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Hi Everyone,
Hope everyone is ok and doing fine.
It's a while since I've posted into my diary but I'm needing some help/advice please and what I need to do next (if anything) or what letter i need to send.
Over the last few years (2018 - 2022) I've received various letter from Hoist Finance/Robinson Way - "Notice of Assignment"..."Pay75% of Outstanding balance" ... "Choose a way to pay" ... "discount available" ...... blah, blah, blah and never replied to any of the letters just IGNORED them all.
But on 9/3/23 I got a letter from Lowell stating that they "had acquired Hoist Finance and therefore my former agreement with HSBC...and the balance due is now legally assigned to Lowell Portfolio...please contact us and let us know your situation...".
This was fine and I was going to IGNORE as previous letters BUT today I received a call from Lowell (caught me off guard) asking what my situation was and my proposals. I advised them that I thought all this was sorted years ago and I would need to check. I also said, I'd not received the above letter, will not discuss over the phone, only in writing and asked them to re-send the above letter.
Not sure what I need to do now - do I just sit and wait it out as previously (ignore), not answer their calls OR send a letter stating it's been to court "struck out" and that the debt is statute barred OR have I set the clock ticking again with the phone call ?
Your help/advice would be greatly appreciated.
SUMMARY OR DIARY BELOW:
Many thanks.
October Revolution
..................
ACCOUNT 1
First Direct (Metropolitan Collection Services)
Account: Credit Card
Commenced: 2003
Balance: 22k
Date of Last full payment: 11/2009
Start of £1 token Payment: 12/2009
Date of Last £1 token payment Oct 2010
Acc Status: Defaulted 2/2010
Acc Owner: DCA (in-house DCA)
Further info/details: Agree to accept £1/month. Last contact July 2010 letter asking for an increase in payment terms. Advised them can only afford to pay £1/month. No interest or fees being added.
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.
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...". I will file and see what they do next.
30/03/13 - Letter rec'd from BCW: "...we have noted your comments...removed your telephone number from our system...do not consider our actions as harassment...can confirm HSBC have instructed us to withdraw from the matter...we have closed our file and returned to HSBC therefore no further contact from ourselves...". I will file this letter for safe keeping.
03/05/13 - Letter rec'd from HSBC: "....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....". Also in same envelope letter from MKDP stating they have bought interest in account and are now legal owner; have appointed MK Rapid Recoveries to manage account.....". I will file for now and await further contact from MKRR.
16/05/13 - Letter rec'd from MKRR: "...further to recent communication we have not received your offer of payment...we want to help you...please call to discuss ways we can help...until we reach agreement we will continue to contact you by phone/letter so we advise you contact us...". "acc sold whilst in dispute" sent plus telephone harassment letter.
31/05/13 - Letter rec'd from MKRR: "...regardless of our attempts by telephone and letter we still have not received your offer of payment...we want to help you...until you contact us we are unable to help and may need to take further action...". As they have not replied to my "acc sold whilst in dispute" letter of 16/05/13 I will ignore and see what they send/do next.
03/06/13 - Letter rec'd from MKRR: "...thank you for your recent communication... unable to resolve your query at present...we will be conducting a review...we will be in contact with you regarding resolution...". I will file and see what they send/do next.
12/07/13 -Letter rec'd from MKDP: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". I will file and see what they send/do next.
15/07/13 -Same letter again - as last - from MKDP: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". I will file and see what they send/do next.
27/09/13 - Same letter again: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". Which I will ignore.
BUT ALSO
27/09/13: Another letter from MKDP dated same: "...accept this letter as final response...understand you believe acc is in dispute...we have contacted oC and they have confirmed they have no record of unresolved response on record...so do not regard acc in disput and normal collections will begin in 14 days...if you still believe you have genuine dispute please provide documentation within 14 days...". I will ignore and see what they do next.
30/10/13: Letter from MK Rapid Recoveries: "...FINAL NOTICE...as you have not taken up our offer of help and as a legal requirement we are informing you that we are instructing our pre-legal dept to review your acc for further action...they may commence litigation which may increase amount payable...it is not too late to resolve this matter ...contact us immediately...". Deepie says send "Threat o gram - letter before action" - letter sent.
15/11/13 -Letter rec'd from MKRR: "...despite previous communication from us...full payment or arranged payment plan as not been agreed...we have no option but to refer your account to Keynes Collections for litigation consideration...contact us within 7 days or the escalation team may take appropriate further action...". I will ignore and see what they do next/await contact from Keynes Collections.
