Swanfan's UE diary

[Pixie]

Re: Swanfan's UE diary

Swanny, I've been playing out this scenario out with Wescot's on a RBS visa account for the last 6 months...they write and as they have done with you,tell me their client has complied with my CCA request.
I write back and say they are talking bo**ox, Wescot writes back and says collection activity on hold while the consult their client....then the same letter telling me RBS have complied comes again a month later....I write back and tell them again it's bo**ox...and so it goes on and on...only folk making any money out of this right now is the Royal Mail in stamp revenue...

I've been having the same thing with Wetcloths and my Tesco card (RBS) since January. On other debts they've dealt with they've gone away after sending the Account Sold while in Dispute letter so I'm not sure if it's a new tactic on Wetcloth's part or something to do with RBS

[swanfan]

Re: Swanfan's UE diary

Swanny, I've been playing out this scenario out with Wescot's on a RBS visa account for the last 6 months...they write and as they have done with you,tell me their client has complied with my CCA request.
I write back and say they are talking bo**ox, Wescot writes back and says collection activity on hold while the consult their client....then the same letter telling me RBS have complied comes again a month later....I write back and tell them again it's bo**ox...and so it goes on and on...only folk making any money out of this right now is the Royal Mail in stamp revenue...

I've been having the same thing with Wetcloths and my Tesco card (RBS) since January. On other debts they've dealt with they've gone away after sending the Account Sold while in Dispute letter so I'm not sure if it's a new tactic on Wetcloth's part or something to do with RBS

Nope i don't think it's a new tactic. I've had 2 other accounts chased by Westcot, 1 they disappeared quickly, the other they chased like allan's account. Been said before, never expect dcas/creditor to follow the same pattern/path on different accounts.

[swanfan]

Re: Swanfan's UE diary

Reply from Westcot, 'We have contacted our client, they have complied with your request and issued a final response... We believe dispute resolved, full balance or monthly payment plan required...'

Gonna send this--> Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

Another letter from Westcot in reply to the above template... i think.... The letter is identical to their reply to account sold template.

Gonna see what they send next...

[swanfan]

Re: Swanfan's UE diary

MINT

Last payment- Jul 2010
Status- 6 months in arrears
Balance- £4662

CCA request to Mint- 23/08/10
CCA app form to Mint- 24/09/10
Threat of doorstep visit to Resolvecall- 19/11/10
Threat to commence litigation to Triton- 26/01/11
Threat of doorstep visit to Tiriton- 18/03/11
Threatogram lba to Triton- 26/03/11
Threat to commence litigation to Green- 10/05/11
Threat to commence litigation to RMA- 12/07/11
Final response UE (general) to RMA- 21/07/11
Threatogram lba to Moorcroft- 9/12/11
CCA Query- Letter confirm no CCA to Moorcroft- 21/12/11
Final response UE(cca recd) to Moorcroft- 17/03/12
Account sold wid to Westcot- 28/07/12
Creditor refusal to accept UE to Westcot- 23/08/12

So the latest comical letter from Westcot...

'Their latest enquiries have confirmed i am resident at my current address but have not received a reply from me. We could refer your account to a door step collections agency... please do not ignore this letter...'

...Which is exactly what i will be doin...

[swanfan]

Re: Swanfan's UE diary

MINT

Last payment- Jul 2010
Status- 6 months in arrears
Balance- £4662

CCA request to Mint- 23/08/10
CCA app form to Mint- 24/09/10
Threat of doorstep visit to Resolvecall- 19/11/10
Threat to commence litigation to Triton- 26/01/11
Threat of doorstep visit to Tiriton- 18/03/11
Threatogram lba to Triton- 26/03/11
Threat to commence litigation to Green- 10/05/11
Threat to commence litigation to RMA- 12/07/11
Final response UE (general) to RMA- 21/07/11
Threatogram lba to Moorcroft- 9/12/11
CCA Query- Letter confirm no CCA to Moorcroft- 21/12/11
Final response UE(cca recd) to Moorcroft- 17/03/12
Account sold wid to Westcot- 28/07/12
Creditor refusal to accept UE to Westcot- 23/08/12

Letter from Nelson Guest & Partner Solicitors, 'Westcot are offering a substantial discount if i contact them by the 8th October. Aftre that the offer will be withdrawn and the full balance is payable.'

Let me think about that...

[Never-In-Doubt]

Re: Swanfan's UE diary

I would really consider your options at this point mate.....

Try something like this (to Nelson....)

