Oct Revolution's UE Diary

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 5

Barclaycard Visa (Mercers/Calders)


Activity:
06/10/10 - CCA Request sent to Mercers
22/10/10 - letter rec'd from Barclaycard - "acknowledge my CCA request and will respond asap".
18/02/11 - letter rec'd from Barclaycard VISA:“As you have not complied with recent Default Notice, the outstanding balance is due in full and we demand payment immediately…balance will accrue interest….if we do not receive payment in 7 days a Debt Collector may call upon you for repayment or we may proceed with legal proceedings". I still have not received my CCA for this account.

19/02/11 - CCA received from Barclaycard Visa; It just looks like old and new T&C’s.
22/02/11 - Nid says send CCA Query "T&C's supplied" template.
22/02/11 - Above letter sent
02/03/11 - Letter from Barclaycard VISA in response to last letter sent. Briefly says: "That the agreement is enforceable; quotes the Judge Waksman QC in Carey v HSBC case; what they do and don't have to supply; not in dispute with regards OFT guidelines; believe agreement to be enforceable; will continue to pursue debt; please consider this to be our final response". NID says ignore.

26/03/11 - Letter rec’d from Calder Financial offering: “A Settlement opportunity …. Our client has agreed to accept settlement offer in payment of outstanding debt…." I will ignore for now.

30/03/11 - Letter rec’d from Calder’s: “IMPORTANT NOTICE: …we are still dealing with your account….is still overdue….we have instructed local debt collector to visit you at home to arrange payment….”. NID says send Harassment & Threat of Doorstep-Visit Template. Letter sent.

28/04/11 - Letter rec'd from Calder Financial: "PRE LEGAL NOTICE - we have not received any reply or payment. If you fail to contact us we may take one or more of the following actions: Visit your home to obtain payment; Try to obtain a charge on property; Court order to deduct debt from wages; Seizure and sale of personal belongings" NID says send Threat o Gram before action. Letter sent.

07/05/11: - letter from Barclaycard Visa ref my last letter to Calders on 30/03/11: “can not uphold my complaint….do not agree doorstep visit will breach any laws or regulations….Calder will use all available means to contact you…." NID says ignore.

09/05/11 - Letter from Barclaycard Visa (again) in response to my letter to Calders on 28/04/11: “….see from our records we have sent Final Response….we have right to instruct 3rd party to act for us and will continue to contact you by phone, letter or personal visit….docs we have supplied are in accordance with CCA….do not consider to be in dispute….allegations it is not will be opposed….your agreement is enforceable….”. NID says send "Enough is Enough" template. Letter sent.

13/05/11 - Letter from Calder: “Final opportunity to Settle Your Debt….our client has agreed by way of concession to accept settlement offer….contact us….if you fail to call within 7 days offer will be withdrawn….acc returned to Barclaycard….could be sold or placed with another DCA….”. NID says ignore.

21/07/11 - Letter rec'd from Barclaycard: "....acc has now been assigned and transferred to MKDP LLP who have appointed MKRR as their servicing agents....all contact/payments should be directed to MKRR....". Will ignore for now.

24/08/11 - Letter received from MKRR: “…writing in regard to outstanding balance, with objective of finding resolution of debt….ignoring letter will make situation worse….we can offer payment arrangements….if you ignore we are left with no option but to continue collections activity….” in 2 deep says send "Account sold whilst in dispute". Letter sent

06/09/11 - Letter rec’d from MKRR in response to my “Acc sold whilst in dispute” letter:“….at this time unable to resolve your concern….we will need to liaise with Barclaycard and will contact you as soon as we receive response….we are unable to return acc to Barclaycard as the acc was assigned and transferred to us which means we are the effective owners….”. I will ignore and see what happens next.

05/11/12 - Letter rec'd from MKDP; "...we write further to our letter of acknowledgement and apologise we are still unable to resolve your query...we are still liasing with Barclaycard and will contact you soon as we receive a response...".Wow they are taking their time - last I heard from them was 14 months ago (06/09/11) - I can only assume they are unable to locate my CCA. I will file and wait to see what happens next.


22/03/12 - Letter rec'd from MKDP: "...please accept this as a Final Response...you advise account is in dispute as Barclaycard have not provided CCA...we raised concerns with B/card who say request was complied with in September 2012...we no longer regard account in dispute and will continue with collection activity...please contact us...". Not sure where they get the response from Barclaycard in September 2012 as the last I heard from B/card was 21/07/11 and last letter from MKDP was 05/11/12 saying they are unable to resolve my query. I2D says to send "Final Response - UE General". - Letter sent 25/03/13

Hi Niddy/I2D,

I have a small update to the above account:

UPDATE: 27/03/13:

I think MKDP are losing the plot from the letter they sent on 22/03/13 to which I replied with "Final response UE general" which has obviously crossed with the one I received today which states:

"...we apologise as we are still unable to resolve your query...we are liaising with Barclaycard and will contact you if we receive a response..."

So from them stating only 5 days ago "Barclaycard had complied with request in Sept 2012 (which they didn't) and account was no longer in dispute and collection activity will commence" to today saying "unable to resolve query and are liaising with Barclaycard.

It's nice to know they don't know what they are doing as it makes it so much easier from this side of things.

I will file and see what they send back in response to my "Final response UE" letter of 25/03/13.

......I can hear that clock ticking .........

