What2donext / UE Diary

[Deepie]

Re: What2donext / UE Diary

Ignore all 3....^^^^^

[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.
26/11/11 Received another letter from Pre Legal Recoveries uploaded in update
07/12/11 Received Statuatory Arrears Notice
07/12/11 Received FINAL DEMAND
08/12/11 Received letter posted below
30/12/11 Received letter from Moorcroft Debt Recovery see below
30/12/11 Sent Threat by Creditor - Threat-o-Gram Letter Before Action
06/01/12 Received letter from Moorcroft -We acknowledge receipt of your correspondence, please be assured that your account is now on hold whilst we investigate etc etc
17/02/12 Received a letter from Moorcroft regarding the above account - I write in response to your recent query in relation to the above accountand can confirm we have been in contact with M&S Financial Services and they have advised that they have provided documents under the Consumer Credit Agreement S77/78 and they do believe the agreement is enforceable and the balance is correct and due.I can therefore confirm I have placed the account on hold foe 2 weeks and request you make contact with our call centre to discuss a repayment proposal.Please be aware that if contact is not made within this time scale our follow up of this account will recomence.
14/03/12 Received a letter from Mooorcroft - IMPORTANT INFORMATION - POSSIBLE LITIGATION if you do not contact us following this letter we may have no alternative other than to recomment to our client that solicitors issue legal action against you .etc etc then a list of charges
14/03/12 Sent - Threat by Creditor - Enough is Enough Response
22/03/12 Received from Moorcroft today- Thank you for your recently received letter requesting a copy of the credit agreement .However,
under the Consumer Credit Act 1974 you must provide a £1 fee before the request can be actioned. etc etc
07/04/12 Received another letter from Morcroft- MONTHLY INSTALMENT OFFER -As we have not received any communication from you with regards to your outstanding account.In order to stop our recommending to our clients that solicitors commence legal proceedings we are prepared to accept payments of £120 per month. etc etc
19/04/12 Received a letter from Midas Credit Services - LITIGATION WARNING -We are part of the Moorcroft group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the above account. We are now reviewing the account prior to the possible recommending of legal action by external solicitors acting on behalf of our clients Failure to contact Mooroft Debt Recovery Ltd by the 24/04/12 may result in the issue of legal proceedings without further notice etc etc.
20/04/12 Sent Threat by Creditor - To Commence Litigation Response
26/04/12 Received a letter from Moorcroft -Thank you for your recent letter requesting a copy of the credit agreement.However under the Consumer Credit Act 1974 you must provide a £1.00 fee before the request can be actioned, please make the fee payable to the above client.Consequently if you submit the prescribed payment we will gladly process your request.
11/05/12 Received a letter from Moorcroft Home Collections Division- Our records show that despite our previous letters you have failed to make any apyment to us and therfore your account has now been passed to our Home Collections Division for action.This may involve our local representative calling at your home etc etc .

Good morning everyone received the above today do we send -Harassment & Threat of Doorstep-Visit - letter ? thanks

[Deepie]

Re: What2donext / UE Diary

Good morning everyone received the above today do we send -Harassment & Threat of Doorstep-Visit - letter ? thanks

up to you ....it says MAY call .... no harm in sending or ignore

[what2donext]

Re: What2donext / UE Diary

up to you ....it says MAY call .... no harm in sending or ignore

Cheers In2deep we will send it just in case

[what2donext]

Re: What2donext / UE Diary

Sygma/Creation Credit Card (Mrs)
Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)

07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.

10/09/11 Received letter stating : you have failed to maintain your temporary repayment arrangement with us,which was agreed to assist you, if we do not receive a payment within 7 days ,we will have no option but to assume you are unwilling to pay,your account will return to standard inteest rate and we will resume collections activity.This could include, The issue of a court summons etc etc. We have attempted to support you etc but without your cooperation we canot continue to do so.
16/11/11 Received general arrears letter
23/11/11 Received another general arrears letter
01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
02/12/11 Sent Niddy special
10/12/11 Received Default Notice
31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
01/02/12 Received CCA
04/02/12Niddy says Unenforceable
04/02/12 Sent Missing Prescribed Terms letter
03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
03/04/12 Sent Threat-o-Gram Letter Before Action
07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.

