New and confused

[samsmum]

Re: New and confused

Never rains but it p*****down here. Hubby's in hospital with a suspected heart attack. Got everything crossed!!

[samsmum]

Re: New and confused

Thanks Niddy. Will get that sorted

[Never-In-Doubt]

Re: New and confused

Update.Should i respond to this please?
Everything's been quiet for 3 whole weeks and no-one's even missed me

Hmmm I would reply, it's an OD and it's £800 - I would possibly send them a simple note saying "this is disputed, please refer to past communication and respond accordingly"

Just something basic like that.....

[samsmum]

Re: New and confused

OVERDRAFT with Nationwide B/S
2008
£800
NOT PAYING
Last interest paid 06/08/2011 now changed bank acc
13/12/2011..Letter received. Pay up or will register a default notice'and instruct KPR to collect and could commence legal action
04/01/2012..Default notice issued on 31/12/2011. Balance £841
24/01/2012..Pre-debt collection notice received. If i dont pay as required by DN they will instruct KPR to recover full balance.Could involve legal action. KPR is the business name of Nationwide
17/02/2012..Letter from KPR. Formal Demand for Payment. Nationwide have passed the account over to recover debt.Committed to being fair and reasonable so contact to make arrangement to pay. Nationwide is considering ccj or decree. Would then enforce the judgement by charging order,attachment of earnings etc.alternatively account may be passed to external debt collectors
02/03/2012..letter from KPR. Offering me the opportunity to pay a significantly reduced one off discounted sum.Benefits .. no CCJ,no legal costs,will improve future credit rating and account will be closed and remaining balance written off. To take advantage ring immediately to discuss what discount is available. Offer only open for 7 days.
16/03 2012...Letter from KPR. I've failed to respond and they cannot allow this to continue. My debt has now become a priority. Must call within 7 days to make an acceptable offer to pay
12/04/2012... Letter from Fredericksons to say account has been passed to them Balance £880
19/04/2012...Letter from Freds. Letter before action. Must pay in 7 days or they will take immediate action.List of court fees etc.
20/04/2012..CCA request sent
25/04/2012..Letter from Bryan Carter solicitors re cca. This is a current account partially excluded by section 74 of CCA1974 from the application of Part v of the act. If you require copy statements or current terms you will need to request these from local branch and a fee will need to be provided. Send proposals for payment
27/04/2012..Letter from Bryan Carters. Must pay within 14 days else they'll recommend issuing proceedings without further notice. List of court costs etc
11/05/2012..Letter from Fred's. Despite a letter from Bryan Carter solicitors i've failed to pay. They are prepared to offer one final opportunity to pay before recommending client instructs solicitors to issue a claim. At this late stage prepared to accept a f&f provided i contact them within 48 hours
06/06/2012..Letter from Bryan Carter solicitors..Final Notice. May be referred for court proceedings. Now reached critical stage and i may wish to obtain independant legal advice

Update.Should i respond to this please?
Everything's been quiet for 3 whole weeks and no-one's even missed me

[jon1965]

Re: New and confused

Thanks CC . For what it's worth i do agree with you , especially as you have confirmed carey for me.
they can huff and they can puff all they want and at 60p a letter good luck to em

[CleverClogs (RIP)]

Re: New and confused

Which bit of law is it that says what is not classed as enforcement, is that carey?

Yes, it's scary Carey, per wacky Waksman; he should have been cauterised in the same way as (allegedly) was Edward II.

The reason I suggested doing nothing was that Moroncrap seem unable to read letters, but another copy of the 'enough is enough' letter may help those oafs to see sense.

Perhaps you should suggest that they arrange for an adult to read the letter to them?

[jon1965]

Re: New and confused

Oh don't be so boring, reply with CC special ..."go boil your head"
Only joking.
BTW did you follow it up with the FOS or were you advised not to?
Which bit of law is it that says what is not classed as enforcement, is that carey?

[samsmum]

Re: New and confused

Is that your final answer? Don't want to phone a friend or ask the audience?
Thanks

[CleverClogs (RIP)]

Re: New and confused

No.

[samsmum]

Re: New and confused

CO-OP LOAN
11/2002
£4900
04/2003
Not paying
arrears
Payments to CO-OP
26/9/11 Termination letter received. Advised to ignore
12/10/11 Account being passed to specialist collections. May default, pass to solicitors etc etc. may negotiate F&f.
13/10/11 CCA request sent
13/10/11 SAR sent
31/10/2011..CCA received Niddy says
03/11/2011..CCA Query Missing prescribed terms
16/11/11..Letter received saying they know i live here and assume i am deliberately avoiding them. Ring to make arrangement or will be passed on for immediate recovery action
16/11/11.. ''SPECIAL OFFER'' letter received offering 50% discount if paid within 10 days
15/12/2011..letter received saying as i'm ignoring them they've made the decision to register the account as in default and pass to a specialist DCA and the Co op will not enter into further discussion regarding the debt
17/12/2011..b/f and closing statement received. interest being added half yearly
18/12/2011.. refusal to accept ue status letter sent
07/01/2012..letter received thanking me for my complaint. Concerns will be investigated by a case handler and outcome sent in writing asap
11/ 01/2012...Letter received from MOORCROFT. Been instructed by Co op. Notice of Intended Litigation
12/01/2012..Threat by creditor..to commence litigation letter sent
20/01/2012..Letter received from Co op stating they have investigated and believe account is enforceable and we are liable, and this is their final response. If we're not happy complain to FOS within six months. Account now with Moorcroft
21/01/2012.. Letter from Moorcroft saying account on hold while they investigate matter with Co op
11/02/2012.. letter from Moorcroft with copy of agreement enclosed. Account on hold for 14 days to allow time to contact them to arrange a repayment plan after which they will commence further action
27/02/2012.. letter from Moorcroft..if i dont contact them following receipt of this letter they may recommend legal action.They go on to tell me a list of court charges
01/03/2012...Letter sent courtesy of Cleverclogs. See post 797
14/03/2012.. letter from Moorcroft saying their clients believe documents sent do meet requirements under setion 78. Go on to explain about Carey v HSBC. Want paying basically
26/03/2012..Letter from Moorcroft. MONTHLY INSTALMENT OFFER. As i haven't contacted them they feel we may not be in a position to clear the account in full.To stop legal proceedings they'll accept £120 per month
27/03/2012..CREDITOR REFUAL TO ACCEPT UE STATUS LETTER SENT
18/04/2012...Letter received from Midas Credit Services. Litigation Warning.Part of the Moorcroft group and aware we've failed to pay.Reviewing account prior to possibly recommending legal action by external solicitors.
18/04/2012.. Enough is enough letter sent
24/04/2012..Letter from Moorcroft. Account on hold while they refer back to Co op
16/05/2012..Letter from Moorcroft.As we have complied with original request the hold on account has now been removed.Need to discuss repayments

