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  • Re: October Revolution's UE Diary

    Morning Niddy/In2Deep,

    any advice on this one, please

    Regards


    Originally posted by October Revolution View Post
    Hi Niddy/I2D,

    I have an update to above acc:

    UPDATE: 25/05/12:

    Letter received from Aktiv Kapital: "...can not comment on your suggestions that there has been breaches of S77-S79...even if breach did occur it has now been remedied with documents supplied...similar documents have been accepted by courts as evidence of an agreement and unpaid debt... if you feel docs supplied are not true copy i would invite you to provide me with particulars...why do copies not correspond with agreement you entered into...court would not accept without supporting evidence...unreasonable to accept your point on bare allegations...we look forward to hearing from you..."

    They have also supplied a copy of the CCA which is the same as previously viewed by Niddy which he deemed along with the last 12 months statements.

    Not sure what we need to do now. Continue to blag? send something back? or agree re-payment terms (although would only be £1/month)?

    many thanks in advance,
    Oct Revolution


    Any new updates to my diary will be highlighted in RED

    Comment


    • Re: October Revolution's UE Diary

      If it were me I would see what they do next.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • Re: October Revolution's UE Diary

        Originally posted by Never-In-Doubt View Post
        If it were me I would see what they do next.
        many thanks Niddy.

        I'll sit tight and see what they do next.

        regards,
        Oct Revolution


        Any new updates to my diary will be highlighted in RED

        Comment


        • Re: October Revolution's UE Diary

          Originally posted by October Revolution View Post
          ACCOUNT 3

          Tesco Personal Finance

          Activity:
          06/10/10 - CCA Request sent
          05/11/10 - CCA rec'd (e-mailed to NID for advice)
          09/11/10 - NID syas :UE "T&C's rec'd" letter sent
          16/11/10 - Letter rec'd from Tesco in reply to last: Stating "CCA is true copy; consider account not to be in dispute; will pursue for full payment; will not enter into further correspondence over alleged CCA breaches" - NID says bog standard letter to ignore.

          08/01/11 -Letter rec'd from Tesco (dated 20/12/10) “as you have failed to respond to banks previous demands, we have no alternative but to commence further proceedings for recovery…….we urge you to call to resolve this matter……..failure to do so may result in account being passed to external DCA without further warning or delay”. Ignored last letter.

          20/01/11 - Letter rec'd from TRITON
          "Tesco have placed your account with us for immediate collection.......to avoid further action forward cheque for full amount by return...or pay by credit card over the phone.....if unable to make payment call office immediately......" NID says send "account sold whilst in dispute of CCA request" letter.

          21/01/11 - Above letter sent.

          24/01/11 - Calls received daily from Triton - Ignoring/Not answering.
          04/02/11 - Letter rec'd from
          Triton: “disappointed that you’ve failed to make payment or repayment proposals…..no alternative but to consider further action…may be appropriate to request a debt recovery agent call on you to discuss repayment…would prefer not to take this action so call to discuss outstanding balance”

          10/02/11 - NID says send "harassment/doorstep visit" template. Letter sent.
          12/02/11 - Letter rec'd from Triton:
          “..we remain disappointed you have failed to settle debt/make repayment proposals….we have now recommended to Tesco that solicitors be instructed to commence court proceedings which you would be liable for costs……" NID says send "Threat by Lender/DCA - To commence Litigation".

          14/02/11 - Above letter sent.
          19/02/11 - Letter from Tesco received in response to my “Threat o gram – to commence litigation” letter sent to Triton:“ we do not consider acc to be in dispute….have fully complied with CCA request….indebtedness remains due and payable and will pursue for full repayment….this is our final response…if dissatisfied with this final response you may refer concern to FOS…..” NID says their final response so ignore.

          22/02/11 - letter rec'd from Tesco in response to my Threat o gram "doorstep visit" letter, in which they say "can not uphold my complaint as acc still remains unpaid and acc is enforceable". I will file and ignore and see what happens next.

          01/03/11 - Letter rec'd from Tesco (which is exactly the same one as I received on 08/01/11): “as you have failed to respond to banks previous demands, we have no alternative but to commence further proceedings for recovery…….we urge you to call to resolve this matter……..failure to do so may result in account being passed to external DCA without further warning or delay”. Nid says send Threat by lender/DCA to commence litigation. Letter sent.