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

[what2donext]

Re: What2donext / UE Diary

Egg Credit Card (Mrs)
Date Commenced - 17/12/01
Approx. Balance - £2655
Last Full Payment paid - 16.6.11
DMP Payment paid - 7.7.11 (no more payments being made)

07/07/11 CCA request sent
18/07/11 Received CCA Can you please advise what pages to email Niddy as there are 8 pages of terms and conditions, a copy of the application form and 14 pages on the credit agreement, many thanks
19/07/11 Niddy says

19/07/11 CCA Query - Missing Prescribed Terms sent recorded delivery
18/08/11 Received letter saying the documents provided constituted a true copy of your agreement,we have now provided all documents required by law and do not consider there to be a genuine dispute as to the enforceability etc etc.
09/11/11 Received letter about Barclaycard taking it over with the "line carry on managing your account as you do today" etc etc.
05/12/11 Received letter from Mercers Fantastic Offer Make 2 payments get 2 free etc etc.
10/11/12 Received another IMPORTANT INFORMATION letter from Mercers
12/01/12 Received letter from Calder Financial - A FINAL OFFER OFF HELP - Our clients are prepared to accept 60% of your outstanding balance in f&f settlement of your debt etc etc
06/03/12Received letter from Barclaycard - Formal Demand For Payment -As you have not complied with the recent Default Notice, the outstanding balance shown above is now due etc etc .If a payment is not made by 8 March 2012, a debt collector may call upon you or legal proceedings may be taken against you in the County Court blah blah blah.
22/03/12 Receieved from Barclaycard - your Barclaycard account has now been passed to RMA to manage the collection of the balance. etc etc .
23/03/12 Received a letter from RMA -Please accept this letter as notification that,due to non payment your account has been passed to RMA etc etc .
12/04/12 Received a letter from RMA -NOTICE OF CONCERN -With concern, I note that our records show you have failed to agree on an acceptable repayment plan on your outstanding balance with Barclaycard.etc etc.
17/04/12 Received a letter from RMA - You have been selected for a SETTLEMENT OFFER on your current outstanding balance you must call within 14 days etc etc.
24/04/12 Received another letter from RMA - We are writing to you as despite our attempts to reach a suitable agreement on the repayment of
your outstanding Barclaycard account, to date the matter remains unresolved.Please call us etc etc
28/04/12 Received yet another letter from RMA -NOTICE OF POTENTIAL DOORSTEP RECOVERY -We are writing to formally notify you of our intensions to forward your account to Scotcal LTD,a doorstep recovery agent etc etc.
28/04/12 Sent Harassment & Threat of Doorstep-Visit letter to RMA.
17/0512 Received letter from RMA- THIRTY DAY NOTICE - you have been legally notified of this debt and have failed to contact us in relation to your liability to our client. This situation is unacceptable and cannot be allowed to continue etc. etc. Should you fail to take advantage of one of these proposals will leave me with little alternative other than to return your account back to our client and recommend they investigate legal proceedings against you, as all our attempts to resolve the matter on a voluntary basis will have been unsuccessful. etc. etc.

Good morning everyone received the above today do we just ignore and see if they return the account to Barclaycard ? thanks

[Deepie]

Re: What2donext / UE Diary

Good morning everyone received the above today do we just ignore and see if they return the account to Barclaycard ? thanks

I Would send this------> Threat by Creditor - Threat-o-Gram Letter Before Action just to let them know.....

[ScabHunter]

Re: What2donext / UE Diary

leave me with little alternative other than to return your account back to our client and recommend they investigate legal proceedings against you

Does it really say 'investigate' instead of 'instigate'?

What are they going to do, hire a private detective to see if it is possible to issue court papers on an unenforceable debt?

SH

[what2donext]

Re: What2donext / UE Diary

I Would send this------> Threat by Creditor - Threat-o-Gram Letter Before Action just to let them know.....

Does it really say 'investigate' instead of 'instigate'?

What are they going to do, hire a private detective to see if it is possible to issue court papers on an unenforceable debt?