20/11/13 - Letter rec'd from Keynes Collections (as expected): "...NOTICE OF INTENDED LEGAL ACTION...you have failed to respond to previous correspondence or agreed a payment plan...we are instructed to collect balance...the amount is now due...this letter constitutes demand for payment and is in accordance with Practice Direction - Pre-Action Conduct of the Civil Procedure Rules...this letter requires your immediate attention...unless payment/plan agreed in 14 days, legal action to recover the debt may be taken...we suggest you give this matter your urgent attention and seek independent legal advise...". Threat by Creditor - To Commence Litigation letter sent
10/12/13 - Claim form rece'd from Northampton County Court Bulk Centre: MKDP LLP are now claiming for the full balance to be paid. "You have a limited time in which to reply to this claim form".
POST MOVED TO LEGAL SECTION
05/09/14 - Update: MKDP's application has been "struck out" because they had no documents. The solicitors and MKDP are finalising the details then I'm told I should receive a letter from solicitor saying "that's that". Although, if they do come across docs at a later stage they can try again - although after 4 years and no docs I'm hoping they still can't find/locate them. Many thanks to Niddy, Deepie and Andrew (in the early stages) without whose help I would not have reached this position. Thanks everyone !
11/12/15- Letter rec'd from MKDP: "your account has now been sold to Hoist Portfolio Holding 2 ltd.....you will shortly receive a Notice of Assignment confirming new account number and who to contact about your account...". Then on
18/12/15 - letter rec'd from Robinson Way along with NoA from Hoist. The Robinson Way letter goes on to say: "...we act as collection agents for our client...we offer a flexible approach to repaying your account...please contact us by 25/12/15 to let us know which payment option is best for you...we are aware that legal activity has previously been taken in respect of this account. Our clients solicitors, Howard Cohen and Co, will be applying to the court to change the name of the claimant to Hoist and they will write to confirm.....". I will wait and see if Howard Cohen and Co get in touch.
07/01/16 - Letter rec'd from Robinson Way (dated 30/12/15): "...above account remains outstanding...need to agree affordable payment plan based on circumstances...please contact us before 10/01/16 to tell us what YOU can AFFORD...". I will ignore for now and see what happens next.
23/01/16 - Letter rec'd from Robinson Way: "...we want to work with you and agree an affordable arrangement - please complete attached financial statement detailing your income/expenditure and proposed repayment......". I will not be filling in and returning the financial statement and I think the best option is to ignore for now and see what happens next.
07/04/16: Letter rec'd from Howard Cohen Solicitors: "...we write further to advise Hoist Portfolio Holding 2 (HPH2) are now the legal owners...we are instructed on their behalf to act in all litigation matters and send this letter for information purposes...to do so we have submitted an Application to the court to substitute the claimant detais from MKDP to HPH2, because our client are now the legal owners and the Order further confirms that we are on the court record and acting on it behalf...we request you continue to deal with our clients agent Robinson Way....". I assume this is for information purposes, as Howard Cohen state, and is just telling me that the account/debt as been assigned from MKDP to HPH2. And that I do not need to do anything. Planb says original claim "dead in the water" so will be IGNORING for the time being.
11/05/16 - Letter rec'd from Robinson Way: "...your account still remains outstanding, we want to help you...Our client will accept 50% settlememt to clear the balance in one payment...If unable to pay lump sum we can arrage monthly instalments or tell us what you can afford to pay...". Looks like they may be getting desperate as the months tick away to SB and its been to court once before and struck out. Ignoring for now.
11/11/16 - Letter rec'd from Robinson Way: "...we have contacted you on several occasions but not heard from you...we want to help you clear this debt...typically, when a customer does not contact us we may consider the following options...1. refer to client's solicitor to issue CCC, which could resist in court judgement...2. report to CRA as unpaid (if less than 6 yrs since default date...3. try to contact you by phone using all numbers on record including work numbers to discuss....these options are a last resort...please contact us within 7 days.....". I won't be contacting them as I'm ignoring and will wait to see what happens next.
28/11/16 - Letter rec'd from Robinson Way: "...affordable payment plan ... to help you manage your account here are some affordable payment plans for you to consider...". They then go on to offer 3 payment options - I will ignore and see what they send next.
16/12/16 - Letter rec'd from Robinson Way: "...no minimum payment - pay what you can afford ... unfortunately your account remains outsatnding despite us trying to contact you ... take the first steps today and get in touch to discuss your payment plan that could benefit you ...". Errrrr, no thanks, can't see how it will benefit ME when the account has been to court and struck out and is also SB. I will ignore and see what they do next.
19/01/17 - Letter from Robinson Way "...are you worried about contacting us?...contact us so we can help work out best wat to deal with this...1, agree affordable payment plan; 2, agree a reduction in amount owed and reduced settlement plan; 3, if in financial difficulties discuss support solutions; 4,any queries contact us and we can help...". I will file and ignore.
