Oct Revolution's UE Diary

[Deepie]

Re: October Revolution's UE Diary

Morning Niddy,

I have an update to above account:

UPDATE: 14/07/11 - letter rec'd from Fredrickson: "LETTER BEFORE ACTION....this debt must be paid in full in next 7 days otherwise we will refer to solicitors who may take legal action without further notice....further additional costs will be added....bailiff may call....judgement would affect future credit....pay now...."



Do I need to reply with "Threat o Gram letter Before Action" or file/ignore.


I await your reply

Many thanks.

Send first > Account Sold whilst in Dispute

[Never-In-Doubt]

Re: October Revolution's UE Diary

Send first > Account Sold whilst in Dispute

Spot on, doing this buys you an extra couple of weeks - yea, waste of £1.20 or so but it does buy time and also annoys the DCA

[Oct Revolution]

Re: October Revolution's UE Diary

Hi All,

Just had a missed call from First Credit and was wondering if anyone had had any dealings with them.

Not sure which of my debts they are calling about as I've had no letters from them - yet!

regards

[Never-In-Doubt]

Re: October Revolution's UE Diary

Don't worry mate. Let us know when you know

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 8

Royal Bank of Scotland


Activity:

13/06/11 - Letter rec'd from Risk Management Alternatives (RMA): ".... your RBS acc has been passed to us....the full outstanding balance is due in full....RBS will no longer accept communication from you.... future communication/payment should be made to RMA....contact us now to pay/agree suitable payment plan...." NID says ignore.

29/06/11 - Telephone harassment letter sent.

05/07/11 - The letter has worked as calls seem to have stopped for now.

09/07/11 - Letter from RMA: "....despite our attempts to reach suitable agreement the matter remains unresolved....if not rectified in next few days no alternative other than to recommend to client to take legal action....this is not our preferred route....if in difficulties speak to CAB etc....please call us today....". Account sold whilst in dispute letter sent as per In 2 Deep.

Hi Niddy and others,

just a quick update to above account and to let others know that the "Telephone Harassment" letters do work (well done Niddy many thanks for these letters )

Received letter today from RMA stating "...we note your letter of 29/06/11 and confirm all contact numbers have been removed from our systems....all future contact will be made in writing...."

So if you are being pestered by DCA telephone calls fire off one of Niddy's "Telephone Harassment" letters and see what they come back with.


Thanks everyone,

[Never-In-Doubt]

Re: October Revolution's UE Diary

Received letter today from RMA stating "...we note your letter of 29/07/11 and confirm all contact numbers have been removed from our systems....all future contact will be made in writing...."

So if you are being pestered by DCA telephone calls fire off one of Niddy's "Telephone Harassment" letters and see what they come back with.


Thanks everyone,

Of course the templates work mate - that is why they exist

Well done on the mini success..... keep us updated

[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.

Hi Niddy,

I have an update to above account:

UPDATE: 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...."


I assume I sit and wait to hear from MKRR until I respond with anything ?

Many thanks,

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 6

Barclaycard Mastercard (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 MASTERCARD: “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.

22/02/11 - CCA received from Barclaycard Mastercard; It just looks like old and new T&C’s.
22/02/11 - Nid says send CCA Query "T&C's supllied" template.
22/02/11 - Above letter sent
04/0311 - Letter from B/card MASTERCARD 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.

04/03/11 - BUT also rec'd a letter from Moorcroft Debt Recovery Limited saying: "act as agents for B/Card MASTERCARD.... you've not complied with Formal Demand....balance is due....interest will be charged at 1% per month....may affect credit file....if not paid in 7 days a Debt Collector may call upon you or County Court proceedings may be issued .....". NID says send "Debtors Final Response - CCA Received".

08/03/11 - Above letter sent.
21/03/11 - Letter rec'd from Moorcroft (dated 10/3/11) as follows: “IMPORTANT INFORMATION – POSSIBLE LITIGATION….to prevent send payment in 7 days….if not we have no alternative but to recommend to our client that solicitors issue legal action against you….may incur further costs…contact us as we nor our client want court proceedings….”. Will ignore as crossed with my last letter of 8/3/11

31/03/11 - Letter rec’d from Moorcroft: “We refer to previous correspondence and confirm at this time our client is currently unable to prove a signed copy of the agreement relating to this account....there remains an obligation to honour original agreement….balance of account remains due.... credit file will reflect this….account is on hold ….please call to arrange a discounted agreement….” I will keep this letter very safe

21/04/11 - Letter rec’d from Moorcroft: "MONTHLY INSTALMENT OFFER: ….to stop our recommending to our client that solicitors commence legal proceedings we are prepared to accept £***.** per month….". NID says send CCA Query - Letter previously confirming no CCA. Letter sent.