SH

Cheers In2deep we will get it sent today & yes it definitely says investigate SH they could hire Inspector notgota - clouseau

[what2donext]

Re: What2donext / UE Diary

4417[/ATTACH]92059]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.
26/11/11 Received another letter from Pre Legal Recoveries uploaded in update
07/12/11 Received Statuatory Arrears Notice
07/12/11 Received FINAL DEMAND
08/12/11 Received letter posted below
30/12/11 Received letter from Moorcroft Debt Recovery see below
30/12/11 Sent Threat by Creditor - Threat-o-Gram Letter Before Action
06/01/12 Received letter from Moorcroft -We acknowledge receipt of your correspondence, please be assured that your account is now on hold whilst we investigate etc etc
17/02/12 Received a letter from Moorcroft regarding the above account - I write in response to your recent query in relation to the above accountand can confirm we have been in contact with M&S Financial Services and they have advised that they have provided documents under the Consumer Credit Agreement S77/78 and they do believe the agreement is enforceable and the balance is correct and due.I can therefore confirm I have placed the account on hold foe 2 weeks and request you make contact with our call centre to discuss a repayment proposal.Please be aware that if contact is not made within this time scale our follow up of this account will recomence.
14/03/12 Received a letter from Mooorcroft - IMPORTANT INFORMATION - POSSIBLE LITIGATION if you do not contact us following this letter we may have no alternative other than to recomment to our client that solicitors issue legal action against you .etc etc then a list of charges
14/03/12 Sent - Threat by Creditor - Enough is Enough Response
22/03/12 Received from Moorcroft today- Thank you for your recently received letter requesting a copy of the credit agreement .However,
under the Consumer Credit Act 1974 you must provide a £1 fee before the request can be actioned. etc etc
07/04/12 Received another letter from Morcroft- MONTHLY INSTALMENT OFFER -As we have not received any communication from you with regards to your outstanding account.In order to stop our recommending to our clients that solicitors commence legal proceedings we are prepared to accept payments of £120 per month. etc etc
19/04/12 Received a letter from Midas Credit Services - LITIGATION WARNING -We are part of the Moorcroft group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the above account. We are now reviewing the account prior to the possible recommending of legal action by external solicitors acting on behalf of our clients Failure to contact Mooroft Debt Recovery Ltd by the 24/04/12 may result in the issue of legal proceedings without further notice etc etc.
20/04/12 Sent Threat by Creditor - To Commence Litigation Response
26/04/12 Received a letter from Moorcroft -Thank you for your recent letter requesting a copy of the credit agreement.However under the Consumer Credit Act 1974 you must provide a £1.00 fee before the request can be actioned, please make the fee payable to the above client.Consequently if you submit the prescribed payment we will gladly process your request.
11/05/12 Received a letter from Moorcroft Home Collections Division- Our records show that despite our previous letters you have failed to make any apyment to us and therfore your account has now been passed to our Home Collections Division for action.This may involve our local representative calling at your home etc etc .
11/05/12 Sent Harrasment & Threat of Doorstep - Visit letter to Moorcroft.
18/05/12 Received a rather long winded letter from Moorcroft

Good morning everyone we received a rather long winded letter from Moorcroft today any advice on our next reply would be much appreciated thanks

[Deepie]

Re: What2donext / UE Diary

I Would leave it 2 weeks then send this------> Final Response - Unenforceable (CCA Received)

[Pixie]

Re: What2donext / UE Diary

Either ignore or send your own long-winded letter back Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received).

[what2donext]

Re: What2donext / UE Diary

I Would leave it 2 weeks then send this------> Final Response - Unenforceable (CCA Received)

Cheers In2deep & Pixie thats what we will do

[ScabHunter]

Re: What2donext / UE Diary

That long winded letter is basically a 'smoke and mirrors' trick as most of it relates to a hypothetical situation where no response has been received to a ss. 77-79 request. This is not relevant here as you have received an application form in response to such a request. The relevant sections are 60 and 61, now that you have been sent an alleged agreement which is missing the prescribed terms.

The template suggested by the Super Mods does mention the relevant sections, and is entirely relevant to the current situation.

Moroncrap don't seem to know what the hell they are doing here, as they seem to have sent a facetious reply on 26th April 2012 demanding £1 for a CCA request, when the request was sent and actioned in July 2011. It is almost as though the computer is picking threat letters at random.

That letter you have just received is surprisingly coherent for Moroncrap, even though most of it is irrelevant. I suspect one of the office cleaners must have hijacked the printing machine.

SH

[Pixie]

Re: What2donext / UE Diary

That letter you have just received is surprisingly coherent for Moroncrap, even though most of it is irrelevant. I suspect one of the office cleaners must have hijacked the printing machine.

SH