New and confused

[samsmum]

Re: New and confused

MBNA C/C
09/09/2000
£1360
04/2003
Not paying
arrears

Debt Clear recoveries(as from yesterday)

09/09/2011 CCA Request sent
02/10/2011 'CCA' recieved. Niddy says
03/10/2011 CCA query,application form received letter sent
23/01/2012..Notice of assignment from Global. Account now managed by Westcott
04/04/2012.. Letter from Fairfax solicitors. Been instructed by Arrow Global to obtain immediate payment. If not paid by April 8th they've been instructed to take further action
13/04/2012... DrydensFairfax solicitors..making us aware of potential serious consequences of not paying ie CCJ
14/04/2012..Threat-o-gram letter before action sent
30/04/2012..Letter from Drydens fairfax. Account placed on temporary hold while they contact clients
03/07/2012.. Letter from Drydens Fairfax...Enclosed is copy of cca confirming liability.We have requested a copy of Notice of Assignment from Mbna to Client (Arrow Global). Account on hold til this is received
03/10/2012..Letter from Drydens Fairfax..Been instructed by Arrow Global to recover debt.If no contact by 11th October been instructed to issue legal proccedings

Update. I sent the threat before action back in April so what's next please. Todays letter reads to me as if they've just been instructed but obviously not

[samsmum]

Re: New and confused

Thank you. Will get that sent off tomorrow

[vint1954]

Re: New and confused

UPDATE. Cn you advise me how to respond to this please

I would send this one next Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation

[samsmum]

Re: New and confused

MBNA C/C
09/09
£490
04/2003
Not Paying
Arrears
Debtclear recoveries(from yesterday)

09/09/2011 CCA Request sent
02/10/2011 'CCA' received. Niddy says
03/10/1011 CCA Request, Application form received letter sent

19/01/2012.. Letter received saying account has been assigned to Arrow Global Guernsey Ltd. I should continue to make payments!!
20/01/2012... notice of assignment from Global. Account now managed by Westcott
24/03/2012..Letter from Moorcroft. They have been instructed by Arrow Global to collect debt. Legal requirement to send notice of intended litigation even if i dont read it. Goes on about a claim may be issued without further notice etc. Happy to accept payment plan i can afford etc
29/03/2012...Threatogram...letter before action sent
02/04/2012...Letter from Moorcroft .Possible Litigation.List of charges etc.Still possible to avoid by setting up affordable repayment plan
07/04/2012..Letter from Moorcroft..Thanks for requesting CCA. Need to pay £1.WHAT?????
20/04/2012.. Letter from Moorcroft. As i've not been in touch they feel i may not be in a position to clear the account in full. In order to stop recommending clients take legal action they are prepared to accept £40 a month. Please contact one of our trained advisors????
08/05/2012..Letter from Moorcroft..Appointment Notice. Despite attempts to arrange a visit to our property (what attempts?)no discussion has yet taken place regarding payment.Contact us to arrange a time to visit(think not). Alternatively we will accept £30 per month. If you cannot afford this make an arrangement you can afford and maintain or else we may recommend further action...
28/09/2012.. letter from Blake Laphorn...Now acting for Arrow Global.Unless we pay in 7 days they are instructed to issue court proceedings without further notice

UPDATE. Cn you advise me how to respond to this please

[Pixie]

Re: New and confused

Oh dear. I hope your Mum's okay...she's more important than Lewis Group.

[samsmum]

Re: New and confused

Thanks. Will get the letters sorted tomorrow. When i've unpacked!!



It was lovely thanks Pixie. Really enjoyed just chilling out. Switched my phone back on at the airport and got a message to say my mum was ill and then came home to that tho. Hey ho.....same poop different day!!

[SaltnVinegar]

Re: New and confused

Update. Came back from a brilliant weeks holiday to find we had a home visit from Lewis Group. How should i respond to this please??

The same way you would had you been at home - which is FO (but maybe a little more polite).

I'd send the doorstep visit template letter.

I'd also remind them that, as you have made a payment offer of £1/month back in April, that sending doorstep collection agents is a breach of OFT guidelines and you consider harassment.

Have a look at my template letter here if you want some more exact wording:

START

Let me make my position on doorstep visits clear:


1) As a ‘customer’ of yours I do not wish to receive or accept your doorstep collection service, nor do I wish to arrange an appointment with one of your representatives.

2) I will discuss this matter in writing ONLY. I will not discuss anything with a field based agent and should any of your representatives visit my property they will be asked to leave and the police will be called immediately.


It is also a breach of OFT guidelines to threaten to visit debtors without prior agreement when an account is in dispute or deadlocked.

For the avoidance of doubt and clarification I refer you to the OFT's definition of a deadlocked account in their debt collection guidelines:

"By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and has offered a repayment programme which has not been agreed by the creditor or debt collector. We are not saying that any offer must be accepted but we have seen cases where offers are disregarded and a debtor is told that 'we are sending field agents'. Many debtors are unlikely to understand this term and are likely to view the visit as a threat designed to make them offer more money when they can pay no more. Some letters appear to be designed to give this impression."

I therefore consider your enclosed letter to be a direct breach of the guidance given by the OFT and any further breaches on your part will be reported to the appropriate regulatory bodies, including but not limited to the OFT, Trading Standards and the FOS.

