New and confused

[CleverClogs (RIP)]

Re: New and confused

Update. Should i respond to this please?

Dear Cur or Madman,

Thank you for your boorish letter which I received today.

I will not telephone your company so that your telephone operatives may harangue and browbeat me. I have already contacted you in writing and am doing so again.

I have already indicated to you that I consider the alleged "executed agreement" to be unenforceable as it omits one or more of the prescribed terms as stipulated by the Consumer Credit (Agreements) Regulations 1983.

I note that you sought to worry or intimidate me by listing various costs you aver will be added to the alleged debt if you win in court.

If.

You may care to note the words of the current OFT Debt Collection Guidelines and the OFT considers such letters to be a potentially unfair or oppressive business practice in breach of paragraphs 2.2b, 2.4b and/or 2.6g of the DCG.

You must surely know that this alleged debt is unenforceable and uncollectable, so why waste your time and mine by pretending otherwise?

Yours Faithfully,

Clever Clogs

-----------------------------------------------------

[Never-In-Doubt]

Re: New and confused

Cheers CC - I like

Send that samsmum - why not?. I'll nab it for templates too me thinks

[samsmum]

Re: New and confused

Thanks for the replies. Will get that sent off. Should be interesting

[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was terminated prior to court proceedings and entry of a ccj on 5/10/2009 therefore effect of section 78 is no longer applicable and judgement can be enforced if payments not made in accordance with judgement.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

Should i respond to this one too please?Haven't mentioned difficulties to them

[CleverClogs (RIP)]

Re: New and confused

Should i respond to this one too please?Haven't mentioned difficulties to them

Aren't they cute?

They seem to have overlooked the little detail that, by falsely claiming a County Court Judgement was handed down against you, the s. 78 request is no longer applicable and threatening to enforce that alleged judgement, they may have committed the serious criminal offence of Fraud by Misrepresentation.

It also blatantly contravenes all and any versions of the OFT Debt Collection Guidelines.

Tell them to send it back to the alleged creditor and ask how much compensation they propose to pay you in respect of their misrepresentation. Suggest £400, as a FOS complaint will cost them £500 even if they won.

[Pixie]

Re: New and confused

I'd be inclined to ignore it as they're in default of your cca request.

Did you send the letter of 3/1/2012 recorded delivery?

CC - I like that letter too - brilliant!

[MrsD]

Re: New and confused

Glad to see you home Sam'sMum, don't worry about the muppets, it is only money

[samsmum]

Re: New and confused

Thanks CC. You're on top form today

Pixie...yes i did. I've sent everything recorded up to now

Dopey..Think i must be still anaesthetised. Not one bit worried! Just keeping on top of the letters as i can't get blummin dressed to leave the house yet

[Pixie]

Re: New and confused

As you sent the letter about the ccj being added in error by recorded delivery, they can't say that they're not aware that it was.

I'm not sure about the route CC proposes as it seems there may have been a ccj on record, albeit erroneously. Having said that, CC is pretty good on this sort of thing!

[samsmum]

Re: New and confused

PAYDAY LOAN
07/2011
£420
DUE ON FRI 09/09/2011
25/09/2011..First Notice letter received
19/10/2011..Second Notice letter received
17/11/201..E mail received. Tells me i'm a valued customer and they want to help. 26 days to pay or they will consider further action. Cant renew my loan until sorted???
12/12/2011..Email received. 2 days to pay else they'll take it as a refusal to pay and pass to third party. I am however still a valued customer!!
20/12/2011..email received offering me 50% discount if paid by 23rd Dec
29/02/2012..Letter from Mackenzie Hall. Instructed to collect. Payment deadline noon 2nd March. Would prefer amicable settlement but will not hesitate to take further action as appropriate

Update

[Pixie]

Re: New and confused

Hi samsmum

I'm not sure about the payday loan. You could continue to ignore them and hope they go away (like I've been doing with a couple of my enforceable debts!)

[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.

Update. Should i, and if so, how do i respond to this please?

[Pixie]

Re: New and confused

If it was me, I'd ignore it.

[CleverClogs (RIP)]

Re: New and confused

29/02/2012..Letter from Mackenzie Hall. Instructed to collect. Payment deadline noon 2nd March. Would prefer amicable settlement but will not hesitate to take further action as appropriate

MacKenzie Hall are all mouth and unwashed tartan trews which are all the dirtier from "going commando".

[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.

Wish they'd put a figure so i know what i'm dealing with. Can't see it being a very good offer this early on but would be nice to get another debt sorted and gone.