lookingforward's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thank you :-)

[lookingforward]

Re: fedupwiththeworry's UE Diary

Today I have a letter from Moorcroft stating they have been instructed by Ban of Scotland to collect the overdue debt.
It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.
To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Pymant should be submittred in full within 7 days or contact made with this office immediately, by phone/letter with payment offer. Both our client and ourselves do not wish to take this action etc but if agreement cannot be reached by 31.12.10 (hmmm didn't even get the letter by then) a claim may be issued by our clients solicitors without further notice.

Then a load of stuff about how judgements affect credit ratings etc.


BOS prev said (see above) that they wouldn't enforce, so don't know why yet another DCA is getting involved, especially as Iqor said they were putting on hold for 30 days. Do BOS send out to every DCA known to man ?

Photocopy the last letter saying they'd not enforce then send a copy of it with this, to Moorcroft: ---> viewtopic.php?p=20195#p20195

Hi Niddy,

Another letter from Moorcroft headed Notice of possible litigation. I need to pay or costs will be added if legal action taken etc.
This letter is dated 4th Jan which is before I sent the above letter you said to send which went on the 5th Jan
(still in network for delivery according to track and trace) so I assume I wait and see what they say to my letter ?

[lookingforward]

Re: fedupwiththeworry's UE Diary

Cahoot flexible loan

Last payment 26.04.10


24.5.10 CCA Request sent

04.06.2010 Delivered

10.06.2010 No response received. CCA Reminder sent

10.06.2010 CCA Rec’d email’d to Niddy to check

24.6.10 Letter rec’d saying looking into complaint

25.6.10 Re emailed Niddy for clarification on CCA

29.06.10 S10 Cease and Desist sent

17.7.10 Letter rec’d acknowledging complaint stating they will investigate, bal still o/s etc etc.

28.7.10 transaction list for a/c received.

2.8.10 Letter rec’d apologising for delay.

2.8.10 Ltter rec’d refuting S.10 need to send to Niddy.

13.8.10 Debtors final response CCA rec’d letter sent

26.8.10 Letter rec’d Moorcroft saying I have defaulted on agreement to pay £18.78 per month. So now in arrears by £18.70. Their records show dealing through a 3rd party if no longer the case contact them directly. Inless payments are maintained there’s a possibility they may recommend to their clients to instruct solicitots for legal proceedings.

4.9.10 Letter rec’d Moorcroft saying despite letters I have defaulted , arrears now £37.48. as a result of this a/c has been passed to home collections div for action. May involve home visit etc.

6.9.10 Threat of doorstep visit letter sent

5.11.10 Letter from Santander apologising for the delay still looking into the situation.

5.11.10 Letter from Santander replying to my letter dated 13.8.10. They refer me to their letter rec’d 2.8.10 (copy of letter & signed credit agreement again enclosed) and it is their belief that they have fully complied with all elements of the CCA and the agreement remains fully enforceable against me. They have no further comment to make in this matter as I have exhausted their internal complaints process. Enclosed a leaflet about the FOS in case I’m not happy.

Guess I just ignore them ?

Ignored the last 2 letters on your advice, today there's a letter from Wescot who state they have been instructed to collect the debt by their client, if I fail to rely to this notice by the date specified (no date given) the action detailed below may be taken

Please contact them ASAP as failure to do so will result in further recovery action

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Another letter from Moorcroft headed Notice of possible litigation. I need to pay or costs will be added if legal action taken etc.
This letter is dated 4th Jan which is before I sent the above letter you said to send which went on the 5th Jan
(still in network for delivery according to track and trace) so I assume I wait and see what they say to my letter ?

Yes, leave this and presume they will receive your latest letter in due course... give it a week then check the track and trace portal @ royal snail...

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Ignored the last 2 letters on your advice, today there's a letter from Wescot who state they have been instructed to collect the debt by their client, if I fail to rely to this notice by the date specified (no date given) the action detailed below may be taken

Please contact them ASAP as failure to do so will result in further recovery action

Just send this to Wescot: ---> viewtopic.php?p=20203#p20203

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy.

Only letter today from 1st credit re MBNA saying my last letter has been passed to the app dept who will respond in due course.

Ignoring this of course

[lookingforward]

Re: fedupwiththeworry's UE Diary

Never-In-Doubt wrote:
fedupwiththeworry wrote:
Hi Niddy,
Xmas post brought me a letter from Howard Caohen solicitors headed re CL Finance stating they have beeen instructed by the above named client due to their concern that the a/c has not been settled despite numerous requests for payment.
I should note if I fail to pay within the next 7 days (lol letter didn't arrive for 9 days) their instructions are to continue with further action against me.

To prevent further action I must make payment to their clients collection agent Lewis Debt Recovery by 21st Dec.

etc etc

Obviously all shut for Xmas so no rush for what to do next.

