Pookies UE Diary

[Pixie]

Re: Pookies UE Diary

Your letter should still have fit through the letter box thingy. I'm sure I've sent ones thicker than that!

Not sure how you should respond (not feeling A1 today). I'll ask ScabHunter to see what he says.

[pooksthebear]

Re: Pookies UE Diary

What size envelope did you use?

I've never been charged anything other than £1.45 (or £1 9s of proper British currency), and I've always used envelopes where the letter is folded to become a third of its original size.

SH

I used the normal ones... like a bank statement would come in. But the letter went onto two pages and then I also enclosed a copy of the letter of offer I sent and a copy of the threatening letter that MCL sent me so maybe it was too thick.

On that note.. I have received replies.

Got a reply from Marlin dated 28th March, this arrived on Saturday. It thanks me for my letter and states they are investigating and will respond to the issues raised asap.

I also got a letter today from MCL, dated 27th March and I can only say.. they are LIARS. The letter states this:

Thank you for your letter. We confirm that our client does wish to resolve this matter with you without the need for court proceedings. We did receive your letter of 5th Feb and responded to that letter. We attach a copy of a letter we sent you on 14th Feb. We did not receive a response so we sent the attached letter dated 5th March asking you to respond. We did not hear from you and so letter before claim was sent to you.

You will note from the attached letters that our client has indicated it would accpt £912.38 in full and final settlement.. blhablah. If you cant pay then return the attached statement of means so we can determine whether £5.79 is a reasonable monthly payment for you to make.

They have given me 14 days to reply.

They have attached a letter dated 14th Feb saying my offer of £500 not acceptable but will accept £912.38 provided i pay it within 14 days. I NEVER received this letter and in any case they knew full well from my letter that i needed a month to get the money. The other letter attached is dated 5th March saying they havnt received a reply and asking me to fill in an Income and Ex form. I NEVER received that letter either.

MCL are LIARS LIARS LIARS. They have NOT sent me the two letters they say they have!!!

So.. they have given me 14 days to send back the income and expenditure form so THEY can decide what i can afford. Arrrghhh..... what now?

Cheers.. Pooks

[ScabHunter]

Re: Pookies UE Diary

They wouldnt fit through the letter box thingy so they charged me for a small packet I think. Just checked £1.89 each they charged.

Pooks

What size envelope did you use?

I've never been charged anything other than £1.45 (or £1 9s of proper British currency), and I've always used envelopes where the letter is folded to become a third of its original size.

SH

[pooksthebear]

Re: Pookies UE Diary

Recorded (Signed For) Second Class stamps
Delivery aim 3 days

Up to £46
Proof of Delivery

£1.45

They wouldnt fit through the letter box thingy so they charged me for a small packet I think. Just checked £1.89 each they charged.

Pooks

[pooksthebear]

Re: Pookies UE Diary

Five quid?

It shouldn't have been as much as that. Did you use standard second class recorded, or something else?

SH

First class recorded, was just under £2 each.. so not quite a fiver haha

Pooks

[Deepie]

Re: Pookies UE Diary

Recorded (Signed For) Second Class stamps
Delivery aim 3 days

Up to £46
Proof of Delivery

£1.45

[ScabHunter]

Re: Pookies UE Diary

Yeah.. five quid to send two letters to two adjacent desks!

Five quid?

It shouldn't have been as much as that. Did you use standard second class recorded, or something else?

SH

[pooksthebear]

Re: Pookies UE Diary

Just different desks.

Rent boys Pooky thats who they are. In house thugs.

Yeah.. five quid to send two letters to two adjacent desks!

[ken100464]

Re: Pookies UE Diary

Just different desks.

Rent boys Pooky thats who they are. In house thugs.

[pooksthebear]

Re: Pookies UE Diary

I would honestly try to put all of this out of your mind until you get a response. Yes, they are ruthless scum, but those letters were specifically designed to reverse the polarity, in that you, and not them, were calling the tune. You were pulling them up on their failure to comply with the law, you were threatening the solicitors with costs on the indemnity basis, and the DCA with an FOS mediation fee, if they did not start behaving properly.

For now, they are on the back foot trying to avoid potential losses. Let them worry about it, and just wait until they get back to you.

SH

Oh forgot to mention, both Marlin and MCL have the exact same address!

Pooks

[pooksthebear]

Re: Pookies UE Diary

I would honestly try to put all of this out of your mind until you get a response. Yes, they are ruthless scum, but those letters were specifically designed to reverse the polarity, in that you, and not them, were calling the tune. You were pulling them up on their failure to comply with the law, you were threatening the solicitors with costs on the indemnity basis, and the DCA with an FOS mediation fee, if they did not start behaving properly.

For now, they are on the back foot trying to avoid potential losses. Let them worry about it, and just wait until they get back to you.