09/05/11 - Letter rec’d from Midas Credit Services: “LITIGATION WARNING ….We are part of Moorcroft Group....are aware you have failed to reach a repayment plan….we are reviewing acc prior to any possible legal action by external solicitors….to prevent contact us….failure to do so within 7 days may mean that a decision to proceed with legal action will be made….”. NID says send "CCA Query - Letter previously confirming no CCA" to Midas along with copy letter. Letter sent.

20/05/11 - letter rec'd from Moorcroft - Home Collections Division - "...records show despite previous letters no payments have been made....your acc has now been passed to our HOME COLLECTION DIVISION for action....may involve local rep calling at your ....if you prefer contact us to arrange repayment....if no agreement made with us/local rep you may leave us no alternative but to recommend to our client that solicitors commence legal proceedings..." Nid says send "Enough is Enough" template plus copy of letter from Moorcroft from 31/03/11 advising no CCA. Letters sent.

01/06/11 - Letter rec'd from Moorcroft in response to my last letter: ".... it is our understanding that you advised this acc remains in dispute as you have not rec'd your CCA....our records show that we sent you a letter advising our client was unable obtain a copy of your CCA....we have now asked our client to check their records to provide a CCA if possible....we are awaiting our clients response....be assured that our position is that we would be happy to seek to agree a sensible/affordable payment plan to ensure this debt can be paid....acc. is on hold until we can revert back to our clients response ...." I will file this letter very carefully with my other one and see what happens next.

29/06/11 - Letter rec'd from Moorcroft: “….we advise your acc has now been closed and returned to our client….you will receive no further contact from us….further recovery action now lies with our client and we ask you to contact them….”. Nid says file/ignore and see which DCA gets it next !

Hi Niddy,

I have an update to above account:

UPDATE: 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...."


I assume I sit and wait to hear from MKRR and then respond with a copy of the letter from Moorcroft stating no CCA and "CCA Query - Letter Previously Confirming No CCA" ?

Many thanks,

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 2

Citibank (Collect Direct UK) Now with Opus


Activity:
6/10/10 - CCA Request sent to Collect Direct DCA
6/11/10 - Letter from DCA asking me to contact OC direct for CCA
9/11/10 - "DCA declining CCA request" letter sent back to DCA
1/12/10 - Another letter from DCA asking me to contact OC direct for CCA. Will now send CCA request to OC (Citicard) as per NID's instructions.

14/12/10 - CCA request sent to OC (Citicard)
05/01/11 - Above letter not delivered yet; according to Royal Mail Track and Trace letter being re-directed !
06/01/11 - Letter from Collect Direct "payment arrangement revoked - must contact them within 5 days to arrange alternative or may advise client to take legal action". Ignored last letter.

14/01/11 - Letter from Collect Direct: "URGENT NOTICE. Must make a payment or contact them to discuss payment arrangement or will advise client to issue court proceedings.

17/01/11 - "Threat O Gram before court action" letter sent sent to Collect Direct.
19/01/11 - NID's says shouldn't have sent last letter - too late now as letter received - see what happens next.
19/01/11 - Nid says send CCA reminder to Citi.
20/01/11 - CCA reminder sent to Citi.
24/01/11 - Letter from H L Legal "we act on behalf of Collect Direct....pay in next 7 days or will recommend legal action.... a claim for associated cost and interest will be made......hope course of action can be avoided by contacting client to make arrangements to pay" - NID says ignore.

17/02/11 - Letter received today from Opus: “we are sorry you have reason to complain….we should be able to send you a full response within 8 weeks” Will file and see what happens next

01/03/11 - CCA received from Opus; Nid says send CCA Query T&C's supplied template. Letter sent.

03/06/11 - Letter from Cabot Financial: "....we have recently bought acc from Opus/Citi....please call to arrange payment...." Nid says send "Account sold whilst in dispute" template. Letter sent.

11/06/11 - Letter from Cabot: "....looking into complaint....will respond in 20 days...."

07/07/11 - Letter from Cabot: "....still looking into complaint....will require a further 20 days to respond...."

Hi Niddy,

I also have an update to this account:

UPDATE: 21/07/11: Letter from Opus in response to my letter of 01/03/11 "CCA Query T&C's supplied" :

"...you have requested a copy of your reconstituted version of executed agreement....we have provided this which complies with CCA 1974....regs define what is true copy...whilst reg 3 provides "every copy" of agreement "shall be a true copy" Reg 3(2) (b) provides that a copy can omit sig. box, signature or date...."

