Alland UE Diary

[ScabHunter]

Re: Alland UE Diary

From the Office of Faffing and Twaddling -

The OFT has seen a number of standard letters issued by DCAs which contain inaccuracies and omissions in their description of the debt recovery procedure and the legal process and which fail to mention that steps are required before enforcement action can be taken. For example:

> letters which set out the potential enforcement actions following non payment of a County Court Judgment (e.g. bailiffs seizing goods, employers deducting money from wages) without indicating that a further application to the court is required before enforcement action can be taken (i.e. to obtain a warrant of execution, attachment of earnings, charging order etc); or

> letters referring to bankruptcy and charging orders where it is not clear that a staged process is involved.

Sending such letters, would in the OFT‟s view, potentially be an unfair or oppressive business practice in breach of paragraphs 2.2b, 2.4b and/or 2.6g of the DCG

Although the OFT does not expect to see every stage of the process set out in letters of this type, a correct indication of the stages before enforcement action can be taken should be provided to prevent letters from being misleading, potentially exploiting debtors' lack of knowledge and being perceived by recipients as threatening.

I think it is pretty clear that Crappy Bot's letter is a classic example of what is mentioned here -

" You account has now been escalated to our Pre Litigation Dept. If we don't hear from you, we will make a decision on what the next stage of recovery to pursue, this could be County Court Judgment, Charging order on your property, attachment of earnings order, Order to Obtain Information - you may have to attend court to be questioned under oath by a court officer..

Alternatively we may instruct an External Debt Collection Agency or Legal Agency to call on you"

So Crapbot think that charging orders and attachment of earnings can be the NEXT STAGE of their intended recovery process? They don't feel that they need to actually secure a judgment first?

The OFT are perfectly aware of the drivel which Crapbot spout as they have been made aware of it on many occasions. The fact that they have done absolutely nothing is perfect testimony to their indolence and utter superfluousness.

I also used to receive letters from Crapbot threatening to put charging orders on my property. Mind you, I did own several houses and hotels at the time.

They were little plastic ones in a Monopoly box. Even that has been given to charity now.

SH

[alland]

Re: Alland UE Diary

Update 05-05-12

BS Mint Card (UE)
Balance £7,058
Last Paid June 2010
Defaulted September 2010
Passed around various DCA's

29th November 2010 -Letter from Wescot once again stating that RBS have fully complied with my S78 request, and therefore there is no dispute, so I must contact them to arrange a suitable repayment plan.
This was followed up on the 14th December 2010 with a letter from Nelson Guest & Partners (Wescots pet solicitors) advising me to contact Wescot to discuss a repayment plan as there is “still time” to act to avoid further action taking place.

Various letters from Wescot during 2011, which I responded with- whatever they say, I consider the account to be in dispute until RBS Mint comply with my s78 request with proper documentation.

24 Feb 2012 - Letter from Wescot stating that their client has fully complied with my s78 CCA request, and this is a final response to the dispute. The account will now be returned to collection status.
Ignored

11 March 2012 - Letter from Nelson Guest & Partners Solicitors, Unless payment is made within 7 days, legal proceedings may commence without further notice.
I Reponded with Threat of legal action template

23 March 2012 - Letter from Wescot, Your complaint is being investigated, we will suspend collection activity whils it is being investigated.

27 March 2012 -letter from Wescot, we have been advised by our client that they have complied with your CCA request on 23 July 2010.
We now consider the dispute resolved and unless full balance is received or a monthly plan put in place we will recommence collection activity.
I again responded that I dispute RBS Mint claim that they have fully complied with my CCA request, so will not be entering into a payment plan.

16 April 2012 - Letter from Regal Credit Consultants, "Our client RBS has instructed us tp collect the outstanding amount on this account in full to avoid any further recovery action being taken, we do appreciate you may be experiencing financial hardship, in which case we will be able to dicuss a repayment plan that reflects your circumstances. It is your own interest to contact us to discuss the matter, if we do not hear form you we will be instructing our field collectors (Scotcall) to visit you to discuss this matter in person."
I have responded with "Account in Dispute" template.

So I don't actually know who is mainly chasing this one now, still with Wescot?, or now with Regal?, maybe with both to try and put extra pressure on me.

