DNW's UE Diary

[DNW]

Re: DNW's UE Diary

maybe just send a one liner and say

"listen you've sent me that many version of terms could you please send the only set you intend to rely on should this matter escalate to court because I do not recognise any of those supplied and also, all three sets of terms received to date are different so how am I meant to establish anything when you, the ones supplying the info, can't even create documents that are purported to be accurate?

I await your speedy reply and hope I don't need to utilise CPUTR for a statement of truth as to the true whereabouts of the alleged terms (that were never issues at inception); you've now had three attempts to fudge a good version but you fail to even get that right - oh and whilst I'm here I thought you might like to know you also sent me some internal document that lists hundreds of your 'debtors' which as you'll appreciate is a very big breach of Data Protection. Maybe now is the time to do a deal or risk the back lash - a copy of one page of what you sent me is attached, so you realise I'm not bluffing here.

If you close this account I will return this document and say no more about it. If you do not, well we'll see what happens won't we.

Yours faithfully."

Obviously copy the document you have and send a copy with the above letter, this could be interesting - bribing a DCA so brazenly

Sending this has certainly made them sit up and take notice - I only sent it on Tues and had a phone call from them today.

Very annoying actually as the call came through as a private number so I answered it thinking it was work, but it was MKDP - I was very non committal when she asked to speak to me by name and obviously I refused to complete security checks but said I was happy to deal with them in writing, so will be watching out for the postie in the morning....

I didn't think DCAs were allowed to call from 'private numbers' - or is that only cold call telesales etc?

[Never-In-Doubt]

Re: DNW's UE Diary

nothing to lose......

[DNW]

Re: DNW's UE Diary

Brazen makes me nervous... but I'll give it a go

[Never-In-Doubt]

Re: DNW's UE Diary

Niddy say's it's still and suggested sending 'missing PT' template but I've just realised I sent them that on 1st Feb - should I send the same letter again or is there another I should send instead? Basically, all the PT I've received so far have been different...

maybe just send a one liner and say

"listen you've sent me that many version of terms could you please send the only set you intend to rely on should this matter escalate to court because I do not recognise any of those supplied and also, all three sets of terms received to date are different so how am I meant to establish anything when you, the ones supplying the info, can't even create documents that are purported to be accurate?

I await your speedy reply and hope I don't need to utilise CPUTR for a statement of truth as to the true whereabouts of the alleged terms (that were never issues at inception); you've now had three attempts to fudge a good version but you fail to even get that right - oh and whilst I'm here I thought you might like to know you also sent me some internal document that lists hundreds of your 'debtors' which as you'll appreciate is a very big breach of Data Protection. Maybe now is the time to do a deal or risk the back lash - a copy of one page of what you sent me is attached, so you realise I'm not bluffing here.

If you close this account I will return this document and say no more about it. If you do not, well we'll see what happens won't we.

Yours faithfully."

Obviously copy the document you have and send a copy with the above letter, this could be interesting - bribing a DCA so brazenly

[DNW]

Re: DNW's UE Diary

UPDATE

15/02/13 - Received from MKDP - Final response we have fulfilled all obligations and will continue collection activities. They've also enclosed a newly found CCA which I'm not liking the look of.

I've uploaded the CCA uploaded to secure section and am awaiting Niddy's comments.

Niddy say's it's still and suggested sending 'missing PT' template but I've just realised I sent them that on 1st Feb - should I send the same letter again or is there another I should send instead? Basically, all the PT I've received so far have been different...