[Oct Revolution]

Re: October Revolution's UE Diary

I Would send this if it were me-----> Final Response - UE (General)

Thanks I2D,

I will get letter sorted this weekend - ready for posting on Monday

[Deepie]

Re: October Revolution's UE Diary

Hi Niddy/I2D,

I have an update to the above account:

UPDATE: 22/03/12:

Letter rec'd from MKDP: "...we write with regard to previous correspondence...please accept this as a Final Response...you advise account is in dispute as Barclaycard have not provided CCA...we raised concerns with B/card who say request was complied with in September 2012...we no longer regard account in dispute and will continue with collection activity...please contact us..."

Not sure what I need to do here. Not sure where they get the response from Barclaycard in September 2012 as the last I heard from B/card was 21/07/11 and last letter from MKDP was 05/11/12 saying they are unable to resolve my query and are contacting client and prior to that 06/09/11.

Do I need to do anything or ignore - are they trying to get some money in as the end of the tax year approaches.

Your guidance/advice is greatly appreciated....

many thanks

I Would send this if it were me-----> Final Response - UE (General)

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 5

Barclaycard Visa (Mercers/Calders)

Activity:
06/10/10 - CCA Request sent to Mercers
22/10/10 - letter rec'd from Barclaycard - "acknowledge my CCA request and will respond asap".
18/02/11 - letter rec'd from Barclaycard VISA:“As you have not complied with recent Default Notice, the outstanding balance is due in full and we demand payment immediately…balance will accrue interest….if we do not receive payment in 7 days a Debt Collector may call upon you for repayment or we may proceed with legal proceedings". I still have not received my CCA for this account.

19/02/11 - CCA received from Barclaycard Visa; It just looks like old and new T&C’s.
22/02/11 - Nid says send CCA Query "T&C's supplied" template.
22/02/11 - Above letter sent
02/03/11 - Letter from Barclaycard VISA in response to last letter sent. Briefly says: "That the agreement is enforceable; quotes the Judge Waksman QC in Carey v HSBC case; what they do and don't have to supply; not in dispute with regards OFT guidelines; believe agreement to be enforceable; will continue to pursue debt; please consider this to be our final response". NID says ignore.

26/03/11 - Letter rec’d from Calder Financial offering: “A Settlement opportunity …. Our client has agreed to accept settlement offer in payment of outstanding debt…." I will ignore for now.

30/03/11 - Letter rec’d from Calder’s: “IMPORTANT NOTICE: …we are still dealing with your account….is still overdue….we have instructed local debt collector to visit you at home to arrange payment….”. NID says send Harassment & Threat of Doorstep-Visit Template. Letter sent.

28/04/11 - Letter rec'd from Calder Financial: "PRE LEGAL NOTICE - we have not received any reply or payment. If you fail to contact us we may take one or more of the following actions: Visit your home to obtain payment; Try to obtain a charge on property; Court order to deduct debt from wages; Seizure and sale of personal belongings" NID says send Threat o Gram before action. Letter sent.

07/05/11: - letter from Barclaycard Visa ref my last letter to Calders on 30/03/11: “can not uphold my complaint….do not agree doorstep visit will breach any laws or regulations….Calder will use all available means to contact you…." NID says ignore.

09/05/11 - Letter from Barclaycard Visa (again) in response to my letter to Calders on 28/04/11: “….see from our records we have sent Final Response….we have right to instruct 3rd party to act for us and will continue to contact you by phone, letter or personal visit….docs we have supplied are in accordance with CCA….do not consider to be in dispute….allegations it is not will be opposed….your agreement is enforceable….”. NID says send "Enough is Enough" template. Letter sent.

13/05/11 - Letter from Calder: “Final opportunity to Settle Your Debt….our client has agreed by way of concession to accept settlement offer….contact us….if you fail to call within 7 days offer will be withdrawn….acc returned to Barclaycard….could be sold or placed with another DCA….”. NID says ignore.

21/07/11 - Letter rec'd from Barclaycard: "....acc has now been assigned and transferred to MKDP LLP who have appointed MKRR as their servicing agents....all contact/payments should be directed to MKRR....". Will ignore for now.

24/08/11 - Letter received from MKRR: “…writing in regard to outstanding balance, with objective of finding resolution of debt….ignoring letter will make situation worse….we can offer payment arrangements….if you ignore we are left with no option but to continue collections activity….” in 2 deep says send "Account sold whilst in dispute". Letter sent

06/09/11 - Letter rec’d from MKRR in response to my “Acc sold whilst in dispute” letter:“….at this time unable to resolve your concern….we will need to liaise with Barclaycard and will contact you as soon as we receive response….we are unable to return acc to Barclaycard as the acc was assigned and transferred to us which means we are the effective owners….”. I will ignore and see what happens next.

05/11/12 - Letter rec'd from MKDP; "...we write further to our letter of acknowledgement and apologise we are still unable to resolve your query...we are still liasing with Barclaycard and will contact you soon as we receive a response...".W ow they are taking their time - last I heard from them was 14 months ago (06/09/11) - I can only assume they are unable to locate my CCA. I will file and wait to see what happens next.

Hi Niddy/I2D,

I have an update to the above account:

UPDATE: 22/03/12:

Letter rec'd from MKDP: "...we write with regard to previous correspondence...please accept this as a Final Response...you advise account is in dispute as Barclaycard have not provided CCA...we raised concerns with B/card who say request was complied with in September 2012...we no longer regard account in dispute and will continue with collection activity...please contact us..."