[alland]

Re: Alland UE Diary

Update 05-05-12

RBS Visa card
Balance £6,560
Last paid May 2010
Defaulted August 2010
Passed around a few DCA's now currently with Wescot (and possibly still with Moorcroft)

19th December 2011 -Letter from Moorcroft, stating that in reply to my recent correspondence regarding my dispute, RBS have advised them that they have fully complied with my S78 request and do not consider the to be any dispute regarding the account. Moorcroft have kindly put the account on hold for 14 days to give me time to contact their call centre to discuss repayment options. Failure to make contact within the specified time will cause collection activity to recommence ! -

23 March 2012 Letter from Moorcroft - We are disappointed to note despite numerous attempts to resolve this matter, you have not made any satisafactory aggreement to pay the outstanding balance. However in one last attempt to possibly avoid court action, we have been advised by our client that we may offer you a discounted settlement offer. Please contact us immediately to discuss the discount.
Ignored

26 March 2012 - Letter from Moorcroft " We write to confirm we require a monthly repayment proposal you can afford and maintain, to enable us to assist you further, please call us immediately". Responded with "account still in dispute" template again.

28 April 2012 - Letter from Wescot "We have been instructed by our client to collect the outstanding balance on the above RBS account.
Contact us immediately to avoid further recovery action".

Well looks like RBS have given up on Moorcroft getting through my wicket, so have put Wescot on the case. I will send off the "Account in Dispute" template and start the whole procedure again.

[swanfan]

Re: Alland UE Diary

Order to Obtain Information - you may have to attend court to be questioned under oath by a court officer..

These DCAs really do come out with some bollocks sometimes!

[Deepie]

Re: Alland UE Diary

Update 05-05-12

As my diary was way down on page 5, I thought I would do a bit of an update to bring it back up again. After working overseas for 5 weeks it was a pleasant surprise to come home to find very few letters from the DCA's.
Just a couple that need addrssing...

Capitol One Card (UE)
Balance £4,202Last Paid April 2010
Defaulted August 2010
Account passed around a couple of DCA's, but now owned by Cabot

9th December 2011- Another letter received from Cabot insisting the Capitol One credit application form and T&C are fully compliant and the account is enforcable, so this matter cannot continue to go on, I must contact one of their helpful customer advisers to discuss the options for repayment of this debt !
3rd April 2012 - Letter from Cabot,insisting once again that they have fully complied with my s77/78 request by providing the correct documentation.
I responded and advised them that an application form that does not encompass all the T&C is not a compliant CCA, so I still consider the account in dispute.
16th April 2012 Letter from Cabot stating "Last chance to agree a suitable repayment plan before we move your account to our Pre Litigation Dept"
2 May 2012 Letter from Cabot - " You account has now been escalated to our Pre Litigation Dept. If we don't hear from you, we will make a decision on what the next stage of recovery to pursue, this could be County Court Judgment, Charging order on your property, attachment of earnings order, Order to Obtain Information - you may have to attend court to be questioned under oath by a court officer..
Alternatively we may instruct an External Debt Collection Agency or Legal Agency to call on you"

Judging by the rapid response by Cabot in replying to my letters, it looks like they are digging their heels in on this one and moving fast through each stage, so not sure what my next move will be yet....

-----> Threat by Creditor - Threat-o-Gram Letter Before Action

[alland]

Re: Alland UE Diary

Update 05-05-12

As my diary was way down on page 5, I thought I would do a bit of an update to bring it back up again. After working overseas for 5 weeks it was a pleasant surprise to come home to find very few letters from the DCA's.
Just a couple that need addrssing...

Capitol One Card (UE)
Balance £4,202Last Paid April 2010
Defaulted August 2010
Account passed around a couple of DCA's, but now owned by Cabot

9th December 2011- Another letter received from Cabot insisting the Capitol One credit application form and T&C are fully compliant and the account is enforcable, so this matter cannot continue to go on, I must contact one of their helpful customer advisers to discuss the options for repayment of this debt !
3rd April 2012 - Letter from Cabot,insisting once again that they have fully complied with my s77/78 request by providing the correct documentation.
I responded and advised them that an application form that does not encompass all the T&C is not a compliant CCA, so I still consider the account in dispute.
16th April 2012 Letter from Cabot stating "Last chance to agree a suitable repayment plan before we move your account to our Pre Litigation Dept"
2 May 2012 Letter from Cabot - " You account has now been escalated to our Pre Litigation Dept. If we don't hear from you, we will make a decision on what the next stage of recovery to pursue, this could be County Court Judgment, Charging order on your property, attachment of earnings order, Order to Obtain Information - you may have to attend court to be questioned under oath by a court officer..
Alternatively we may instruct an External Debt Collection Agency or Legal Agency to call on you"

Judging by the rapid response by Cabot in replying to my letters, it looks like they are digging their heels in on this one and moving fast through each stage, so not sure what my next move will be yet....