          30/03/11 -
          Letter rec’d from Green & Co Solicitors: “….instructed by our client Triton/Tesco….despite formal demand, amount remains unpaid….we are likely to be instructed to commence court proceedings….” NID says send "Threat o gram - before action". Letter sent

          14/04/11 - Letter from Triton in response to my last letter: “….write with ref to recent correspondence ….our records show Tesco complied with your CCA request with all relevant docs….further to this Tesco issued a letter saying had complied with CCA 1974 and payment is due….and finally issued you a further letter with a final response again confirming all above and that acc is not in dispute….Therefore the balance is due for immediate collection…. contact us within 7 days to discuss repayment proposals….failure to comply will leave us no alternative but to take further action without warning or delay….”. NID says ignore and see what happens next.

          20/05/11 - Rec'd a yellow card (in an envelope) from Allied International Credit (UK) Ltd: "....our client has informed us a Formal Demand has been made....payment of full balance must be paid immediately....if you want to discuss acc contact us...." NID says ignore for time being.

          29/06/11 - Telephone harassment letter sent.

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

          13/08/11 - Rec'd letter from AIC: ".... early settlement offer of 25%....as account remains unpaid we are reviewing your acc to consider if further action is warranted....please contact us.....failure to do so may result in a recommendation to our client that proceedings should be initiated...." NID says ignore.

          13/09/11 - rec'd letter from AIC - similar to last one (I wonder if they will send one every month !) - Will ignore.

          23/11/11 - Letter rec'd from Fredrickson International:
          “….instructed by Tesco 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 to IGNORE

          02/12/11 - Letter from Fredrickson: "LETTER BEFORE ACTION....this debt must be paid in full in next 7 days otherwise we will take immediate action....legal action now being considered....further additional costs will be added....bailiff may call....judgement would affect future credit....pay now...." I2D says send "Threat o Gram letter Before Action" - letter sent.

          10/12/11 - Yellow Letter rec'd from Fredrickson: "CONFIRMED RESIDENT....acc seriously in arrears...you have failed to correspond or make payment despite trace enquiries showing you live at this address....contact us.... failure to arrange payment your acc will be passed to solicitors with authorisation to proceed with immediate proceedings against you...." I2D says ignore as its crossed with my last letter.

          16/12/11 - Letter from Fredrickson in response to my "threat o gram before action" letter:
          ".....we have referred matter to client....will revert to you when instructions rec'd....acc placed on hold....". will file and see what happens next.

          23/12/11 - Letter from Fredricksons: "....we have been in contact with you....you informed us information in respect to this debt was incorrect....we provided details of dispute to our client who now state debt details are correct....we would like to discuss matter with you....please call us in next 7 days....". NID says wait and see what their next move is

          06/01/12 - Letter rec'd from Bryan Carter Solicitors: ".....payment must be made in next 14 days....failing we will recommend to client that proceedings be issued without further notice....additional charges will be added....before we refer acc for litigation you have an opportunity to contact Fredricksons with payment proposals...." NID says send "threat to commence litigation" - letter sent

          24/05/12 - Letter rec'd from Westcot (new DCA for this acc): "....we have been instructed by Tesco to collect outstanding balance....to avoid further action pay debt in full or contact us....failure to do so will result in further recovery action...." I will IGNORE and see what their next move is.
          Hi I2D/Niddy,

          I have an update to above account:

          UPDATE: 01/06/12:

          Letter rec'd from Westcot: "....FINAL NOTICE ....our latest enquiries confirm you are resident at this address but we have received no reply to previous letter....contact us in next 10 days or further collection activities will begin....please do not ignore....we or client could take legal action against you....or refer debt to a door step collection agency....it is very important you take IMMEDIATE action to resolve this issue....contact us...."

          I will IGNORE the above and see what happens next?

          regards,
          Oct Revolution


          Any new updates to my diary will be highlighted in RED

          Comment


          • Re: October Revolution's UE Diary

            Originally posted by Flowerpower
            Wetclothes bark very loudly but can't bite! I ignored all their red letters last year till they got their letterheads-for-rent Nelson Gest Puppets on the case. A single dispute letter and they all cleared off for good, last contact over a year ago!
            thanks Flowepower,

            I also have an RBS account which Westcot's got involved with and I had the same letter as above for that account some 6 months ago. So I assume it will take the same route with this one - Westcot-Nelson Guest-Westcot-Credit Security-then back to Westcots, but nothing much more.