Not sure what I need to do here. Not sure where they get the response from Barclaycard in September 2012 as the last I heard from B/card was 21/07/11 and last letter from MKDP was 05/11/12 saying they are unable to resolve my query and are contacting client and prior to that 06/09/11.

Do I need to do anything or ignore - are they trying to get some money in as the end of the tax year approaches.

Your guidance/advice is greatly appreciated....

many thanks

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 1

First Direct (Metropolitan Collection Services)

Activity:
6/10/10 - CCA Request sent
22/10/10 - letter rec'd from MCS "not in a position to respond to my request; once we are will respond with relevant documetation."

10/12/11 - After almost 15 months of no contact I've finally heard from Metropolitan Collection services: "....we enclose a copy of your executed agreement inc. terms and conditions....consequently we now require your offer of payment....". All they have provided is a one page application form and nothing else. The copy is a really bad one too. NID says copy is illegible so as it stands it's UE. Ignore and see what happens next.

19/01/12 - Letter rec'd from METROPOLITAN: "....agreement to hold this acc has now expired and you have failed to contact us....we now require payment....you must telephone us to avoid possibility of legal action....we now require your offer of payment....failure to contact us in 7 days will result in continued recovery action...." I2D says send CCA Query - Application Form Received - Letter sent.

08/03/12 - Same letter as above rec'd from METROPOLITAN - will ignore.

24/03/12 - Letter rec’d from Metropolitan: “…disappointed not been able to come to agreement…call us immediately to discuss proposals…may agree discount…repayment or settlement proposal…contact us today…”. I will IGNORE

17/04/12 - letter rec'd from Metropolitan: "...you have failed to make payment as requested...no alternative but to take further action...may involve doorstep collection...legal proceeding...CCJ...bailiff visiting...attachment of earnings...further legal fees added to debt...contact us to arrange payment...". Advised to send "Creditor refusal to accept UE" letter.

01/05/12 - Letter rec'd from Metropolitan: "...in response to last letter...CCA is enforceable....burden lies with borrower to demonstrate to the court that the Bank has failed...any further costs will be met by you...we require your payment proposals in next 14 days...". I will IGNORE and see what they send next.

08/05/12 - Letter rec'd from Metropolitan: "...we are referring your acc to DG Solicitors who will contact you direct...they have been selected to help/understand your circumstances...where possible agree an affordable re-payment plan...". Will wait to see what DG Solicitors send next.

12/05/12 - Letter received from D G Solicitors: "...We act for HSBC...despite demand payment has not been made...we may be instructed to take legal action...obtain CCJ...to avoid pay within 14 days or make arrangements for re-payment...please contact us...". Niddy says send "Threat of litigation" - Letter sent.

02/0612 - Letter rec'd from DG Solicitors: "...IMPORTANT YOU RESPOND TO THIS COMMUNICATION...please call us within 24 hours...if you DO NOT it may NOT be possible to avoid legal action...". I will ignore and see what they do next.

11/06/12 - Letter rec'd from DG Solicitors: "......despite a number of attempts to contact you...disappointed we have not rec'd payment proposals...our client is willing to agree reasonable repayment proposals...please call to discuss...". Niddy says send a cover letter saying "see attached" and send a copy of the last letter, ie the threat of litigation from earlier in may (12th?)- letter sent

21/06/12 - Letter rec'd from DG Solicitors: "...despite previous demands you have failed to pay this debt...unless immediate payment is made we have been asked by our client to instruct DCA to recover...it is possible there may be another solution...our client is willing to offer a discount of 20% to the amount outstanding and accept this sum as F&F as long as paid in 10 days...if you can pay this discounted sum contact us to arrange payment..." NID says send "CCA query - Creditor refusal to accept UE" - letter sent.

02/07/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to our CENTRAL DEBT RECOVERY UNIT...they will contact you to arrange payment...". I will file and see what I get next from them.

04/07/12 - Letter rec'd from Central Debt Recovery Unit (as promised above!): "...debt referred to us for immediate collection...we specialise in debs where normal methods of recovery have proved ineffective...to bring this matter to a conclusion pay the full amount in next 7 days...if you cannot pay you must telephone us...". I2D says to send "Account sold whilst in dispute" - letter sent.

18/07/12 - Letter rec'd from Central Debt Recovery Unit: "...WE WILL BE REVIEWING YOUR ACCOUNT FOR FURTHER ACTION...if you wish to prevent this call us...". I will ignore and see what they send next as they have not responded to my last letter.


28/07/12 - Letter rec'd from Central Debt Recovery Unit: "...we understand you are experiencing financial difficulties...our client is prepared to offer 30% discount as FFS...upon receipt in 14 days of payment we will mark file with CRA as satisfied...if unable to accept this offer we are prepared to accept £50 per month...please contact us...". I will file and see what they send/do next.


24/08/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to Wescot Credit Services who will contact you in next 14 days....". I will file and await their letter

31/08/12 - Letter from Wescot (as expected): "...been instructed by our client to collect outstanding balance...to avoid further action you should pay the debt in full OR contact us...". I2D says to send "account sold whilst in dispute" template letter - letter sent.