Dear Sirs,

I requested a true copy of the credit agreement to which I genuinely expected to receive an exact copy of that which your client holds within their records i.e. an actual "replica" of the agreement which is allegedly signed by myself and your client. To date, no such agreement has been sent and as such this account is clearly unenforceable in line with s.127(3) Consumer Credit Act 1974, which, for ease and clarity, is quoted below;

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

As is clear from the above, without an original "true copy" of the signed agreement encompassing the prescribed terms and duly containing my name and address, this account is lawfully deemed unenforceable and no formal action can be taken so long as this remains the case.

I therefore suggest you return the account back to your clients and kindly request they remedy their shortcomings as any attempted legal action will be fully and vigorously defended and averred as both unlawful and vexatious.

Regards


Swanfan

[swanfan]

Re: Swanfan's UE diary

Suggestion from here--> #218 will print off later Niddy.

[Never-In-Doubt]

Re: Swanfan's UE diary

Suggestion from here--> #218 will print off later Niddy.

I would send that mate, yes.

[swanfan]

Re: Swanfan's UE diary

MINT

Last payment- Jul 2010
Status- 6 months in arrears
Balance- £4662

CCA request to Mint- 23/08/10
CCA app form to Mint- 24/09/10
Threat of doorstep visit to Resolvecall- 19/11/10
Threat to commence litigation to Triton- 26/01/11
Threat of doorstep visit to Tiriton- 18/03/11
Threatogram lba to Triton- 26/03/11
Threat to commence litigation to Green- 10/05/11
Threat to commence litigation to RMA- 12/07/11
Final response UE (general) to RMA- 21/07/11
Threatogram lba to Moorcroft- 9/12/11
CCA Query- Letter confirm no CCA to Moorcroft- 21/12/11
Final response UE(cca recd) to Moorcroft- 17/03/12
Account sold wid to Westcot- 28/07/12
Creditor refusal to accept UE to Westcot- 23/08/12
Niddy letter #218 to Nelson Guest- 02/10/12

So... another letter from Westcot stating that Mint have previously responded to any dispute and payment in full or monthly installment is required. If i believe a dispute still remains i should contact them inside 14 days or the account will be returned to the recovery team for collection...

[ScabHunter]

Re: Swanfan's UE diary

Have a look at the post above, and then at this one posted less than an hour later -

allaboutFORUMS - View Single Post - October Revolution's UE Diary

Notice any similarity?

It looks as though the threat machine is just spewing out routine drivel to multiple recipients.

SH

[swanfan]

Re: Swanfan's UE diary

So... another letter from Westcot.... 'Failure to pay the amount in full or to contact us will result in further recovery action being taken.' *sigh*

[nanna58]

Re: Swanfan's UE diary

how tiresome swanny

[swanfan]

Re: Swanfan's UE diary

I'm trying very hard not to make some wisecrack about spanking...

[swanfan]

Re: Swanfan's UE diary

MINT

Last payment- Jul 2010
Status- 6 months in arrears
Balance- £4662

CCA request to Mint- 23/08/10
CCA app form to Mint- 24/09/10
Threat of doorstep visit to Resolvecall- 19/11/10
Threat to commence litigation to Triton- 26/01/11
Threat of doorstep visit to Tiriton- 18/03/11
Threatogram lba to Triton- 26/03/11
Threat to commence litigation to Green- 10/05/11
Threat to commence litigation to RMA- 12/07/11
Final response UE (general) to RMA- 21/07/11
Threatogram lba to Moorcroft- 9/12/11
CCA Query- Letter confirm no CCA to Moorcroft- 21/12/11
Final response UE(cca recd) to Moorcroft- 17/03/12
Account sold wid to Westcot- 28/07/12
Creditor refusal to accept UE to Westcot- 23/08/12
Niddy letter #218 to Nelson Guest- 02/10/12

Letter from Westcot... 'FINAL NOTICE' Goes on to say, unless a payment plan is reached by 25th November they may be collecting my doorstep or taking legal action.

Gonna send this to them--> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[swanfan]

Re: Swanfan's UE diary

MBNA

Last payment- Aug 2009
Status- Defaulted
Balance- £12,785

CCA request to Experto-15/02/10
CCA reminder to Experto-13/03/10
CCA sect 10 to Experto-14/04/10
CCA query to Experto-26/04/10
Harassment by Phone ToLAT to Experto- 03/09/10
Threat by lender & Refusal doorstep visitto CMC- 18/05/11
Threat by lender TCL to CMC- 7/06/11
Threatogram LBA to CMC- 12/07/11
Enough is enough to Fairfax- 27/10/11
Account sold wid to Aktiv Kapital- 17/03/12
CCA Query Missing PTs to Aktiv Kapital- 28/07/12

So.... After a long silence on all cards, PRA Group have requested payment. I sent the statute barred template, it is definitely sb. They replied saying 'It isn't', now they are threatening with court action or doorstep visit. Do I leave it for now or should I send something?