SH

Thank you, will do

[ScabHunter]

Re: Pookies UE Diary

Silly question guys but.. if MCL are not happy with the £5 a month offer are they likely to come back with an amount they have in mind? Suppose what im trying to ask is.. will they allow for negotiations to get to an agreed monthly payment (bearing in mind the letter I have sent them) before they serve any court papers? I know I shouldnt be worrying about this right now but I know how ruthless MCL are!

Thanks, Pooks

I would honestly try to put all of this out of your mind until you get a response. Yes, they are ruthless scum, but those letters were specifically designed to reverse the polarity, in that you, and not them, were calling the tune. You were pulling them up on their failure to comply with the law, you were threatening the solicitors with costs on the indemnity basis, and the DCA with an FOS mediation fee, if they did not start behaving properly.

For now, they are on the back foot trying to avoid potential losses. Let them worry about it, and just wait until they get back to you.

SH

[pooksthebear]

Re: Pookies UE Diary

Silly question guys but.. if MCL are not happy with the £5 a month offer are they likely to come back with an amount they have in mind? Suppose what im trying to ask is.. will they allow for negotiations to get to an agreed monthly payment (bearing in mind the letter I have sent them) before they serve any court papers? I know I shouldnt be worrying about this right now but I know how ruthless MCL are!

Thanks, Pooks

[pooksthebear]

Re: Pookies UE Diary

Hi, letters have been sent!! Massive thanks to ScabHunter for sorting those letters out. Shall wait and see what happens next.

Thanks, Pooks

[pooksthebear]

Re: Pookies UE Diary

Here are the two letters I would send. The first is to the solicitor, the second to the DCA.

You will need to fill in the dates. Make sure that the letters are headed "Formal Complaint".

LETTER ONE

FORMAL COMPLAINT

Dear Sirs,

I am in receipt of your letter dated xxth March 2013, the contents of which are noted. Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. You will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre Action Protocol.

I refer you also to my letter of 5th February 2013, sent to your client Marlin Financial Services, the contents of which have been entirely ignored. You will note that in that letter, I made two proposals as to how this situation could be resolved. I proposed that I could either pay a lump sum of £500 in full and final settlement of the alleged debt, or that I could set payment at a level of £5 a month. As previously stated, I am able to raise the sum of £500, albeit not instantly, should you wish to conclude this matter swiftly. Alternatively, I am able to make payments of no more than £5 on a monthly basis.

I have therefore done everything within my power to try to bring this matter to a satisfactory conclusion, without the unnecessary involvement of the legal system. By refusing to acknowledge these proposals, you are not only in breach of the Pre Action Protocol, you are also abusing the legal system by using it is a threat tool instead of for its intended purpose, which is the resolution of disputes which cannot be settled any other way.

Accordingly, and in accordance with the CPR Pre Action Protocol Practice Direction, I look forward to your reply to these proposals. Note that any further obstructiveness and refusal to consider, or reply to, reasonable proposals to settle this matter without the need for litigation will result in a formal complaint being forwarded to the Solicitors Regulation Authority.

Yours Faithfully,

LETTER TWO

FORMAL COMPLAINT

Dear Sirs ,

I am in receipt of a letter sent to me on your behalf from Mortimer Clarke solicitors. This letter, dated xxth March 2013, is being treated as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. You will note that this letter fails spectacularly to comply with either of the aforesaid Annexes.

Since Mortimer Clarke is a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against Mortimer Clarke and yourselves on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre Action Protocol.

I refer you also to my previous letter of 5th February 2013, the contents of which have been entirely ignored. You will note that in that letter, I made two proposals as to how this situation could be resolved. I proposed that I could either pay a lump sum of £500 in full and final settlement of the alleged debt, or that I could set payment at a level of £5 a month. As previously stated, I am able to raise the sum of £500, albeit not instantly, should you wish to conclude this matter swiftly. Alternatively, I am able to make payments of no more than £5 on a monthly basis.

I have therefore done everything within my power to try to bring this matter to a satisfactory conclusion, without the unnecessary involvement of the legal system. By refusing to acknowledge these proposals, your legal representatives are not only in breach of the Pre Action Protocol, they are also abusing the legal system by using it is a threat tool instead of for its intended purpose, which is the resolution of disputes which cannot be settled any other way.

I now expect my proposals to be given due consideration, as is required by the Civil Procedure Rules, and the Office of Fair Trading Debt Collection Guidance. Your continued refusal to deal with this matter appropriately will result not only in the aforementioned application to the Court requesting the matter stayed, should this point in proceedings be reached, but also in this formal complaint being escalated to the Financial Ombudsman Service at the appropriate time.

Accordingly, I look forward to your response to these proposals.

Yours Faithfully,


SH

Scab Bunter you are a genius!! Thank you, I will send these by recorded delivery on Monday morning. Hopefully they will then respond with either an acceptance of one of my offers or a counter offer and not with any court papers!

Cheers, Pooks