12/09/12 - Letter rec'd from Wescot: "...FINAL NOTICE...our latest enquiries are that you are resident at this address...as no reply to our previous letters we now require full payment in 10 days...failure to do further collection activities will be taken...may result in legal action being taken against you...or refer debt to doorstep collector...contact us immediately...". I2D says send "Threat o gram before action letter"

20/09/12 - Letter rec'd from Westcot: "...acknowledge you have a query on account...we will investigate and get back to you...may take several weeks...all collection activities will stop whilst being investigated...". I will file and see what they come back with next.

15/10/12 - Letter rec'd from Wescot: "...we have contacted our client who say have sent you many responses to this query as you have had advised not received any...we believe dispute is now resolved...full balance or agreed monthly insalment is now required...please contact us...". I will ignore and see what happens next.

08/11/12 - Letter rec'd from Westcot: "....DOOR STEP COLLECTION NOTICE....we know of no genuine reason not to repay this debt....instructions will now be provided to our agent to visit your home to agree payment plan....you have a final opportunity to avoid this by contacting us IMMEDIATELY to arrange repayment....". I2D says to send "Doorstep Visit" template - letter sent.


06/12/12 - Letter rec'd from Metropolitan: "...your account is being referred to Buchanan Clark & Wells who will contact you within 14 days...they have specialist teams and a range of plans specially designed to meet your needs...". I will file for now and await contact from them.

08/12/12 - Letter rec'd from Buchanan Clark and Wells (as expected but quicker than I thought !): "...our clients have informed us they see no legitimate reason for non-payment...we have been granted access to your financial information held with CRA and will be monitoring this along with data from other sources to assess your ability to solve this matter...imperative you contact us...we are able to offer support...please do not ignore this matter...". "account sold whilst in dispute" letter sent

19/12/12 - Letter rec'd from Buchanan Clark & wells: "...we regret to note balance is still outstanding...please contact us...we will be able to offer you support, advice and be sympathetic to your circumstances...all we ask is you contact us...please do not ignore this matter, we are ready to help...". Their letter is dated 12th December so I'm assuming it's crossed with my "acc sold whilst in dispute letter". I will file and await their reply.

20/12/12 - Letter rec'd from BCW in response to my "acc sold whilst in dispute" letter: "...we have undertaken substantive investigation and refute your claim...we act in good faith...at no time were we advised account was in dispute by our client...your comments are noted but would not consider our actions to be as you describe nor contrary to legislation you quote....we have requested a copy CCA from our client and will cease collection until you receive...upon receipt of CCA if you wish to further dispute account please furnish us with details and documentation...otherwise contact us to discuss payment options...". I will sit tight and await for the said copy CCA to arrive and then take it from there for the next course of action.

05/02/13 - Duplicate statement of account rec'd - out of the blue - and not sure who it is from. Just a 2 page computer print out of "historic statement" detailing when the account was closed and passed to a DCA and showing zero balance. Envelope is handwritten and no covering letter or compliment slip enclosed. I will just file and see what happens next.

21/02/13 - Received call from Buchanan Clark & wells - which I answered !! - I don't normally answer the phone to numbers I do not recognise but this one came up as a local call with local dialing code!! so I answered. Caught off guard. They didn't seem well versed they kept putting me on hold. The upshot of it all was that they asked when I could make payment and I said I'm waiting for CCA as per their letter of 20/12/12 -said they will have to get back in touch with their client and put the phone down on me..................! Anyway will wait and see what they send or do next.

25/02/13 - Letter rec'd from BCW: "...we are here to help...make us an offer...once payment plan is in operation we will not phone or write to you for a minimum of 6 months...please contact us...". I will file for the time being and see what happens next.

27/02/13 - Getting 3-4 calls a day now from BCW - but not answering. Will send them the "Telephone Harassment" template and see what comes of it.

05/03/13 - "Telephone Harassment" letter delivered yesterday and also received a call from them - Referred them to their letter of 20/12/12 and asked why on the one hand they are saying collection activity will cease but on the other hand they are harassing me. I advised them to stop harassing me with 4-5 calls a day and asked for my number to be removed from their system and that I would only communicate in writing.

Hi I2D, Niddy and others

A small update to above account:

UPDATE: 08/03/13:

Letter rec'd from BCW: "...we write with regard to recent communication...confirm your concerns have been noted on our system and are being investigated...I can confirm a "cease all action" instruction placed on account..."

Well they said something along those lines in December but still kept ringing me - although no calls since Monday

I will file and see what they do next.

many thanks

[Oct Revolution]

Re: October Revolution's UE Diary

Seem to be getting 3-4 calls a day now from BCW - but not answering.

Think I will send them the "Telephone Harassment" template and see what comes of it.

I'm also toying with the idea of answering the call and referring them back to their letter of 20/12/12 where they state they "will contact their client for a copy CCA and until I receive one all collection activity will cease".

Hi ScabHunter,

I am keeping a record of all calls - the good old fashioned way - pen and paper as I do not have a "Truecall" device.

I will get the "harassment" template off tomorrow and wait for it to be delivered and if they call again after that I will answer and refer them to their letter.

many thanks

Hi all,

just a small update:

"Telephone Harassment" letter delivered yesterday and also received a call from them.

Referred them to their letter of 20/12/12 and asked why on the one hand they are saying collection activity will cease but on the other hand they are harassing me. I said I'm sure the regulatory bodies would take a dim view of this or were they continuing to call as it's difficult to provide evidence for telephone calls !!!

They were a little unsure of what to say. I advised them to stop harassing me with 4-5 calls a day and asked for my number to be removed from their system and that I would only communicate in writing.

They said that this would be done and a "note" left on screen for others to see.