.................................................. .....
Hope everyone is ok and doing fine.
It's a while since I've posted into my diary but I'm needing some help/advice please and what I need to do next (if anything) or what letter i need to send.
Over the last few years (2018 - 2022) I've received various letter from Hoist Finance/Robinson Way - "Notice of Assignment"..."Pay75% of Outstanding balance" ... "Choose a way to pay" ... "discount available" ...... blah, blah, blah and never replied to any of the letters just IGNORED them all.
But on 9/3/23 I got a letter from Lowell stating that they "had acquired Hoist Finance and therefore my former agreement with HSBC...and the balance due is now legally assigned to Lowell Portfolio...please contact us and let us know your situation...".
This was fine and I was going to IGNORE as previous letters BUT today I received a call from Lowell (caught me off guard) asking what my situation was and my proposals. I advised them that I thought all this was sorted years ago and I would need to check. I also said, I'd not received the above letter, will not discuss over the phone, only in writing and asked them to re-send the above letter.
Not sure what I need to do now - do I just sit and wait it out as previously (ignore), not answer their calls OR send a letter stating it's been to court "struck out" and that the debt is statute barred OR have I set the clock ticking again with the phone call ?
Your help/advice would be greatly appreciated.
SUMMARY OR DIARY BELOW:
Many thanks.
October Revolution
..................
ACCOUNT 1
First Direct (Metropolitan Collection Services)
Account: Credit Card
Commenced: 2003
Balance: 22k
Date of Last full payment: 11/2009
Start of £1 token Payment: 12/2009
Date of Last £1 token payment Oct 2010
Acc Status: Defaulted 2/2010
Acc Owner: DCA (in-house DCA)
Further info/details: Agree to accept £1/month. Last contact July 2010 letter asking for an increase in payment terms. Advised them can only afford to pay £1/month. No interest or fees being added.
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.
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...". I will file and see what they do next.
30/03/13 - Letter rec'd from BCW: "...we have noted your comments...removed your telephone number from our system...do not consider our actions as harassment...can confirm HSBC have instructed us to withdraw from the matter...we have closed our file and returned to HSBC therefore no further contact from ourselves...". I will file this letter for safe keeping.
03/05/13 - Letter rec'd from HSBC: "....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....". Also in same envelope letter from MKDP stating they have bought interest in account and are now legal owner; have appointed MK Rapid Recoveries to manage account.....". I will file for now and await further contact from MKRR.
16/05/13 - Letter rec'd from MKRR: "...further to recent communication we have not received your offer of payment...we want to help you...please call to discuss ways we can help...until we reach agreement we will continue to contact you by phone/letter so we advise you contact us...". "acc sold whilst in dispute" sent plus telephone harassment letter.
31/05/13 - Letter rec'd from MKRR: "...regardless of our attempts by telephone and letter we still have not received your offer of payment...we want to help you...until you contact us we are unable to help and may need to take further action...". As they have not replied to my "acc sold whilst in dispute" letter of 16/05/13 I will ignore and see what they send/do next.
03/06/13 - Letter rec'd from MKRR: "...thank you for your recent communication... unable to resolve your query at present...we will be conducting a review...we will be in contact with you regarding resolution...". I will file and see what they send/do next.
12/07/13 -Letter rec'd from MKDP: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". I will file and see what they send/do next.
15/07/13 -Same letter again - as last - from MKDP: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". I will file and see what they send/do next.
27/09/13 - Same letter again: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". Which I will ignore.
BUT ALSO
27/09/13: Another letter from MKDP dated same: "...accept this letter as final response...understand you believe acc is in dispute...we have contacted oC and they have confirmed they have no record of unresolved response on record...so do not regard acc in disput and normal collections will begin in 14 days...if you still believe you have genuine dispute please provide documentation within 14 days...". I will ignore and see what they do next.
30/10/13: Letter from MK Rapid Recoveries: "...FINAL NOTICE...as you have not taken up our offer of help and as a legal requirement we are informing you that we are instructing our pre-legal dept to review your acc for further action...they may commence litigation which may increase amount payable...it is not too late to resolve this matter ...contact us immediately...". Deepie says send "Threat o gram - letter before action" - letter sent.
15/11/13 -Letter rec'd from MKRR: "...despite previous communication from us...full payment or arranged payment plan as not been agreed...we have no option but to refer your account to Keynes Collections for litigation consideration...contact us within 7 days or the escalation team may take appropriate further action...". I will ignore and see what they do next/await contact from Keynes Collections.
