Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

Hi everyone, I am still having problems with Westcot regarding this

Pookies UE Diary - allaboutFORUMS

I first got a letter (dated 8th Feb) from Nelson Guest & Partners solicitors basically saying that while Westcot are still willing to consider realistic options for repayment, the matter cannot remain outstanding any longer and if no arrangement made within 10 days further recovery action will be taken. The font, colour and set up of the Nelson etc letter is identical to Mortimer Clark.. are they one and the same?

I then got a letter dated 19th Feb from Westcot saying .. as we know of no genuine reason why you have failed to repay the outstanding balance, instructions will now be provided to Credit Security, a doorstep collection agency, to make an appointment with you to visit your home address. The purpose of this visit is to agree with you how you will repay the debt.

You have a final opportunity to avoid referral to Credit Security, by telephoning us urgently to agree a suitable method of repayment of the outstanding balance.

So..to recap..

1. CCA request sent to RBS.. CCA came back and was deemed unenforceable, I did not contact RBS regarding this. They have now passed the debt to Westcot for them to chase.

2. I sent Westcot a letter saying account is formally in dispute with RBS for failing to comply with my CCA request.

3. Get final notice from Westcot

4. Get letter from Nelson Guest Solicitors asking me to contact them as they can offer me a reduced settlement

5. Wescot write back and ask me to send a CCA request and £1 postal order.

6. Further letter received from Nelson Guest Solicitors demanding payment

7. Doorstep threat letter received from Westcot

And in between all this i have at least two phone calls a day from them.

So.. what now? Should I send them a letter saying ive already received the CCA and its unenforceable.. and send the telephone harrassment letter and doorstep threat letter to boot?

Cheers, Pooks

[pooksthebear]

Re: Pookies UE Diary

Hi, can anyone give me any advice on the above post please?

Thanks Pooks

[ScabHunter]

Re: Pookies UE Diary

I would send this -

Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)

along with this -

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

Don't worry about these idiots - they are useless. The fact that they are wasting time with these silly inconsequential threats and making puerile discount offers means that they won't be attempting litigation any time soon.

SH

[pooksthebear]

Re: Pookies UE Diary

I would send this -

Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)

along with this -

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

Don't worry about these idiots - they are useless. The fact that they are wasting time with these silly inconsequential threats and making puerile discount offers means that they won't be attempting litigation any time soon.

SH

Thanks SB, will send them tomorrow! Sick to death of them contacting me now.

Do you know if they have any connection to Mortimer Clarke Solicitors? Or is it just coincidental that the headed paper of their solicitors - Nelson Guest - is identical to that of Mortimer Clark?

Thanks again, Pooks

[pooksthebear]

Re: Pookies UE Diary

Hi.. Niddy if you are about could you have a peek at this for me please. This CCA is enforceable. I was having problems trying to find out who the debt came from and I thought it was BOS. CL finance became the creditor at some point. It was then assigned (very recently) to Lowell.

I sent Lowell a CCA request and they have written back to say they have requested it from GE Money. So.. are GE money the original creditor and/or does their involvement change anything as regards the enforceability?

Here is the post where this was discussed ages ago

allaboutFORUMS - View Single Post - Pookies UE Diary

allaboutFORUMS - View Single Post - Pookies UE Diary

Thanks, Pooks

[pooksthebear]

Re: Pookies UE Diary

I would send this -

Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)

along with this -

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

Don't worry about these idiots - they are useless. The fact that they are wasting time with these silly inconsequential threats and making puerile discount offers means that they won't be attempting litigation any time soon.

SH

Hi everyone,

Right well I sent the above to Westcot and the idiots have now sent me yet another letter as follows:

Following your recent request for a copy of the signed agreement, our client has requested you write to the following address and state in your covering lettr that this a section 77/78 request and enclose a £1 postal order.

Im getting seriously fecked off now with this tooing and froing... I thought the above letter that I sent was self explanatory.... What now.. any thoughts how I can shut these idiots up?

Kind Regards, Pooks

[ScabHunter]

Re: Pookies UE Diary

Im getting seriously fecked off now with this tooing and froing

That is exactly the opposite attitude to the one which is needed to win this game. The objective is to achieve a period of six years with no payment or written acknowledgment of the alleged debt, so time wasting is positive and helps you achieve this.

What now.. any thoughts how I can shut these idiots up?

Kind Regards, Pooks

As that idiotic excuse for a response doesn't contain any threat, or anything else of the remotest consequence, why bother wasting your time or money crafting any retort?

Let them waste their own time. They are idiots. Don't waste yours. You are not.

SH

[pooksthebear]

Re: Pookies UE Diary

That is exactly the opposite attitude to the one which is needed to win this game. The objective is to achieve a period of six years with no payment or written acknowledgment of the alleged debt, so time wasting is positive and helps you achieve this.



As that idiotic excuse for a response doesn't contain any threat, or anything else of the remotest consequence, why bother wasting your time or money crafting any retort?

Let them waste their own time. They are idiots. Don't waste yours. You are not.

SH

Yep your right of course SH!! The CCA is rubbish and unenforceable anyway so I will let them get on with it. Ive been down this road a few weeks back, the next letter to come will be another doorstep threat letter.. which I will just ignore

Cheers, Pooks

[pezman65]

Re: Pookies UE Diary

Yep your right of course SH!! The CCA is rubbish and unenforceable anyway so I will let them get on with it. Ive been down this road a few weeks back, the next letter to come will be another doorstep threat letter.. which I will just ignore

Cheers, Pooks

Hi Pooks, dont let them get to you, thats what they rely on. "keep calm and carry on" and play your own game not theirs. The advise I have been given on here has worked very well, template the ones that need a reply and ignore the ones that dont. The guys and galls on here know the difference. Trust them and dont get upset by the DCA letters, most are proberbly computor generated anyway. All the best Pezman

[pooksthebear]

Re: Pookies UE Diary

YORKSHIRE BANK LOAN

Start date unclear.. 2006?
Status - Default put on credit file August 08, says Marlin on credit file but not sure if thats who put it on.
Balance - £1309.34
Last paid October 2011 through dmp which is now ceased.