So, coupled with the letter and above phone call, a result so far as I've received no calls from yesterday afternoon onwards and none today either.

I know we should try not to talk to them (which I don't normally) but on this occasion I felt it was needed.

Lets see what occurs next ..................

[Oct Revolution]

Re: October Revolution's UE Diary

If they have said -



then make sure that you are keeping a log of these nuisance calls. If you've got any way of storing evidence, which you probably haven't unless you've got a truecall or they are calling a cell phone, then do that. Any evidence of dishonest behaviour and harassment can be useful in the future.

SH

Hi ScabHunter,

Just re-checked their letter which states: "...I have requested a copy agreement, statement of account and deed of assignment from our client....a cessation of collection activity will remain in place to allow you to receive these documents"

As I said in a previous post I did receive a copy statement (if it can be called that!) - and that was on 05/02/13 - but that was all.

I am keeping a record of all calls - the good old fashioned way - pen and paper as I do not have a "Truecall" device.

I will get the "harassment" template off tomorrow and wait for it to be delivered and if they call again after that I will answer and refer them to their letter.

many thanks

[ScabHunter]

Re: October Revolution's UE Diary

If they have said -

until I receive one all collection activity will cease

then make sure that you are keeping a log of these nuisance calls. If you've got any way of storing evidence, which you probably haven't unless you've got a truecall or they are calling a cell phone, then do that. Any evidence of dishonest behaviour and harassment can be useful in the future.

SH

[Oct Revolution]

Re: October Revolution's UE Diary

Received a telephone call today from Buchanan Clark & wells - which I answered !! - I don't normally answer the phone to numbers I do not recognise but this one came up as a local call with local dialing code!! so I answered.

I was caught off guard and went through security to see what they wanted. They didn't seem well versed with the account as they kept putting me on hold.

The upshot of it all was that they asked when I could make payment and I said I'm waiting for CCA as per their letter of 20/12/12 - I was put on hold again - then asked if I'd rec'd statement recently, to which I said no (although I had on 05/02/13) - they then said they will have to get back in touch with their client and put the phone down on me..................!


Anyway will wait and see what they send or do next - although now the number they rang from is flagged on my phone as "don't answer".

Seem to be getting 3-4 calls a day now from BCW - but not answering.

Think I will send them the "Telephone Harassment" template and see what comes of it.

I'm also toying with the idea of answering the call and referring them back to their letter of 20/12/12 where they state they "will contact their client for a copy CCA and until I receive one all collection activity will cease".

As I've not received a copy CCA from them (other than one from First Direct) I may see what they do.

[Oct Revolution]

Re: October Revolution's UE Diary

nice one, keep us updated

Thanks Niddy - will do.

All very quiet at the moment, which I expect is due to the fact it's now almost 2 1/2 years since I started my UE journey...........tempting fate now though..

many thanks

[Never-In-Doubt]

Re: October Revolution's UE Diary

nice one, keep us updated

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 1

First Direct (Metropolitan Collection Services)

Activity:
6/10/10 - CCA Request sent
22/10/10 - letter rec'd from MCS "not in a position to respond to my request; once we are will respond with relevant documetation."

10/12/11 - After almost 15 months of no contact I've finally heard from Metropolitan Collection services: "....we enclose a copy of your executed agreement inc. terms and conditions....consequently we now require your offer of payment....". All they have provided is a one page application form and nothing else. The copy is a really bad one too. NID says copy is illegible so as it stands it's UE. Ignore and see what happens next.

19/01/12 - Letter rec'd from METROPOLITAN: "....agreement to hold this acc has now expired and you have failed to contact us....we now require payment....you must telephone us to avoid possibility of legal action....we now require your offer of payment....failure to contact us in 7 days will result in continued recovery action...." I2D says send CCA Query - Application Form Received - Letter sent.

08/03/12 - Same letter as above rec'd from METROPOLITAN - will ignore.

24/03/12 - Letter rec’d from Metropolitan: “…disappointed not been able to come to agreement…call us immediately to discuss proposals…may agree discount…repayment or settlement proposal…contact us today…”. I will IGNORE

17/04/12 - letter rec'd from Metropolitan: "...you have failed to make payment as requested...no alternative but to take further action...may involve doorstep collection...legal proceeding...CCJ...bailiff visiting...attachment of earnings...further legal fees added to debt...contact us to arrange payment...". Advised to send "Creditor refusal to accept UE" letter.

01/05/12 - Letter rec'd from Metropolitan: "...in response to last letter...CCA is enforceable....burden lies with borrower to demonstrate to the court that the Bank has failed...any further costs will be met by you...we require your payment proposals in next 14 days...". I will IGNORE and see what they send next.

08/05/12 - Letter rec'd from Metropolitan: "...we are referring your acc to DG Solicitors who will contact you direct...they have been selected to help/understand your circumstances...where possible agree an affordable re-payment plan...". Will wait to see what DG Solicitors send next.

12/05/12 - Letter received from D G Solicitors: "...We act for HSBC...despite demand payment has not been made...we may be instructed to take legal action...obtain CCJ...to avoid pay within 14 days or make arrangements for re-payment...please contact us...". Niddy says send "Threat of litigation" - Letter sent.

02/0612 - Letter rec'd from DG Solicitors: "...IMPORTANT YOU RESPOND TO THIS COMMUNICATION...please call us within 24 hours...if you DO NOT it may NOT be possible to avoid legal action...". I will ignore and see what they do next.