            Oct Revolution


            Any new updates to my diary will be highlighted in RED

            Comment


            • Re: October Revolution's UE Diary

              Never assume they'll behave the same for all accounts, but yea wescots don't often bite but still, whatever you do don't take things for granted

              I would wait and see what they send next and not respond to their latest threat
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • Re: October Revolution's UE Diary

                Originally posted by Never-In-Doubt View Post
                Never assume they'll behave the same for all accounts, but yea wescots don't often bite but still, whatever you do don't take things for granted

                I would wait and see what they send next and not respond to their latest threat
                Hi Niddy,

                Many thanks for that. I do understand that not all accounts follow the same route, but sometimes it's nice to have a bit of an idea what they "might" do next. BUT in any case I do take each account/letter on it's own merits and post on here for advice.

                I do have two Barclaycard accounts which have taken different routes and three MBNA which also have followed different routes. I suppose it keeps us on our toes

                Oct Revolution


                Any new updates to my diary will be highlighted in RED

                Comment


                • Re: October Revolution's UE Diary

                  Originally posted by October Revolution View Post
                  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.
                  Hi Niddy/I2D,

                  I have an update to above account:

                  UPDATE: 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..."

                  As they have not responded to my "Threat of Litigation" letter sent on 12/05/12 i will ignore and see what they do next.

                  many thanks

                  Oct Revolution


                  Any new updates to my diary will be highlighted in RED

                  Comment


                  • Re: October Revolution's UE Diary

                    Originally posted by October Revolution View Post
                    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
                    the bit about the burden being on the borrower is correct. There was two cases i know of on the shifting burden one is HFO v Patel which was an appeal, and Carey v HSBC which is a binding High Court ruling.

                    If you have recieved a letter of claim then you must reply to it in accordance with the CPR pre action protocol practice direction as you can be slaughtered on costs win or lose if you do not and the matter goes to Court.

                    The reply to a letter of claim is important part of the litigation jigsaw and often it is the missing piece of any case i get passed. If there is a reply to letter of claim asking for disclosure of documents to be relied upon for example and the creditor doesnt comply, providing of course its not a fishing expedition, then you have a darn good case to apply to the court once the claim is issued for an order compelling disclosure.

                    I have just won a case where we didnt even get to the acknowledgement of service. The client instructed me and i did the reply to letter of claim, proceedings were issued, 3 applications were made, all successful and the claimant was struck out and slapped with an indemnity costs order for the non compliance with the Pre action protocols!!!

                    I havent looked at the threat of litigation letter, but it would be an idea to read the pre action protocol practice direction on replies to letters of claim

                    Comment


                    • Re: October Revolution's UE Diary

                      Originally posted by Paul. View Post

                      If you have recieved a letter of claim then you must reply to it in accordance with the CPR pre action protocol practice direction as you can be slaughtered on costs win or lose if you do not and the matter goes to Court.

                      The reply to a letter of claim is important part of the litigation jigsaw and often it is the missing piece of any case i get passed. If there is a reply to letter of claim asking for disclosure of documents to be relied upon for example and the creditor doesnt comply, providing of course its not a fishing expedition, then you have a darn good case to apply to the court once the claim is issued for an order compelling disclosure.

                      . . . . . . .

                      I havent looked at the threat of litigation letter, but it would be an idea to read the pre action protocol practice direction on replies to letters of claim


                      I don't suppose you've got a link to that CPR practice direction

                      Comment


                      • Re: October Revolution's UE Diary

                        Originally posted by PlanB View Post
                        [/COLOR][/COLOR]

                        I don't suppose you've got a link to that CPR practice direction
                        PRACTICE DIRECTION – PRE-ACTION CONDUCT - Civil Procedure Rules

                        Comment


                        • Re: October Revolution's UE Diary

                          Originally posted by October Revolution View Post
                          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 !

                          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….” Sent CCA Query - Letter previously confirming no CCA with copy letter from Moorcroft.