[alland]

Re: Alland UE Diary

Thanks FP, just been looking back at my files, and sure enough Nelson Guest the dynamic duo (good name..) also wrote to me about another of my RBS/Wescot accounts last year, On that occasion only one "account in dispute" letter was required to see them off

But a little more worrying this time round, this is the second letter from them in reference to this account!

I have also had Wescot on the scene with a couple of my other creditors, and they have gone off in search of easier targets after only a couple of letters, but they are sure being stubborn with my RBS Mint account for some reason, maybe they are digging their heals in because they are afraid of losing RBS business if they don't get enough results.?

[alland]

Re: Alland UE Diary

I2D, having had a look at the templates, It did cross my mind that it could be good response, at the very least it may force them to think about it a while longer.

[Deepie]

Re: Alland UE Diary


Send them this but don't send until the day before you leave------------> Threat by Creditor - Enough is Enough Response

[alland]

Re: Alland UE Diary

Update 15-03-12

RBS Mint Card (UE)
Balance£7,058
Last Paid June 2010
Defaulted September 2010

Passed around various DCA's currently with Wescot who have had the account since September 2011, and seem to be hanging on to it despite a number of letters back and forth where I insist the account is in default with RBS

10-01-12 another letter from Wescot once again stating that RBS have fully complied with my S78 request, and therefore there is no dispute, so I must contact them to arrange a suitable repayment plan.

This was followed up on the 14th December by a letter from Nelson Guest & Partners (Wescots pet solicitors) advising me to contact Wescot to discuss a repayment plan as there is “still time” to act to avoid further action taking place.

Following the letter from Nelson Guest & Partners, I sent the "Threat of Legal Action" template to them, I did not hear anything further from them.

27-01-2012 - Recieved letter from Wescot which also included a copy of my CCA & a copy of the T&C (both of which I have received before) Once again they insist that having contacted their client RBS, they have fully complied with my CCA request under section 78, as the attached CCA copy proves.
Therefore there is no dispute and I should contact them to make an suitable offer of payment within 14 days.

15-03-12 Another letter received from Nelson Guest & Partners Solicitors. Stating that "Unless Wescot receive payment within 7 days they may be insructed to commence legal action for recovery. In the event of judgment being obtained,we shall seek all fixed costs and fees together with statutory interest on the outstanding balance".

Nelson Guest have already had the threat of Litigation template, not sure how I can respond to this latest threat other than repeat myself.

The problem I have with this is, in a few days I leave the UK for 5 weeks work overseas, I don't really want to come back and find a judgment has been obtained without me having had the chance to respond with a defence.

[Deepie]

Re: Alland UE Diary

Thanks Alland ......sounds familiar at work so rushing around

[alland]

Re: Alland UE Diary

How you doing with your Monument Visa ?

Actually I2D, I had almost forgotten about Monument, so much so I just had to look right back through my folders to remind myself where it's at.

Monument sold it to a DCA outfit called CompUcredit back in late 2010, I sent them the usual "account in dispute" letter re UE CCA, and the next thing I heard was in late Jan 2011, which was a letter from Monument stating that they had complied with my CCA request. (All I actually received was an application type reply card and a set of standard T&C)

And since then I have not heard from Monument or CompUcredit, so I don't actually know who currently owns the debt !
I know Barclaycard took over Monument accounts, but never had any word from them.

As nobody is harassing me, I'll just keep my head down and hope for the best on this one....

[Deepie]

Re: Alland UE Diary

How you doing with your Monument Visa ?

[alland]

Re: Alland UE Diary

enjoy the peace and quiet Alland.........

Thanks I2D, The peace and quiet will be a bit longer than 28 days because I leave for work overseas in mid March for 5 weeks.

Maybe I should write back and tell Apex not to waste their time writing again until at least the end of April ?
.....Nah..

[alland]

Re: Alland UE Diary

Update 25-02-12

Update 02-01-12
Capitol One Card (UE)
Balance £4,202Last Paid April 2010
Defaulted August 2010
Account passed around a couple of DCA's, but now owned by Cabot

9th December - Another letter received from Cabot insisting the Capitol One credit application form and T&C are fully compliant and the account is enforcable, so this matter cannot continue to go on, I must contact one of their helpful customer advisers to discuss the options for repayment of this debt !

Send this mate - and be done with it - simples

---> Final Response - Unenforceability (CCA Received)

25 Feb. another letter received from Cabot -

"According to our records you currently owe £4202.13, even though we have made repeated attempts to obtain your commitment to repay this debt. It is now vital that you contact us urgently to discuss your account. If you don't contact us to agree a suitable repayment plan we will have to move your account to the next stage of our collection process".

Obviously they do not read (or just plainly ignore) all the UE CCA/account in dispute correspondence I have repeatedly sent to them !