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,200
Date last paid           - Mar-11 (full) Aug-11 (token)   
Arrangement/not paying   - Not paying
Status                   - In Arrears  (DN rec'd 03/09)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 18/04/11 Acknowledge receipt of I&E, refuse to reduce or stop charges
2. 27/04/11 Request for payment
3. 13/05/11 Reduced credit limit
4. 01/06/11 Reminder of overdue payment and informed it will be passed to Mercers to send default notice.
5. 30/06/11 Mercers - accept £1 payments, to be reviewed in 2 months. No interest or charges to be applied while making token payments.
6. 24/07/11 I wrote and requested refund interest & charges (sent to Barclays & Mercers)
7. 17/08/11 CCA request sent
8. 03/09/11 DN Received from Mercers
9. 05/09/11 Acknowledged CCA request - they're looking for it and will get back to me
10. 13/09/11 Letter rec'd from Mercers - 48 hours notice (letter dated 06/09/11), I have ignored their demands for payment so they are now passing my account to a local firm who may send a rep to visit me (ignored)
11. 29/09/11 Covering letter for Recon CCA enclosed - but no encs in envelope
12. 29/09/11 Letter received - Calders - 7 day notice (ignored)
    
13. 17/10/11 Current T&C received
14. 19/10/11 Letter sent to Calders - Harassment & Threat of Doorstep-Visit
15. 04/11/11 Letter received - Formal Demand for Payment (full balance) - until paid, no statements will be sent. If not paid by 08/11/11, debt collectors may call or you may be taken to court. We will set off any funds available to us.
    
16. 09/11/11 - Sent Final Response - Unenforceability (No CCA Received)[/COLOR]
17. 15/11/11 - Received from Barclays - They feel they have fulfilled their obligations and complied with my s.78 request..... Re section 61, they point to paragraph 230 Carey vs HSBC, and say "It's insufficient.. to point to the absence of a signed, or a proper s78 copy as a foundation for a plea of an improperly executed agreement... They believe my credit agreement to be fully compliant and will oppose allegations that it isn't..... With regards to the OFT, they do not hold my account to be in dispute..... Attached was a copy of my CCA
18. 28/11/11 Niddy says
    
19. 06/12/11 - Received a letter from Barclaycard notifying me this has now been assigned to MKDP LLP (ignored - waiting to hear from MKDP)
    
    
20. 09/03/12 - Received from MK Rapid Recoveries - "Further to our recent communication (no comms received prior to this from MK RR) we have not received your offer of payment... We want to help and are able to offer installments to clear the balance... We will continue to contact you to resolve this."
    
21. 12/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
    
22. 19/03/12 - Received from MK Rapid Recoveries - Thanks for writing, at this time we are unable to resolve your query and we'll liaise with OC and re contact you in due course.(filed)
    
23. 22/03/12 - Received from MK Rapid Recoveries - As you've not taken up our offer of help, as a legal requirement we must inform you we're instructing our pre-litigation team to review your account.... They may commence litigation... It's not too late to resolve this.
    
24. 30/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
    
25. 14/04/12 - Received from MKRR - We've requested a copy of the documents from BC and this will be forwarded to you in due course. (filed)
    
26. 04/05/12 - Received from MKRR - Further to your letter, please find copy statement as requested. Please contact us to discuss repayment. Enclosed were copies of all statements on this account dating back to its inception in 2006. (filed)
    
27. 09/11/12 - Received from MKDP - They are liasing with BC to try and resolve my query and reasure me that they take great care to ensure that such matters are dealt with in a professional manner...(filed)
    
28. 28/01/13 - Received from MKDP - Recon CCA and another document which I don't believe was meant for me...
    
29. 01/02/13 - Sent to MKDP - Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
    

UPDATE

15/02/13 - Received from MKDP - Final response we have fulfilled all obligations and will continue collection activities. They've also enclosed a newly found CCA which I'm not liking the look of.

I've uploaded the CCA uploaded to secure section and am awaiting Niddy's comments.

[DNW]

Re: DNW's UE Diary

UPDATE

Hello all

28/01/13 - Received from MKDP - Recon CCA and another very interesting document which I'm sure was sent in error...

I've posted the CCA and the other document in the secure area and will await Niddy's comments :niddy

(Posting this for my own record keeping) I'm ignoring the 'extra' document for now and sending Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms to MKDP.