                          08/09/11 -Letter rec’d from MKRR in response to my “CCA Query - Letter previously confirming no CCA” letter: “….at this time unable to resolve your concern….needs further investigation with Barclaycard .... will contact you as soon as we receive response….” I will ignore and see what happens next.

                          20/02/12 - Letter rec'd from MKRR: "....Barclaycard are currently unable to provide copy of CCA....are unable to enforce....you should continue to pay the debt .... we will take any action short of enforcement.... obliged to seek payment....MKRR are now legal owner....contact us to arrange payment plan....". I will keep this letter very safe with my other letter from Moorcroft stating similar.

                          20/03/12 - Letter rec'd from MKRR: "...FINAL NOTICE...as not taken up our offer we must now inform you we are instructing our pre-legal dept. to review your acc for action....may commence litigation...it is not too late to resolve...contact us...". NID says ignore

                          30/03/12 - Letter rec'd from MKRR: "...FINAL DEMAND...as not taken up our offer acc is now with pre-legal team....no option but to transfer to Raven Recoveries to resolve on our behalf...may involve CCJ and all what that will involve...final opportunity...we can help...do not want to take legal action...contact us to avoid this option..." I2D says send "Threat by creditor to commence litigation". Letter sent.

                          17/04/12 - Letter from MKRR: "...in receipt of last letter ...will contact Barclaycard for further investigation...". I will file and await their investigations.....

                          27/04/12 - Letter rec'd from Raven Recoveries: "...having not paid MKRR we are instructed to collect outstanding balance...payment in full required unless you can give a reason for not...contact us to re-pay...failure to do so in 7 days may assess your acc for further action". I will IGNORE for now.
                          Hi Niddy/I2D,

                          I have an update to above acc:

                          UPDATE: 09/06/12

                          Letter rec'd from Raven Recoveries: "...despite numerous letters you have not paid...full payment is required upon receipt of this letter unless you can give us a reason for not paying...call us today..."

                          Do I need to send anything back or just ignore?

                          Many thanks

                          Oct Revolution


                          Any new updates to my diary will be highlighted in RED

                          Comment


                          • Re: October Revolution's UE Diary

                            Originally posted by October Revolution View Post
                            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...."

                            21/07/11 - Letter from Opus in response to my letter of 01/03/11 "...we have provided CCA which complies with CCA 1974....at the moment we are unable to trace copy of signed application form....however we confirm our procedure has always been to obtain customers sig ....as such we are confident CCA is enforceable....failure to make payments will result in collection activities...." Will ignore for now.

                            01/08/11 - Letter from Cabot: "....still looking into complaint....will have to contact Opus for further info....will contact me again when info received...." Will file and ignore for now.

                            21/09/11 - letter from Cabot: "....have received info from Opus who have forwarded relevant info which was previously provided to yourself....upon reviewing docs I can clarify Opus have provided a recon true copy of your CCA which complies with CCA request....will not send acc back to Opus....a CCA request is not a method for the avoidance of the debt....contact us in next 14 days to discuss if not acc will be escalated within our collections procedures...." Nid advises send "CCA Query - Letter Previously Confirming No CCA" with a copy of letter from Opus received on 21/07/11. Letter sent.

                            12/10/11 - Letter rec'd from Cabot: "....you continue to claim agreement is unenforceable....information provided by OPUS is sufficient to meet CCA....enforcement constitutes obtaining Judgement at court....we are not seeking to initiate proceedings....you have been misinformed in relation to arguments you continue to raise....account is now payable - please contact us to arrange payment plan...." In2Deep says ignore.

                            24/10/11 - E-mail received from Cabot: "....according to our records debt still remains unpaid....contact us urgently....failure to do so your account will be escalated to next stage of our collections process...." NID/In2Deep say to ignore.

                            17/11/11 - another e-mail from Cabot: "this is last chance to agree a suitable payment plan before we move acc to our Pre Litigation Department....contact us now....". In2deep says send "Threat o gram before action letter" - letter sent.

                            25/11/11 - Letter from Cabot in response to my "threat o gram before action" letter: "Our Final Response To Your Complaint....you continue to claim agreement is unenforceable....information provided by OPUS is sufficient to meet CCA requirements....you have been misinformed in relation to arguments you continue to raise....recommend you seek legal advice....account is now payable...." NID says ignore

                            06/12/11 - E-mail from Cabot: "your acc has been escalated to our PRE-LITIGATION DEPT....we may issue a claim for County Court Judgement....may insruct external DCA or Legal Agency to call on you....most important you contact us to stop further action....". I2D says ignore.