UPDATE. Should i respond with anything please?

[samsmum]

Re: New and confused

Thanks Pixie. I'll get that sorted and sent

[Pixie]

Re: New and confused

I'd send Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[samsmum]

Re: New and confused

OVERDRAFT with Nationwide B/S
2008
£800
NOT PAYING
Last interest paid 06/08/2011 now changed bank acc
13/12/2011..Letter received. Pay up or will register a default notice'and instruct KPR to collect and could commence legal action
04/01/2012..Default notice issued on 31/12/2011. Balance £841
24/01/2012..Pre-debt collection notice received. If i dont pay as required by DN they will instruct KPR to recover full balance.Could involve legal action. KPR is the business name of Nationwide
17/02/2012..Letter from KPR. Formal Demand for Payment. Nationwide have passed the account over to recover debt.Committed to being fair and reasonable so contact to make arrangement to pay. Nationwide is considering ccj or decree. Would then enforce the judgement by charging order,attachment of earnings etc.alternatively account may be passed to external debt collectors
02/03/2012..letter from KPR. Offering me the opportunity to pay a significantly reduced one off discounted sum.Benefits .. no CCJ,no legal costs,will improve future credit rating and account will be closed and remaining balance written off. To take advantage ring immediately to discuss what discount is available. Offer only open for 7 days.
16/03 2012...Letter from KPR. I've failed to respond and they cannot allow this to continue. My debt has now become a priority. Must call within 7 days to make an acceptable offer to pay
12/04/2012... Letter from Fredericksons to say account has been passed to them Balance £880
19/04/2012...Letter from Freds. Letter before action. Must pay in 7 days or they will take immediate action.List of court fees etc.
20/04/2012..CCA request sent
25/04/2012..Letter from Bryan Carter solicitors re cca. This is a current account partially excluded by section 74 of CCA1974 from the application of Part v of the act. If you require copy statements or current terms you will need to request these from local branch and a fee will need to be provided. Send proposals for payment
27/04/2012..Letter from Bryan Carters. Must pay within 14 days else they'll recommend issuing proceedings without further notice. List of court costs etc
11/05/2012..Letter from Fred's. Despite a letter from Bryan Carter solicitors i've failed to pay. They are prepared to offer one final opportunity to pay before recommending client instructs solicitors to issue a claim. At this late stage prepared to accept a f&f provided i contact them within 48 hours

Update. Can you advise my next move on this with it being an overdraft please

[diddlydee]

Re: New and confused

Fab news, samsmum.

You are getting good at this

[samsmum]

Re: New and confused

CATALOGUE SIMPLY BE
£1300
04/2011
SENDING TOKEN BUT NOT ACCEPTED
ARREARS
RELIABLE COLLECTIONS

09/09/2011 CCA Request sent
23/09/2011 Letter received. Niddy says
03/10/2011 Letter received re home contact 05/09.Ignore
03/10/2011..harassment and threat of doorstep visit letter sent
14/10/2011..Letter from JD Williams accepting account is unenforceable

28/10/2011...Letter from Reliable threat of court action
28/10/2011.. letter received saying my conduct is not acceptable and will not be tolerated
11/11/2011..threat of court action letter received, must pay in 24 hours
25/11/2011.. Letter saying account is being reassigned.May result in court acvtivity or debt collector calling at my home if i dont pay toward debt in 7 days. DO NOT IGNORE
28/11/2011.. Niddy special sent (see post 389)
10/12/2011..Letter titled Residency Confirmed received. Says they've failed to contact us so have undertaken investigations to trace us and confirmed we still live here. The debt will not go away!! Must make immedite payment
04/01/2012..2nd Niddy special sent (see post 567)
21/01/2012.. Letter from Simply Be saying account is being transferred to legal adviors re ccj,warrant of execution by bailiffs or attachment of earnings.If i dont pay in 7 days a solicitor will call at my home. Failure to respond will result in a default on my credit file. Admin charge for each missed payment reminder. DO NOT IGNORE
11/02/2012..list of dca's that may be acquiring my account,rights title and interest in the next 2 weeks
15/02/2012..Letter from Reliable apologising for comments made and stating all collection activity will cease. Account now closed.Thank you so much to Niddy and everyone.
26/03/2012...Letter from Fredericksons. Been instructed to collect £1731 immediately
27/03/2012..Letter sent informing them account is closed
10/05/2012..Letter from Simply Be. Due to oveersight Fred's were not notified collection activity had ceased.Sincerely apologise..informed Freds...trust this closes matters

UPDATE