[Deepie]

Re: DNW's UE Diary

UPDATE

30/01/13 Received from Wescot - To avoid further action you must a) Pay the debt in full or b) contact us


Obviously I'm not going to choose option A so I guess I'll be writing to them - this was checked by Niddy and deemed but should I send: Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Also, rather annoyingly, they seem to have got hold of my unlisted home phone number which has only ever been given out to 3 family members - so far I've only received one recorded message on there but I'm curious as to how they would've got the number as if they've got it, no doubt others will follow

That's what I would do.......

[DNW]

Re: DNW's UE Diary

MBNA

Name                     - MBNA
Type of account          - Credit Card
Date commenced           - Dec 2006
Approx balance           - £8,700
Date last paid           - Mar-11    
Arrangement/not paying   - Token Payment
Status                   - In Arrears 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 27/04/11 Missed payment reminder
2. 29/04/11 Card cancelled
3. 11/05/11 Notice of arrears
4. 31/05/11 Payment reminder
5. 16/06/11 Card cancelled
6. 30/06/11 Accepted I&E shortfall, will write again with a repayment plan
7. 13/07/11 Notice of arrears
8. 24/07/11 My letter - request interest freeze and no change in circumstances.
9. 15/07/11 (crossed with my letter) Accept £1, zero interest & charges
10. 17/08/11 CCA Request sent
11. 03/09/11 CCA received and sent to Niddy
12. 03/09/11
13. 06/09/11 Received - DN
    
14. 16/11/11 Received - Account Terminated letter - Various recovery options they may consider: Sale of debt, Placement of debt, Litigation... I will be informed of any further action
    
15. 10/07/12 - Token payments cancelled to see what action they take
16. 20/12/12 Received from MBNA - We've sold your account to Arrow Global
17. 20/12/12 Received from Arrow (in same envelope as MBNA letter) - Notice of Assignment, your account is being managed by Wescot - please contact them to arrange payment. (Filed - await Wescot contact)
    

UPDATE

30/01/13 Received from Wescot - To avoid further action you must a) Pay the debt in full or b) contact us


Obviously I'm not going to choose option A so I guess I'll be writing to them - this was checked by Niddy and deemed but should I send: Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Also, rather annoyingly, they seem to have got hold of my unlisted home phone number which has only ever been given out to 3 family members - so far I've only received one recorded message on there but I'm curious as to how they would've got the number as if they've got it, no doubt others will follow

[Enforcer]

Re: DNW's UE Diary

Can't wait to see what they sent.

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,200
Date last paid           - Mar-11 (full) Aug-11 (token)   
Arrangement/not paying   - Not paying
Status                   - In Arrears  (DN rec'd 03/09)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 18/04/11 Acknowledge receipt of I&E, refuse to reduce or stop charges
2. 27/04/11 Request for payment
3. 13/05/11 Reduced credit limit
4. 01/06/11 Reminder of overdue payment and informed it will be passed to Mercers to send default notice.
5. 30/06/11 Mercers - accept £1 payments, to be reviewed in 2 months. No interest or charges to be applied while making token payments.
6. 24/07/11 I wrote and requested refund interest & charges (sent to Barclays & Mercers)
7. 17/08/11 CCA request sent
8. 03/09/11 DN Received from Mercers
9. 05/09/11 Acknowledged CCA request - they're looking for it and will get back to me
10. 13/09/11 Letter rec'd from Mercers - 48 hours notice (letter dated 06/09/11), I have ignored their demands for payment so they are now passing my account to a local firm who may send a rep to visit me (ignored)
11. 29/09/11 Covering letter for Recon CCA enclosed - but no encs in envelope
12. 29/09/11 Letter received - Calders - 7 day notice (ignored)
    
13. 17/10/11 Current T&C received
14. 19/10/11 Letter sent to Calders - Harassment & Threat of Doorstep-Visit
15. 04/11/11 Letter received - Formal Demand for Payment (full balance) - until paid, no statements will be sent. If not paid by 08/11/11, debt collectors may call or you may be taken to court. We will set off any funds available to us.
    
