is
25/07/11 CCA Query terms and conditions received letter sent by recorded delivery
09/08/11 Received letter with further copy of same application form and terms in response to CCA Query terms and conditions letter stating "M&S Money believe that your agreement is legally enforceable"
03/09/11 Received letter re: arrangement on account, interest charges resumed must repay full arrears immediately, please call immediately, if we don't hear from you we'll send default notice etc
17/09/11 Receieved Default Notice which states "IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH ETC"
21/09/11 CCA Query Missing Prescribed Terms letter sent via recorded delivery
29/09/11 Received letter in response to CCA Query Missing Prescribed Terms letter with the same completed application form and what looks like an updated blank application form.
13/10/11 Recieved today - Statutory Arrears Notice x 2 one dated 01/8/11 the other dated 01/10/11
15/10/11 Received letter from M&S Pre Legal Recoveries - The collections and recoveries department at M&S Money has instucted me to contact you about your account.Due to the serious arrears which are outstanding , Iam planning to instuct our agents to visit your home address. However you still have an opportunity to prevent this. Please contact us etc etc.
17/10/11 Harrasment & Threat of Doorstep - Visit letter sent to M&S Pre legal Recoveries via recorded delivery
02/11/11 Received another letter from M&S Pre Legal Recoveries stating - Thank you for your recent correspondence. We would like to talk to you before we act on the contents of your letter and request you telephone us. It is vital that you telephone in response to this letter, as action to recover any outstanding payment will continue until we have spoken to you. Obviously, given the fact that you have contacted us, we would rather that this did not happen. I must advise you, However, that we are unable to enter into any further correspondence regarding the exact contents of your letter and this is why you must telephone us. We look forward to hearing from you within the next five working days.
03/11/11 Sent reply Niddy wrote via recorded delivery
18/11/11 Received another letter form M&S Pre Legal Recoveries - Thank you for your letter dated 16th October, we have responded to your previous correspondence via letter on 20th July, 8th Aug, 29th Sept. To prevent further recovery action we will require a payment towards your account and an up-to-date breakdown of your I & E. etc etc. You will receive reminder letters and telephone calls about arrears on your account etc. etc.
19/11/11 Received another letter from M&S Money in reply to letter Niddy wrote 03/11/11 will upload in update.

Please find below letter received from M&S Money yesterday we would appreciate advice on the next step to take thanks

[what2donext]

Re: What2donext / UE Diary

Hi W2DN,

Was the letter of 16.09.11 from Mercers the red one syaing that it is a default notice under s87(1)? If not have you ever received the red Mercers s87(1) DN? If you have then I would ignore this last letter completely as the their DNs are defective (keep the envelopes with them by the way). Likelyhood they will continue to posture for a bit more and then hand over the gangway in the office to Calders Financial who will attempt to collect monies not yet due and then the full outstanding amount. This is them attempting to terminate on the back of a defective DN which they cannot do.

They have made a fine art out of getting this wrong. Then it will go out onto the DCA circus with the rest of us.

If, as you have rescinded the implied licence to come to your property as yo have in previous correspondence, then it is they that break the law with the Tort of Trespass if they come. A second visit mnakes it aggravated trespass and the police may be calld to a criminal incident.

regards
Garlok

Thanks Garlock just checked letter received 16/09/11 and it was a Default Notice under S87(1) so we will continue to ignore .

[Henryhatter]

Re: What2donext / UE Diary

Hi W2DN,

Was the letter of 16.09.11 from Mercers the red one syaing that it is a default notice under s87(1)? If not have you ever received the red Mercers s87(1) DN? If you have then I would ignore this last letter completely as the their DNs are defective (keep the envelopes with them by the way).
regards
Garlok

Hi Garlok - can I ask why you say that the Mercers DNs are defective? I have one. I will upload all the DNs I have to the DN upload soon as I am interested in this strand. Thanks

[Pixie]

Re: What2donext / UE Diary

Please find below letter received from M&S Money yesterday we would appreciate advice on the next step to take thanks

Don't return the I&E form. There is no legal requirement for you to do so.

I'd send CCA Query - Creditor Refusal to accept UE to M&S.

[garlok]

Re: What2donext / UE Diary

Basically, the DN from Mercers does not show the full name and address of the original creditor. Check the dates carefully and have you kept the envelope? You have noted the date that it actually came your door? Normally they will be 2 days maybe 3 days short of the 14 days laid down by Parliament for rectifying the default. the figures of arrears must be accurate and only you can decide that. There has been an awful lot of controversy about Default Notices and surrounding bits and pieces.

However in the recent win by Brandon in the Court of Appeal (Amex v Brandon) all these matters can no longer be treated by the courts as "de minimus" issues and ignore them.

Finally Mercers are a dormant company as registered at Companies House although they belong entirely to Barclaycard. they are not allowed to participate in any commercial activity at all including debt collection activities. Don't tell them all this direct, BC have made a fine art of getting this wrong including the pending attempted termination which normally happens from across the gangway in the same office, literally from another BC outfit called Calder Financial.

If an attempt to go to court to enforce is undertaken, they cannot terminate on the back of a defective DN and hence have no cause of action until such times as they put the DN right. I've seen a few now, some our own, but I have never seen a good DN from Mercers.

regards
Garlok

[what2donext]

Re: What2donext / UE Diary

Don't return the I&E form. There is no legal requirement for you to do so.

I'd send CCA Query - Creditor Refusal to accept UE to M&S.

Thanks Pixie we wont return the I/E form and will send above by recorded delivery tomorrow

[Henryhatter]

Re: What2donext / UE Diary

Thanks Garlok, I'll check my DN. I kept the envelope. I know I received the notice on 7/11 and states payment is to reach BC before 20/11. I will check the name address and the amount of arrears. Thanks again.

[garlok]

Re: What2donext / UE Diary

There you henryhatter,

Defect one which is normal as before 20th means actually no later than business hours on the 19th. So they are short. I bet it doesn't give the full name of the oc either, it will be something like:
" We act as agents for Barclaycard" or words to that effect.

regards
Garlok

[Never-In-Doubt]

Re: What2donext / UE Diary

You just gotta laugh at their ineptness really...... they think we're some sort of fool that they can just push around? Ermmm, think again muppets!

[Never-In-Doubt]

Re: What2donext / UE Diary

Please find below letter received from M&S Money yesterday we would appreciate advice on the next step to take thanks

In response to this letter

write back and simply say

"there is no provision in any legal or regulatory guidance that says you have a right to speak to me, I want to deal with you in writing and writing alone as this provides an audit trail of events. However in light of your nonsense response, requesting I call you or you'll take action, I must point out that this will be shown to the judge in any proceedings you may decide to take against me, which will be vehemently defended in any case. I have explained my reasons for non compliance and thus you need to consider replying to that before I formally decide to cease communication with you altogether, and report your conduct to the Financial Ombudsman".

See what that does

Ignore them for now.... see what they come back with next!

[what2donext]

Re: What2donext / UE Diary

In response to this letter



Ignore them for now.... see what they come back with next!

Will do Much appreciated Niddy thanks again

[Never-In-Doubt]

Re: What2donext / UE Diary

Will do Much appreciated Niddy thanks again

sorry for the delay - you need to PM me if I miss stuff as I'm not on the diaries as much nowadays....