11/06/12 - Letter rec'd from DG Solicitors: "......despite a number of attempts to contact you...disappointed we have not rec'd payment proposals...our client is willing to agree reasonable repayment proposals...please call to discuss...". Niddy says send a cover letter saying "see attached" and send a copy of the last letter, ie the threat of litigation from earlier in may (12th?)- letter sent

21/06/12 - Letter rec'd from DG Solicitors: "...despite previous demands you have failed to pay this debt...unless immediate payment is made we have been asked by our client to instruct DCA to recover...it is possible there may be another solution...our client is willing to offer a discount of 20% to the amount outstanding and accept this sum as F&F as long as paid in 10 days...if you can pay this discounted sum contact us to arrange payment..." NID says send "CCA query - Creditor refusal to accept UE" - letter sent.

02/07/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to our CENTRAL DEBT RECOVERY UNIT...they will contact you to arrange payment...". I will file and see what I get next from them.

04/07/12 - Letter rec'd from Central Debt Recovery Unit (as promised above!): "...debt referred to us for immediate collection...we specialise in debs where normal methods of recovery have proved ineffective...to bring this matter to a conclusion pay the full amount in next 7 days...if you cannot pay you must telephone us...". I2D says to send "Account sold whilst in dispute" - letter sent.

18/07/12 - Letter rec'd from Central Debt Recovery Unit: "...WE WILL BE REVIEWING YOUR ACCOUNT FOR FURTHER ACTION...if you wish to prevent this call us...". I will ignore and see what they send next as they have not responded to my last letter.


28/07/12 - Letter rec'd from Central Debt Recovery Unit: "...we understand you are experiencing financial difficulties...our client is prepared to offer 30% discount as FFS...upon receipt in 14 days of payment we will mark file with CRA as satisfied...if unable to accept this offer we are prepared to accept £50 per month...please contact us...". I will file and see what they send/do next.


24/08/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to Wescot Credit Services who will contact you in next 14 days....". I will file and await their letter

31/08/12 - Letter from Wescot (as expected): "...been instructed by our client to collect outstanding balance...to avoid further action you should pay the debt in full OR contact us...". I2D says to send "account sold whilst in dispute" template letter - letter sent.

12/09/12 - Letter rec'd from Wescot: "...FINAL NOTICE...our latest enquiries are that you are resident at this address...as no reply to our previous letters we now require full payment in 10 days...failure to do further collection activities will be taken...may result in legal action being taken against you...or refer debt to doorstep collector...contact us immediately...". I2D says send "Threat o gram before action letter"

20/09/12 - Letter rec'd from Westcot: "...acknowledge you have a query on account...we will investigate and get back to you...may take several weeks...all collection activities will stop whilst being investigated...". I will file and see what they come back with next.

15/10/12 - Letter rec'd from Wescot: "...we have contacted our client who say have sent you many responses to this query as you have had advised not received any...we believe dispute is now resolved...full balance or agreed monthly insalment is now required...please contact us...". I will ignore and see what happens next.

08/11/12 - Letter rec'd from Westcot: "....DOOR STEP COLLECTION NOTICE....we know of no genuine reason not to repay this debt....instructions will now be provided to our agent to visit your home to agree payment plan....you have a final opportunity to avoid this by contacting us IMMEDIATELY to arrange repayment....". I2D says to send "Doorstep Visit" template - letter sent.


06/12/12 - Letter rec'd from Metropolitan: "...your account is being referred to Buchanan Clark & Wells who will contact you within 14 days...they have specialist teams and a range of plans specially designed to meet your needs...". I will file for now and await contact from them.

08/12/12 - Letter rec'd from Buchanan Clark and Wells (as expected but quicker than I thought !): "...our clients have informed us they see no legitimate reason for non-payment...we have been granted access to your financial information held with CRA and will be monitoring this along with data from other sources to assess your ability to solve this matter...imperative you contact us...we are able to offer support...please do not ignore this matter...". "account sold whilst in dispute" letter sent

19/12/12 - Letter rec'd from Buchanan Clark & wells: "...we regret to note balance is still outstanding...please contact us...we will be able to offer you support, advice and be sympathetic to your circumstances...all we ask is you contact us...please do not ignore this matter, we are ready to help...". Their letter is dated 12th December so I'm assuming it's crossed with my "acc sold whilst in dispute letter". I will file and await their reply.

20/12/12 - Letter rec'd from BCW in response to my "acc sold whilst in dispute" letter: "...we have undertaken substantive investigation and refute your claim...we act in good faith...at no time were we advised account was in dispute by our client...your comments are noted but would not consider our actions to be as you describe nor contrary to legislation you quote....we have requested a copy CCA from our client and will cease collection until you receive...upon receipt of CCA if you wish to further dispute account please furnish us with details and documentation...otherwise contact us to discuss payment options...". I will sit tight and await for the said copy CCA to arrive and then take it from there for the next course of action.

05/02/13 - Duplicate statement of account rec'd - out of the blue - and not sure who it is from. Just a 2 page computer print out of "historic statement" detailing when the account was closed and passed to a DCA and showing zero balance. Envelope is handwritten and no covering letter or compliment slip enclosed. I will just file and see what happens next.

Hi Niddy/I2D,

I have a small update to the above account:

UPDATE: 25/02/13:

Letter rec'd from BCW: "...we are here to help...make us an offer...once payment plan is in operation we will not phone or write to you for a minimum of 6 months...please contact us..."