16. 09/11/11 - Sent Final Response - Unenforceability (No CCA Received)[/COLOR]
17. 15/11/11 - Received from Barclays - They feel they have fulfilled their obligations and complied with my s.78 request..... Re section 61, they point to paragraph 230 Carey vs HSBC, and say "It's insufficient.. to point to the absence of a signed, or a proper s78 copy as a foundation for a plea of an improperly executed agreement... They believe my credit agreement to be fully compliant and will oppose allegations that it isn't..... With regards to the OFT, they do not hold my account to be in dispute..... Attached was a copy of my CCA
18. 28/11/11 Niddy says
    
19. 06/12/11 - Received a letter from Barclaycard notifying me this has now been assigned to MKDP LLP (ignored - waiting to hear from MKDP)
    
    
20. 09/03/12 - Received from MK Rapid Recoveries - "Further to our recent communication (no comms received prior to this from MK RR) we have not received your offer of payment... We want to help and are able to offer installments to clear the balance... We will continue to contact you to resolve this."
    
21. 12/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
    
22. 19/03/12 - Received from MK Rapid Recoveries - Thanks for writing, at this time we are unable to resolve your query and we'll liaise with OC and re contact you in due course.(filed)
    
23. 22/03/12 - Received from MK Rapid Recoveries - As you've not taken up our offer of help, as a legal requirement we must inform you we're instructing our pre-litigation team to review your account.... They may commence litigation... It's not too late to resolve this.
    
24. 30/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
    
25. 14/04/12 - Received from MKRR - We've requested a copy of the documents from BC and this will be forwarded to you in due course. (filed)
    
26. 04/05/12 - Received from MKRR - Further to your letter, please find copy statement as requested. Please contact us to discuss repayment. Enclosed were copies of all statements on this account dating back to its inception in 2006. (filed)
    
27. 09/11/12 - Received from MKDP - They are liasing with BC to try and resolve my query and reasure me that they take great care to ensure that such matters are dealt with in a professional manner...(filed)
    

UPDATE

Hello all

28/01/13 - Received from MKDP - Recon CCA and another very interesting document which I'm sure was sent in error...

I've posted the CCA and the other document in the secure area and will await Niddy's comments :niddy

[Deepie]

Re: DNW's UE Diary

Afternoon everyone I hope you've all had a lovely free Christmas

UPDATE

20/12/12 Received from MBNA - We've sold your account to Arrow Global
20/12/12 Received from Arrow (in same envelope as MBNA letter) - Notice of Assignment, your account is being managed by Wescot - please contact them to arrange payment.

Should I send the sold in dispute template or wait until Wescot contact me?

If it were me I would wait until Wescot contact you then send sold in dispute letter......

[DNW]

Re: DNW's UE Diary

MBNA

Name                     - MBNA
Type of account          - Credit Card
Date commenced           - Dec 2006
Approx balance           - £8,700
Date last paid           - Mar-11    
Arrangement/not paying   - Token Payment
Status                   - In Arrears 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 27/04/11 Missed payment reminder
2. 29/04/11 Card cancelled
3. 11/05/11 Notice of arrears
4. 31/05/11 Payment reminder
5. 16/06/11 Card cancelled
6. 30/06/11 Accepted I&E shortfall, will write again with a repayment plan
7. 13/07/11 Notice of arrears
8. 24/07/11 My letter - request interest freeze and no change in circumstances.
9. 15/07/11 (crossed with my letter) Accept £1, zero interest & charges
10. 17/08/11 CCA Request sent
11. 03/09/11 CCA received and sent to Niddy
12. 03/09/11
13. 06/09/11 Received - DN
    
14. 16/11/11 Received - Account Terminated letter - Various recovery options they may consider: Sale of debt, Placement of debt, Litigation... I will be informed of any further action
    
15. 10/07/12 - Token payments cancelled to see what action they take
    

Afternoon everyone I hope you've all had a lovely free Christmas

UPDATE

20/12/12 Received from MBNA - We've sold your account to Arrow Global
20/12/12 Received from Arrow (in same envelope as MBNA letter) - Notice of Assignment, your account is being managed by Wescot - please contact them to arrange payment.