20/11/13 - Letter rec'd from Keynes Collections (as expected): "...NOTICE OF INTENDED LEGAL ACTION...you have failed to respond to previous correspondence or agreed a payment plan...we are instructed to collect balance...the amount is now due...this letter constitutes demand for payment and is in accordance with Practice Direction - Pre-Action Conduct of the Civil Procedure Rules...this letter requires your immediate attention...unless payment/plan agreed in 14 days, legal action to recover the debt may be taken...we suggest you give this matter your urgent attention and seek independent legal advise...". Threat by Creditor - To Commence Litigation letter sent
10/12/13 - Claim form rece'd from Northampton County Court Bulk Centre: MKDP LLP are now claiming for the full balance to be paid. "You have a limited time in which to reply to this claim form".
POST MOVED TO LEGAL SECTION
05/09/14 - Update: MKDP's application has been "struck out" because they had no documents. The solicitors and MKDP are finalising the details then I'm told I should receive a letter from solicitor saying "that's that". Although, if they do come across docs at a later stage they can try again - although after 4 years and no docs I'm hoping they still can't find/locate them. Many thanks to Niddy, Deepie and Andrew (in the early stages) without whose help I would not have reached this position. Thanks everyone !
11/12/15- Letter rec'd from MKDP: "your account has now been sold to Hoist Portfolio Holding 2 ltd.....you will shortly receive a Notice of Assignment confirming new account number and who to contact about your account...". Then on
18/12/15 - letter rec'd from Robinson Way along with NoA from Hoist. The Robinson Way letter goes on to say: "...we act as collection agents for our client...we offer a flexible approach to repaying your account...please contact us by 25/12/15 to let us know which payment option is best for you...we are aware that legal activity has previously been taken in respect of this account. Our clients solicitors, Howard Cohen and Co, will be applying to the court to change the name of the claimant to Hoist and they will write to confirm.....". I will wait and see if Howard Cohen and Co get in touch.
07/01/16 - Letter rec'd from Robinson Way (dated 30/12/15): "...above account remains outstanding...need to agree affordable payment plan based on circumstances...please contact us before 10/01/16 to tell us what YOU can AFFORD...". I will ignore for now and see what happens next.
23/01/16 - Letter rec'd from Robinson Way: "...we want to work with you and agree an affordable arrangement - please complete attached financial statement detailing your income/expenditure and proposed repayment......". I will not be filling in and returning the financial statement and I think the best option is to ignore for now and see what happens next.
07/04/16: Letter rec'd from Howard Cohen Solicitors: "...we write further to advise Hoist Portfolio Holding 2 (HPH2) are now the legal owners...we are instructed on their behalf to act in all litigation matters and send this letter for information purposes...to do so we have submitted an Application to the court to substitute the claimant detais from MKDP to HPH2, because our client are now the legal owners and the Order further confirms that we are on the court record and acting on it behalf...we request you continue to deal with our clients agent Robinson Way....". I assume this is for information purposes, as Howard Cohen state, and is just telling me that the account/debt as been assigned from MKDP to HPH2. And that I do not need to do anything. Planb says original claim "dead in the water" so will be IGNORING for the time being.
11/05/16 - Letter rec'd from Robinson Way: "...your account still remains outstanding, we want to help you...Our client will accept 50% settlememt to clear the balance in one payment...If unable to pay lump sum we can arrage monthly instalments or tell us what you can afford to pay...". Looks like they may be getting desperate as the months tick away to SB and its been to court once before and struck out. Ignoring for now.
11/11/16 - Letter rec'd from Robinson Way: "...we have contacted you on several occasions but not heard from you...we want to help you clear this debt...typically, when a customer does not contact us we may consider the following options...1. refer to client's solicitor to issue CCC, which could resist in court judgement...2. report to CRA as unpaid (if less than 6 yrs since default date...3. try to contact you by phone using all numbers on record including work numbers to discuss....these options are a last resort...please contact us within 7 days.....". I won't be contacting them as I'm ignoring and will wait to see what happens next.
28/11/16 - Letter rec'd from Robinson Way: "...affordable payment plan ... to help you manage your account here are some affordable payment plans for you to consider...". They then go on to offer 3 payment options - I will ignore and see what they send next.
16/12/16 - Letter rec'd from Robinson Way: "...no minimum payment - pay what you can afford ... unfortunately your account remains outsatnding despite us trying to contact you ... take the first steps today and get in touch to discuss your payment plan that could benefit you ...". Errrrr, no thanks, can't see how it will benefit ME when the account has been to court and struck out and is also SB. I will ignore and see what they do next.
19/01/17 - Letter from Robinson Way "...are you worried about contacting us?...contact us so we can help work out best wat to deal with this...1, agree affordable payment plan; 2, agree a reduction in amount owed and reduced settlement plan; 3, if in financial difficulties discuss support solutions; 4,any queries contact us and we can help...". I will file and ignore.
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