I will file for the time being and see what happens next - unless you think I should be sending something back in return?

many thanks,

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 1

First Direct (Metropolitan Collection Services)

Activity:
6/10/10 - CCA Request sent
22/10/10 - letter rec'd from MCS "not in a position to respond to my request; once we are will respond with relevant documetation."

10/12/11 - After almost 15 months of no contact I've finally heard from Metropolitan Collection services: "....we enclose a copy of your executed agreement inc. terms and conditions....consequently we now require your offer of payment....". All they have provided is a one page application form and nothing else. The copy is a really bad one too. NID says copy is illegible so as it stands it's UE. Ignore and see what happens next.

19/01/12 - Letter rec'd from METROPOLITAN: "....agreement to hold this acc has now expired and you have failed to contact us....we now require payment....you must telephone us to avoid possibility of legal action....we now require your offer of payment....failure to contact us in 7 days will result in continued recovery action...." I2D says send CCA Query - Application Form Received - Letter sent.

08/03/12 - Same letter as above rec'd from METROPOLITAN - will ignore.

24/03/12 - Letter rec’d from Metropolitan: “…disappointed not been able to come to agreement…call us immediately to discuss proposals…may agree discount…repayment or settlement proposal…contact us today…”. I will IGNORE

17/04/12 - letter rec'd from Metropolitan: "...you have failed to make payment as requested...no alternative but to take further action...may involve doorstep collection...legal proceeding...CCJ...bailiff visiting...attachment of earnings...further legal fees added to debt...contact us to arrange payment...". Advised to send "Creditor refusal to accept UE" letter.

01/05/12 - Letter rec'd from Metropolitan: "...in response to last letter...CCA is enforceable....burden lies with borrower to demonstrate to the court that the Bank has failed...any further costs will be met by you...we require your payment proposals in next 14 days...". I will IGNORE and see what they send next.

08/05/12 - Letter rec'd from Metropolitan: "...we are referring your acc to DG Solicitors who will contact you direct...they have been selected to help/understand your circumstances...where possible agree an affordable re-payment plan...". Will wait to see what DG Solicitors send next.

12/05/12 - Letter received from D G Solicitors: "...We act for HSBC...despite demand payment has not been made...we may be instructed to take legal action...obtain CCJ...to avoid pay within 14 days or make arrangements for re-payment...please contact us...". Niddy says send "Threat of litigation" - Letter sent.

02/0612 - Letter rec'd from DG Solicitors: "...IMPORTANT YOU RESPOND TO THIS COMMUNICATION...please call us within 24 hours...if you DO NOT it may NOT be possible to avoid legal action...". I will ignore and see what they do next.

11/06/12 - Letter rec'd from DG Solicitors: "......despite a number of attempts to contact you...disappointed we have not rec'd payment proposals...our client is willing to agree reasonable repayment proposals...please call to discuss...". Niddy says send a cover letter saying "see attached" and send a copy of the last letter, ie the threat of litigation from earlier in may (12th?)- letter sent

21/06/12 - Letter rec'd from DG Solicitors: "...despite previous demands you have failed to pay this debt...unless immediate payment is made we have been asked by our client to instruct DCA to recover...it is possible there may be another solution...our client is willing to offer a discount of 20% to the amount outstanding and accept this sum as F&F as long as paid in 10 days...if you can pay this discounted sum contact us to arrange payment..." NID says send "CCA query - Creditor refusal to accept UE" - letter sent.

02/07/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to our CENTRAL DEBT RECOVERY UNIT...they will contact you to arrange payment...". I will file and see what I get next from them.

04/07/12 - Letter rec'd from Central Debt Recovery Unit (as promised above!): "...debt referred to us for immediate collection...we specialise in debs where normal methods of recovery have proved ineffective...to bring this matter to a conclusion pay the full amount in next 7 days...if you cannot pay you must telephone us...". I2D says to send "Account sold whilst in dispute" - letter sent.

18/07/12 - Letter rec'd from Central Debt Recovery Unit: "...WE WILL BE REVIEWING YOUR ACCOUNT FOR FURTHER ACTION...if you wish to prevent this call us...". I will ignore and see what they send next as they have not responded to my last letter.


28/07/12 - Letter rec'd from Central Debt Recovery Unit: "...we understand you are experiencing financial difficulties...our client is prepared to offer 30% discount as FFS...upon receipt in 14 days of payment we will mark file with CRA as satisfied...if unable to accept this offer we are prepared to accept £50 per month...please contact us...". I will file and see what they send/do next.


24/08/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to Wescot Credit Services who will contact you in next 14 days....". I will file and await their letter

31/08/12 - Letter from Wescot (as expected): "...been instructed by our client to collect outstanding balance...to avoid further action you should pay the debt in full OR contact us...". I2D says to send "account sold whilst in dispute" template letter - letter sent.

12/09/12 - Letter rec'd from Wescot: "...FINAL NOTICE...our latest enquiries are that you are resident at this address...as no reply to our previous letters we now require full payment in 10 days...failure to do further collection activities will be taken...may result in legal action being taken against you...or refer debt to doorstep collector...contact us immediately...". I2D says send "Threat o gram before action letter"

20/09/12 - Letter rec'd from Westcot: "...acknowledge you have a query on account...we will investigate and get back to you...may take several weeks...all collection activities will stop whilst being investigated...". I will file and see what they come back with next.