They go on to say:

"...to comply with S78 copy does not need to be copy with customers signature on.... we do not have to produce an actual copy of agreement....at the moment we are unable to trace copy of signed application form, so not in a position to provide a copy at this time....however we confirm our procedure has always been to obtain customers sig to agreement containing the prescribed terms....as such we are confident CCA is enforceable....failure to make payments will result in collection activities...."


Sorry for the long post just wanted to make sure I got all the points down that they were stating.


BUT, after all that is there anything I need to send or just file and ignore and see what happens next ???


many thanks (as ever)

[caspar]

Re: October Revolution's UE Diary

They've stated quite clearly they have not got a true copy of the agreement at present, so until such time as they find it, it is UE and you really have nothing at all to say to them.

[5corpio]

Re: October Revolution's UE Diary

Barclaycard been busy - or am i receiving your mail, letter ere too, sating its been assigned & transferred to MKDP LLP (MKRR)

[Oct Revolution]

Re: October Revolution's UE Diary

Looks like they've been busy "clearing their cupboards" out as I've received letter for both my B/Card accs,

[Never-In-Doubt]

Re: October Revolution's UE Diary

Accounts 2, 5 & 6 - just ignore all 3 mate, however regards account 2 (Citi) - keep this letter safe as they confirm no CCA exists......

Keep us updated

[Oct Revolution]

Re: October Revolution's UE Diary

Accounts 2, 5 & 6 - just ignore all 3 mate, however regards account 2 (Citi) - keep this letter safe as they confirm no CCA exists......

Keep us updated

As ever many thanks Niddy for all your help.

I will keep the letter safe ref. the Citi acc and if anyone hassles me I will copy the letter and send it off along with "CCA Query - Letter Previously Confirming No CCA"

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 9

Egg


Activity:

06/10/10 - CCA Request sent
22/10/10 - CCA rec'd (will e-mail to NID for advice)
25/10/10 - "T&C's rec'd" Letter sent to Egg
04/11/10 - Letter rec'd for last; Egg looking into complaint, may take upto 8 weeks
23/11/10 - Reply from Egg ref my complaint:- "the docs provided constitute a true copy of agreement; now satisfied my request for CCA the complaint is now closed; regular monthly payments should continue". NID says bog standard letter ignore for now.

25/01/11 - Letter rec'd from Clarity " ...been instructed by EGG to make arrangements with you to repay above amount……are prepared to offer 15% discount as F&F…and will remain open for 7 days…if unable to pay contact them to agree payment plan….If we do not hear from you will consider options available to us…..inc. rep. visiting or where agreement remains legally enforceable, recommend to client that their solicitors be instructed to commence legal action” Nid says to send "Threat o Gram before action" letter.

27/01/11 - Above letter sent

02/02/11 - Calls received daily from Clarity - Ignoring/Not answering.
08/02/11 - Letter rec'd from Clarity:“we wrote recently but note we have not reached an agreement with you…your acc is in default and full balance is payable immediately….if the agreement remains legally enforceable we will consider recommending our client/solicitors commence legal action.. if you ignore this letter further recovery action will take place…to prevent this pay balance/arrange repayment by instalments via web site; call; e-mail; send cheque”

10/02/11 - NID says ignore last as letter crossed with my letter of 27/01/11

18/02/11 - letter rec'd from Clarity: “thank you for your recent letter…..we have requested further info from EGG and will be in contact once we have received a response”. Assume it’s in response to my letter sent to them on 27/01/11 “threat o gram before legal action”. I will just file and wait to see what happens next.

27/06/11: - letter rec'd from Fredrickson International Ltd: “….instructed by Egg to collect outstanding balance….you have failed to pay outstanding balance despite repeated requests….full payment now due to avoid further action….contact us IMMEDIATELY to discuss this matter….payment should be made to Fredrickson International LTD….”. NID says ignore and see what they send next.

27/06/11 - Receiving over 14 calls a day from Fredrickson: "Harassment by Telephone" letter sent.

05/07/11 - The letter has worked as calls seem to have stopped for now.

08/07/11 - Letter rec'd from Fredrickson: "....as arranged we have enclosed our official Financial Statement form for you to complete....we can not consider your circumstances unless you complete and return....". I will ignore and see what happens next.

14/07/11 - letter rec'd from Fredrickson: "LETTER BEFORE ACTION....this debt must be paid in full in next 7 days otherwise we will refer to solicitors who may take legal action without further notice....further additional costs will be added....bailiff may call....judgement would affect future credit....pay now...." Nid says send "account sold whilst in dispute" - letter sent.

I have a small update to above account:

28/07/11: Letter from Fredrickson in response to my "account sold whilst in dispute" letter:

".....we have referred matter to client....will revert to you when instructions rec'd....acc placed on hold...."

I will file letter and see what happens next.