I also now formally advise you that any such visits will be followed up to the full extent of the law; a Police complaint for any trespass, which, if it occurs, will result in my seeking an Injunctive Relief Order from the courts. This means any visits would be classed as a criminal offence (contempt of court) and would be subject to fines and/or custodial sentencing.

Be advised that I will consider any further correspondence threatening doorstep visits, or an actual visit from one of your field representatives as harrassment and will consider you in breach of the Protection from Harrassment Act 1997 and will start legal proceedings accordingly.

I specifically draw your attention to the relevant parts of the Act namely:

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

In relation to the section (2) identified above I refer you to the recent court case of Harrison v Link Financial [2011] EWHC B3

Although you may claim as per Section 1.3.c of this act "that in the particular circumstances the pursuit of the course of conduct was reasonable" the OFT guidelines quoted above demonstrate that the OFT would consider threatening to visit debtor when an account is in deadlock an unfair business practice, consequently your pursuit of the course of action could not possibly be considered reasonable.

I trust that clarifies my position and that you will desist in making further such threats.

Regards

END

[Pixie]

Re: New and confused

Hope the holiday was just the tonic you need samsmum. I'm soooo jealous!

[vint1954]

Re: New and confused

Send them this one s2m

Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

[samsmum]

Re: New and confused

HSBC LOAN
09/2001
£5600
04/2003
Not paying
Default 08/2004
Payments to Metropolitan
14/10/2011.. Letter fromLewis Group acting for CL finance. Says no payment received sinc 22nd June and to contact them.
14/10/2011..CCA Request sent
09/12/2011..letter received saying they cannot accept my monthly payment offer without I&E evidence. Haven't made an offer
12/12/2011..CCA Reminder-Unenforceability Threat letter sent
30/12/2011..letter saying they acknowledge receipt of CCA request but are agents not creditor(CL Finance).Agreement was terminated prior to court proceedings and entry of a ccj on 5/10/2009 therefore effect of section 78 is no longer applicable and judgement can be enforced if payments not made in accordance with judgement. Send proposals for payment. First we've heard of this and was on a dmp with cccs at the time
02/01/2012...found letter from Northampton court dated 05/06/10 stating this was cancelled as entered erroniously
03/01/2012..sent letter to Lewis group stating i have documentary evidence to prove ccj does not exist
23/02/2012..letter from Lewis group. Sorry to hear of financial difficuties and will accept £1per month til situation improves
09/03/2012..Letter from Lewis group. Further to previous letter in which they accepted a reduced payment???. Payment not received as agreed and is required immediately.
22/03/2012..Letter from Lewis...Despite writing on 2 occasions they've received no payment or proposals for payment.Cannot hold account open unless we contact them or Debt Stop Direct?? Please remember they are there to help!!
10/04/2012...Letter from Howard Cohen solicitors. Says we've already been advised that judgement was obtained against us. Failed to maintain payments under instalment order instructed by court. Pay arrears of £2220 to Lewis IMMEDIATELY or they will instruct the court to either send bailiffs or apply for an attachment of earnings. After payment of arrears next payment of £125 is due by 19th April
11/04/2012..Letter sent to Cohens with evidence ccj was set aside
13/04/2012...Letter from Cohens confirming they misread records and CCJ was set aside and apologising for content of letter. Furthermore the cca request we sent only applies to running-credit accounts. Our account has not been a running-credit account since 2003 therefore s78 does not apply. Debt still needs paying or will seek clients instructions re recovery action.
18/04/2012..Niddy special(post1126)sent
04/05/2012..Letter from Cohens. We have already apologised. However we again confirm the provision under Section 78 of Consumer Credit Act 1974 ''CCA''is quite clear that it refers to running-credit Agreements only.Furthermore, we also respectfully refer to the reported Case Law of:-Basil Rankine v American Express and others in High Court of Justice,Birmingham District Registry 8BM40009-13.The said case confirms the position for Creditors and their s.78 CCA duties in respect of Credit Agreements which have reached their end. We trust this clarifies the position
10/09/1012.....Card through door from The Lewis Group saying their rep called to discuss our account.Need to re-arrange a meeting

Update. Came back from a brilliant weeks holiday to find we had a home visit from Lewis Group. How should i respond to this please??

[samsmum]

Re: New and confused

Hi
Have a great holiday and dont feel guilty Im off on the 8th and am excited like you cant imagine, and I dont feel guilty at all, just hope any threats from dcas arrive no later than the 6th so I can respond to the

Hope you have a great time too. Bring it on!!!

[helmsman]

Re: New and confused

Thanks all. No guilt trips then. Hols start today. Yippeeeeeee

See you in a week. Unless i do a Shirley Valentine. Mind you Greece is in more debt than us so maybe not!!

Hi
Have a great holiday and dont feel guilty Im off on the 8th and am excited like you cant imagine, and I dont feel guilty at all, just hope any threats from dcas arrive no later than the 6th so I can respond to the

[Pixie]

Re: New and confused

I'm a supply teacher so can't go in term time and can't afford to go in school holidays

Of course the last bit's clean...it says "have a great holiday"

I've been learning Greek at night school...but Google translate's good

[samsmum]

Re: New and confused

Makes a massive difference to the price doesn't it?

Will do and not sure what the next bit says. Hope it's clean

[Pixie]

Re: New and confused

You're lucky that you can go outside of school holidays.

Don't forget to bring us some Metaxa back for us to drink in the Bankruptcy Arms

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