Should I send the sold in dispute template or wait until Wescot contact me?

[DNW]

Re: DNW's UE Diary

Barclaycard2

Name                     - Barclaycard Gold Master
Type of account          - Credit Card
Date commenced           - Feb 2006
Approx balance           - £2000
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd) 
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 15/04/20 Acknowledge and refuse payment, refuse to stop interest
2. 13/05/11 Credit limit reduced
3. 15/05/11 Late payment letter received
4. 24/06/11 Late payment letter received
5. 07/07/11 Mercers - Default notice
6. 17/07/11 Mercers - instructing local collector
7. 24/07/11 My letter - no doorstep visits, no phone calls
8. 26/07/11 Letter from Power2Contact acting OBO Mercers
9. 01/08/11 Doorstep visit from P2C - unanswered
10. 17/08/11 CCA Request sent
11. 05/09/11 Acknowledge CCA request
12. 12/10/11 Recon CCA received - awaiting Niddys return
    
13. 13/10/11 Barclaycard T&C rec'd
14. 15/10/11 Letter from Mercers (dated 03/10) - 48 hour notice before passing to local rep (ignored)
15. 15/10/11 Letter from Calders (dated 10/10) - 7 day notice before passing to local rep
    
16. 19/10/11'Don't Visit' me template to Calders in reply Templates - Harassment
17. 28/10/11 Niddy says
18. 07/12/11 Letter from Barclaycard - Formal demand for payment
19. 19/12/11 - Received letter from Barclaycard - your account has now been passed to RMA to manage (ignored)
20. 23/12/11 - Received from RMA - We are now dealing with your account (ignored)
21. 04/01/12 - Received postcard from RMA saying they would contact on 'Wednesday between 0800 and 2000' (ignored)
22. 11/01/12 - Received letter from RMA offering settlement opportunity(ignored)
23. 20/01/12 - Received letter from RMA - "We cannot help you if you don't call us and won't speak to us... We can't hold the settlement offer open any longer... Please call us before 9pm tonight" (letter took 10 days to arrive anyway!)
24. 21/01/12 - Received letter from RMA - "Matter still unresolved... Unless suitable repayment terms agreed, we may proceed to complete a pre-litigation report." They ask us to call or email them
25. 23/01/12 - Sent in response: Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
26. 31/01/12 - Received letter from RMA - Notice of potential doorstep recovery.. we intend to forward your account to Scotcall Ltd (ignored as it was dated 24/01/12 and crossed with my letter of 31/01/12)
27. 31/03/12 - Received letter from Barclaycard - We've now passed your account to Apex to manage. (Filed awaiting further contact)
28. 04/04/12 - Received from Apex - ....unable to contact you and this is potentially your last opportunity to arrange payment before further action considered.
29. 04/04/12 - Sent to Apex - Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status
30. 22/09/12 - Received from Barclaycard - Notice of Assignment to MKDP LLP (Filed awaiting contact from MKDP)
31. 16/10/12 - Received from MK Rapid Recoveries - We've bought your debt, please send us a payment.
32. 19/10/12 - Sent to MKRR - Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
33. 24/10/12 - Received from MKRR - Final Notice... we are instructing pre-litigation dept and they may commence proceedings against you.(Filed as I think it had crossed with my letter of 19/10/12)
    
    

UPDATE

[*]14/12/12 - Received from MKRR - They're liasing with my original creditor to fulfil my request for documents


I will file this and await further contact.

[DNW]

Re: DNW's UE Diary

Thanks, I'm happy that it's delayed things again for a little while