                            13/12/11 - yet another e-mail from Cabot: "IMPORTANT - PLEASE DO NOT IGNORE....your acc continues to be in default....despite previous requests you have failed to settle....outstanding balance is payable immediately....if you do not take positive action to settle acc we will either forward acc to External DCA or commence legal action....further costs may apply....contact Cabot immediately...." NID says ignore but next e-mail I receive send "This email address is no longer active - please resort to an alternative method of contact" message back.

                            09/01/12 -
                            another e-mail from Cabot : "....our offer to you....we can offer you a 40% discount to your outstanding debt....if paid in next 30 days....we will close acc and mark as settled with CRA....contact us now....". I will ignore and see what happens next.

                            15/02/12 - Yet another e-mail received from Cabot (last letter I had from them was 25/11/11), which I am unable to read, other than the subject line, which says ...."External Agent Notification". I have sent a reply e-mail back just saying the following: This email address is no longer active - please resort to an alternative method of contact.

                            22/02/12 - Letter rec'd from Financial Investigations and Recoveries (Europe) Ltd (F.I.R.E): "....NOTIFICATION OF INSTRUCTION TO COLLECT....our client Cabot have instructed us to recover full amount....PAYMENT REQUIRED IMMEDIATELY....contact us....". I2D says to ignore

                            27/02/12 - E-mail rec'd from F.I.R.E: "....make us a reasonable offer....as final attempt to resolve and stop further action....will consider reasonable offer as F&F or payment plan....contact us in next 14 days....". I will ignore, other than sending this e-mail back to them: "This email address is no longer active - please resort to an alternative method of contact." and will await their next reply.

                            17/03/12 - Letter rec'd from FIRE: "....PRE-VISIT NOTIFICATION....debt referred to us from Cabot....you must contact us in 48 hours to pay in full or arrange repayment....failure may result in....our client taking LEGAL PROCEEDINGS against you or a DOORSTEP AGENT calling....contact us now....". I2D says ignore

                            25/04/12 - Letter from FIRE: "...previously advised if debt not paid we would take further action...been instructed by our client to instruct debt recovery agent to collect debt...call us immediately or we will pass acc to Doorstep Agent...call us now...". I will IGNORE
                            Hi Niddy/I2D,

                            I have an update for the aboce acc:

                            UPDATE: 09/06/12:

                            Letter from Cabot: "...as we have not come to a mutual agreement your acc is being passed to Clarity Credit Management for collection...


                            Then in the same envelope letter from Clarity: "...insrtucted by Cabot to arrange payment...we can offer 25% discount...contact us now..."

                            Is there anything I need to send or wait and see what they do next.

                            Thanks in advance
                            Oct Revolution


                            Any new updates to my diary will be highlighted in RED

                            Comment


                            • Re: October Revolution's UE Diary

                              Originally posted by October Revolution View Post
                              Hi Niddy/I2D,

                              I have an update to above acc:

                              UPDATE: 09/06/12

                              Letter rec'd from Raven Recoveries: "...despite numerous letters you have not paid...full payment is required upon receipt of this letter unless you can give us a reason for not paying...call us today..."

                              Do I need to send anything back or just ignore?

                              Many thanks

                              If it was me I Would send --------> CCA Query - Letter Previously Confirming No CCA

                              with a copy of the letter you have from Moocroft 31/3/11......
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • Re: October Revolution's UE Diary

                                Originally posted by October Revolution View Post
                                Hi Niddy/I2D,

                                I have an update for the aboce acc:

                                UPDATE: 09/06/12:

                                Letter from Cabot: "...as we have not come to a mutual agreement your acc is being passed to Clarity Credit Management for collection...


                                Then in the same envelope letter from Clarity: "...insrtucted by Cabot to arrange payment...we can offer 25% discount...contact us now..."

                                Is there anything I need to send or wait and see what they do next.

                                Thanks in advance
                                I Would send this to Clarity-------> Account Sold whilst in Dispute
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                                Comment

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