Thx Niddy, have a great Xmas with your family.
Send this back to Howard Conmen: ---> viewtopic.php?p=2319#p2319

Letter from Howard Cohen confirming they have closed their file received today

[lookingforward]

Re: fedupwiththeworry's UE Diary

Originally Posted by fedupwiththeworry
Today I have a letter from Moorcroft stating they have been instructed by Ban of Scotland to collect the overdue debt.
It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.
To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Pymant should be submittred in full within 7 days or contact made with this office immediately, by phone/letter with payment offer. Both our client and ourselves do not wish to take this action etc but if agreement cannot be reached by 31.12.10 (hmmm didn't even get the letter by then) a claim may be issued by our clients solicitors without further notice.

Then a load of stuff about how judgements affect credit ratings etc.

BOS prev said (see above) that they wouldn't enforce, so don't know why yet another DCA is getting involved, especially as Iqor said they were putting on hold for 30 days. Do BOS send out to every DCA known to man ?

Photocopy the last letter saying they'd not enforce then send a copy of it with this, to Moorcroft: ---> viewtopic.php?p=20195#p20195

On the 13th Jan I rec'd a reply from Moorcroft re my letter writing to say that they require a monthly repayment proposal I can afford and maintain to enable them to assist me further.

Ignore them as they seem to have ignored the content of my letter ?

Their letter is headed pre-court division by the way albeit I know they love to give their letters threatening tones

[lookingforward]

Re: fedupwiththeworry's UE Diary

Originally Posted by fedupwiththeworry
Letter rec'd today in response to my last letter (cca query missing prescribed terms letter) this a/c is re Niddy - This should be a multiple agreement with separate details and separate apr etc shown for the PPI (as it is in essence a separate loan) - as they have omitted all this, ooops!

Respond to 1st Crappy Credit with the following: ---> viewtopic.php?p=1503#p1503

Todays letter in response to that says the following:

They state they think it appears necessary to clarify the definition of a true copy of an agreement.
Where a creditor receives a request to supply a copy of the exec agreement, the consumer credit (cancellation notices and copies of docs) regs 1983 apply. Reg 3(1) sets out hat every copy of an exec agreement shall be a true copy.

Reg 3(2) goes on to state that there may be various info omitted from this true copy. Details which are not req'd to be in the agreement by law include the signature box, signature and date of signature. Therefore the effect of reg 3(2)is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to. The creditor is not obliged to make an actual photocopy of the agreement.

On this occasion 1st credit have exceeded the req'd obligations of the law and have provided you with an actual photocopy of the agreement you signed. Due to this we do not consider there to be a dispute o/s, thus are entitled to continue our attempts to collect the o/s sums owed.

They consider both the agreement and the T&C's sets out the prescribed terms in accordance with section 60(1) of the CCA 1974 and schedule 6 column 2 of the consumer credit (agreements) regs 1983.


They are fully aware of the OFT guidelines and do not consider to be in breach of these. An actual copy has been provided to me along with the relevent t&c's therefore they have fulfilled their obligations under the CCA 1974 and the default no longer continues. Should I report them to the OFT they will respond to them accordingly.

They are satisfied to my liability due to payments I have made towards the a/c since it has been assigned to 1st credit. Please contact our office within 14 days of the date of this letter with my proposals for settling the o/s balance failing which, the a/c will be referred to their solicitors for their consideration.

They look forward to hearing from me.

Send this back to them, see how that goes down: ---> viewtopic.php?p=2317#p2317

Update 15th Jan
I received a reply from 1st credit stating the following:

Letter from 1st credit thanking me for my letter goes on to state - “a request for a copy of the agreement is not a dispute of the debt itself, it is an information request. You may consider this to be a dispute however we do not. Nonetheless, a copy of the agreement you signed was sent to you in November. We reiterate that we consider the agreement and t&c’s, prev provided to you, contain the relevent prescribed terms in accordance with section 60(1) od the CCA 1974 and sced 6 col 2 of the consumer credit (agreements) regulations 1983.

A copy of the agreement and t&c’s and statement of account was provided to you in our letter blah blah. We have fulfilled our obligations under the CCA 1974 and the debt is now due and payable. Should you report the matter to trading standards, OFT, ICO and FOS, we will respond to them accordingly. The account is now with our legal team for their consideration in this matter. I suggest you seek independent legal advice as a matter of urgency.

Is it time to spell out that although they have provided what they say it is UE because etc etc as it seems they are going to take this further ?

[lookingforward]

Re: fedupwiththeworry's UE Diary

Originally Posted by fedupwiththeworry
Letter rec'd today in response to my last letter (cca query missing prescribed terms letter) this a/c is re Niddy - This should be a multiple agreement with separate details and separate apr etc shown for the PPI (as it is in essence a separate loan) - as they have omitted all this, ooops!

Respond to 1st Crappy Credit with the following: ---> viewtopic.php?p=1503#p1503

Todays letter in response to that says the following:

They state they think it appears necessary to clarify the definition of a true copy of an agreement.
Where a creditor receives a request to supply a copy of the exec agreement, the consumer credit (cancellation notices and copies of docs) regs 1983 apply. Reg 3(1) sets out hat every copy of an exec agreement shall be a true copy.