Debt sold, unsure how many times. Now being collected by DEBT MANAGERS on behalf of MARLIN.

3 weeks ago sent full and final without predudice, ex gratia offer , pro -ratered with all other creditors a portion of the £9k my mum offered me. Sent standard template letter but removed any acknowledgment of the debt. I also asked them for a breakdown of payments received over last 12 months.

Few days ago got letter refusing offer with a counter offer of about 20% off and a statement of payments. Lots of payments missing.

27.10.11 - CCA Letter sent first class recorded.
02.11.11 - Reply from Debt Managers - We have requested a copy of your signed agreement and will revert to you once this has been received.
12.11.11 - had their 12+2 days now and still no agreement.
20.12.11 - Received letter from Debt Managers saying they have closed my file and passed it back to Marlin.
05.03.12 - Statement of account received from Marlin dated 06.02.12.
19.05.12 Received letter from Marlin - notice of change of agent, they have appointed Mortimer Clarke Solicitors to take over recovery activity from them.
30.05.12 - Received letter and income and expenditure form from Mortimer Clarke solicitors asking for it to be completed and returned to them within the next 7 days.
09.06.12 - Recieved another letter from MC (dated 07.06.12) requesting I contact them within 14 days with payment plan.
12.06.12 - Account sold in dispute letter sent to Mortimer Clarke recorded delivery.
12.01.13 - Received letter from Mortimer Clark asking for payment and attached was a CCA from Yorkshire Bank (well its only taken a year to find it). Uploaded for Niddy's expert eye.
05.02.13 - letter sent, recorded delivery, to MCL offering to resume my previously agreed £5 per month payment and also requesting full and final at £500.

Really worried about this one now. Received letter from Mortimer Clark this morning saying that Marlin have instructed them to start court proceedings against me and that they believe they will be able to get a successful judgement against me because i have failed to reach a reasonable repayment plan with them. I have not even received a reply to my last recorded letter of 5th Feb offering a repayment. They say if i fill in the income and expenditure form and agree to an amount then i can avoid court... please can someone help?? Niddy? Dont know what to do now, if i offer another amount can they just ignore this too and then go for judgment. I bet they never even forwarded my offer to Marlin.. really worried ..

Pooks

[ScabHunter]

Re: Pookies UE Diary

12.01.13 - Received letter from Mortimer Clark asking for payment and attached was a CCA from Yorkshire Bank (well its only taken a year to find it). Uploaded for Niddy's expert eye.

What was the outcome of this?

SH

[pooksthebear]

Re: Pookies UE Diary

What was the outcome of this?

SH

Hiya, it was enforceable so I sent them a letter (recorded) on the 5th Feb offering £5 a month payment or full and final of £500. I did not get a reply and have now received a letter saying Marlin have instructed Mortimer Clark to issue court proceedings against me.. but i can avoid this if i fill in the I&E form or ring them to make an arrangement.

Ta, Pooks

[Pixie]

Re: Pookies UE Diary

I think I would send them a one-liner referring them to your letter of 5th of Feb....don't phone them and you don't need to fill in their I&E form either.

If they take you to court they may only get £5 a month (or less) anyway. I think they often use these letters as scare tactics to see if what you offer is really all you can afford or if you're taking the p!ss.

[ScabHunter]

Re: Pookies UE Diary

The first thing you need to do is quantify both your own objectives and the risk involved.

If, for example, you were unemployed and had no assets, you could even try to blag it at this stage. The chances are that they would not chance court, and even if they got judgment you might be able to get a DRO and wipe everything out. A home owner with a job, in the same situation, would be taking an insane risk.

What about the default? Was there any PPI added? If there are other possibilities for challenging their position, then there may still be a way of making one last attempt to fight this off. Only you would know.

If you decide that the only alternative is to pay, and you seem to have decided this based on the last letter, then you can still challenge their obstructiveness in refusing to listen to reasonable proposals. Plainly, they are acting unreasonably by ignoring your offer to settle, and threatening court instead. This will violate the pre-action protocols, and could easily count against them in court.

If I was in this situation, and had decided that there was no alternative but to pay, I would now be making formal complaints to both the DCA and the solicitor about their obstructiveness, and their refusal to even consider reasonable offers to settle. The complaint to the DCA could be escalated to the Financial Ombudsman Service, for which the DCA would be charged a mediation fee. As this would amount to a significant percentage of the alleged balance, they would presumably want to avoid this.

In any case, it would allow you to demonstrate to a court that you had been entirely reasonable in attempting to resolve the situation, while they had deliberately prevented you from doing so.

SH

[pooksthebear]

Re: Pookies UE Diary

I think I would send them a one-liner referring them to your letter of 5th of Feb....don't phone them and you don't need to fill in their I&E form either.

If they take you to court they may only get £5 a month (or less) anyway. I think they often use these letters as scare tactics to see if what you offer is really all you can afford or if you're taking the p!ss.

Thanks Pixie, right I will do a one liner and send them a copy of the letter, recorded delivery again and I will also send it to Marlin.

If they ignored it again and took me to court would I get a judgement against me or would the court go in my favour seeing as I am trying to reach an agreement and I am just being ignored?

cheers, Pooks