15/10/12 - Letter rec'd from Wescot: "...we have contacted our client who say have sent you many responses to this query as you have had advised not received any...we believe dispute is now resolved...full balance or agreed monthly insalment is now required...please contact us...". I will ignore and see what happens next.

08/11/12 - Letter rec'd from Westcot: "....DOOR STEP COLLECTION NOTICE....we know of no genuine reason not to repay this debt....instructions will now be provided to our agent to visit your home to agree payment plan....you have a final opportunity to avoid this by contacting us IMMEDIATELY to arrange repayment....". I2D says to send "Doorstep Visit" template - letter sent.


06/12/12 - Letter rec'd from Metropolitan: "...your account is being referred to Buchanan Clark & Wells who will contact you within 14 days...they have specialist teams and a range of plans specially designed to meet your needs...". I will file for now and await contact from them.

08/12/12 - Letter rec'd from Buchanan Clark and Wells (as expected but quicker than I thought !): "...our clients have informed us they see no legitimate reason for non-payment...we have been granted access to your financial information held with CRA and will be monitoring this along with data from other sources to assess your ability to solve this matter...imperative you contact us...we are able to offer support...please do not ignore this matter...". "account sold whilst in dispute" letter sent

19/12/12 - Letter rec'd from Buchanan Clark & wells: "...we regret to note balance is still outstanding...please contact us...we will be able to offer you support, advice and be sympathetic to your circumstances...all we ask is you contact us...please do not ignore this matter, we are ready to help...". Their letter is dated 12th December so I'm assuming it's crossed with my "acc sold whilst in dispute letter". I will file and await their reply.

20/12/12 - Letter rec'd from BCW in response to my "acc sold whilst in dispute" letter: "...we have undertaken substantive investigation and refute your claim...we act in good faith...at no time were we advised account was in dispute by our client...your comments are noted but would not consider our actions to be as you describe nor contrary to legislation you quote....we have requested a copy CCA from our client and will cease collection until you receive...upon receipt of CCA if you wish to further dispute account please furnish us with details and documentation...otherwise contact us to discuss payment options...". I will sit tight and await for the said copy CCA to arrive and then take it from there for the next course of action.

05/02/13 - Duplicate statement of account rec'd - out of the blue - and not sure who it is from. Just a 2 page computer print out of "historic statement" detailing when the account was closed and passed to a DCA and showing zero balance. Envelope is handwritten and no covering letter or compliment slip enclosed. I will just file and see what happens next.

Hi Niddy/I2D,

Just a small update to above account and to see if anyone else has had the same experience.

Received a telephone call today from Buchanan Clark & wells - which I answered !! - I don't normally answer the phone to numbers I do not recognise but this one came up as a local call with local dialing code!! so I answered.

I was caught off guard and went through security to see what they wanted. They didn't seem well versed with the account as they kept putting me on hold.

The upshot of it all was that they asked when I could make payment and I said I'm waiting for CCA as per their letter of 20/12/12 - I was put on hold again - then asked if I'd rec'd statement recently, to which I said no (although I had on 05/02/13) - they then said they will have to get back in touch with their client and put the phone down on me..................!

I rang number back out of curiosity but a recording said "number only used for outbound calls".

Just thought this was quite strange. Anyone else had this experience?

Anyway will wait and see what they send or do next - although now the number they rang from is flagged on my phone as "don't answer".

[Oct Revolution]

Re: October Revolution's UE Diary

I'd just file them and see what they send next.....

Yeah, will do I2D.

Many thanks,

[Deepie]

Re: October Revolution's UE Diary

Hi Niddy/I2D,

I have an update to the above account:

UPDATE: 01/02/13:

Letter rec'd from Santander: "...you have contacted us to complain about receiving letters with regards to arrears for the above account...and that the account is in dispute as you have not rec'd a CCA...you also state we are in breach of CC act and harassing you...after looking into the matter I can confirm we issued you with a copy CCA in October 2010 (further copy enclosed)...while we understand your circumstances and you dispute arrears we are keeping in touch with you to inform you of status of account...as you can see from CCA you have clearly signed it and have accepted T&C's...for this reason unable to waive arrears and close account...hope I have explained reasons for decision and that it offers a fair resolution..."

Quite a long letter that goes on and on and on.

Not sure what they mean about my complaint "concerning receiving letters about arrears" as last letter I sent was acc sold whilst in dispute to Wescot on 28/11/12 and last letter to Santander was "T&C's received" letter on 09/11/10 in response to CCA which they supplied.

The copy CCA which they have sent (again) is the same as the one I rec'd on 06/10/10 which Niddy said was T&C's.

Not sure if I need to send anything back as the letter does not request payment; or payment proposals; or say they are passing it onto a DCA (although Moorcroft and Wescot have already had it).

To me it seems like a final response so I'm thinking I should just file and see what they send/do next.

Any thoughts?

Many thanks

Hi Niddy/I2D,

Just a small update to above account (no action necessary - just for diary):

Received a duplicate statement of account today - out of the blue - and not sure who it is from. It's not an official statement (no logos; letterhead) or even a copy statement. It is just a 2 page computer print out of "historic statement" detailing when the account was closed and passed to a DCA and showing zero balance.

As I say not sure who it is from as envelope is handwritten and no covering letter of compliment slip enclosed.

I will just file and see what happens next.

regards

I'd just file them and see what they send next.....