Reg 3(2) goes on to state that there may be various info omitted from this true copy. Details which are not req'd to be in the agreement by law include the signature box, signature and date of signature. Therefore the effect of reg 3(2)is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to. The creditor is not obliged to make an actual photocopy of the agreement.

On this occasion 1st credit have exceeded the req'd obligations of the law and have provided you with an actual photocopy of the agreement you signed. Due to this we do not consider there to be a dispute o/s, thus are entitled to continue our attempts to collect the o/s sums owed.

They consider both the agreement and the T&C's sets out the prescribed terms in accordance with section 60(1) of the CCA 1974 and schedule 6 column 2 of the consumer credit (agreements) regs 1983.


They are fully aware of the OFT guidelines and do not consider to be in breach of these. An actual copy has been provided to me along with the relevent t&c's therefore they have fulfilled their obligations under the CCA 1974 and the default no longer continues. Should I report them to the OFT they will respond to them accordingly.

They are satisfied to my liability due to payments I have made towards the a/c since it has been assigned to 1st credit. Please contact our office within 14 days of the date of this letter with my proposals for settling the o/s balance failing which, the a/c will be referred to their solicitors for their consideration.

They look forward to hearing from me.

Send this back to them, see how that goes down: ---> viewtopic.php?p=2317#p2317











On the 15th Jan I received a reply from 1st credit stating the following:

Letter from 1st credit thanking me for my letter goes on to state - “a request for a copy of the agreement is not a dispute of the debt itself, it is an information request. You may consider this to be a dispute however we do not. Nonetheless, a copy of the agreement you signed was sent to you in November.

We reiterate that we consider the agreement and t&c’s, prev provided to you, contain the relevent prescribed terms in accordance with section 60(1) od the CCA 1974 and sced 6 col 2 of the consumer credit (agreements) regulations 1983.

A copy of the agreement and t&c’s and statement of account was provided to you in our letter blah blah.

We have fulfilled our obligations under the CCA 1974 and the debt is now due and payable.

Should you report the matter to trading standards, OFT, ICO and FOS, we will respond to them accordingly.

The account is now with our legal team for their consideration in this matter. I suggest you seek independent legal advice as a matter of urgency.


Is it time to spell out that although they have provided what they say it is UE because etc etc as it seems they are going to take this further ?

Another letter from 1st credit, this time offering me various discounts if I pay within various timescales. Not a chance, no money here :-(

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

I'm really confused with the way you have copied posts so can't really reply to anything. Do you know how to quote? If so please go and edit the posts so that at least the quotes are accurate or copy YOUR relevant updates that you need ME to advise on - thanks.....

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

On the 15th Jan I received a reply from 1st credit stating the following:

Letter from 1st credit thanking me for my letter goes on to state - “a request for a copy of the agreement is not a dispute of the debt itself, it is an information request. You may consider this to be a dispute however we do not. Nonetheless, a copy of the agreement you signed was sent to you in November. We reiterate that we consider the agreement and t&c’s, prev provided to you, contain the relevent prescribed terms in accordance with section 60(1) od the CCA 1974 and sced 6 col 2 of the consumer credit (agreements) regulations 1983.

A copy of the agreement and t&c’s and statement of account was provided to you in our letter blah blah. We have fulfilled our obligations under the CCA 1974 and the debt is now due and payable. Should you report the matter to trading standards, OFT, ICO and FOS, we will respond to them accordingly.

The account is now with our legal team for their consideration in this matter. I suggest you seek independent legal advice as a matter of urgency. Is it time to spell out that although they have provided what they say it is UE because etc etc as it seems they are going to take this further ?

Just sit tight and stop worrying, see what they send next..... It doesn't matter what we spell out to them, they will not listen - we only send the templates so that if it ever got that far, we could say "but we sent that"...... we KNOW they don't agree with our letters, they're hardly going to sit there and just agree to every complaint and write debts off lol.

Wait and see their next move.

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

On the 13th Jan I rec'd a reply from Moorcroft re my letter writing to say that they require a monthly repayment proposal I can afford and maintain to enable them to assist me further.

Ignore them as they seem to have ignored the content of my letter ? Their letter is headed pre-court division by the way albeit I know they love to give their letters threatening tones

Ignore them for now.

[lookingforward]

Re: fedupwiththeworry's UE Diary

I'm really confused with the way you have copied posts so can't really reply to anything. Do you know how to quote? If so please go and edit the posts so that at least the quotes are accurate or copy YOUR relevant updates that you need ME to advise on - thanks.....

Hi Niddy,

It was because I was copying over from the old board that I couldn't do the quote bit right. Will be OK now on the new board which is superb.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Okey dokey I'll ignore 1st Credit & Moorcroft and wait.

Thank you as always