Greymatter's ue Diary

[SA Gold]

Re: Greymatter's ue Diary

It is probably just a time thing.
We all know the banks please themselves, no matter what the law is.

Agreed. A bit like when you first call them when you encounter problems repaying - no response, no interest, not bothered by it all.

[greymatter]

Re: Greymatter's ue Diary

[QUOTE=greymatter;221578]Originally Posted by greymatter

Barclaycard Gold Visa

Type of account (credit card)

Date commenced (Pre 2000)

Approx Balance (£10600)

Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CSL)
Default Notice issued by Mercers acting as agents for BC(Sep 2003)
Account run by CSL

I will be requesting CCA by recorded delivery tomorrow and will update my diary when I receive anything.

Thanks to Niddy and you all.

Key:sent
received
other information

16.12.11 Recorded delivery sent today
19.12.11 Signature obtained
10.01.12 No response to my CCA request.Am I too early to send :CCA request Final Demand.Or should I ignore and stop payment now.
10.01.12 Payment stopped
12.01.12 Letter received(In fact 2 identical) from CSL, they are referring back to client for copy docs.
26.01.2012 Received a letter direct from BC stating that they no longer hold a copy of my executable agreement.They go on further to state that they accept that they are therefore prevented from enforcing the agreement.
This therefore makes it in their own wordsThanks AAD


21.03.2012 Hi Niddy I received the following 2 letters :
19.03.2012 Barclaycard(Posted from Stockport 2nd Class)informing me that the account has been passed to Moorcroft who are now handling the account and I should correspond with them
19.03.2012 Letter (!st class fro Stockport)Moorcroft threatening me with intended litigation(in bold letters!)

Please advise best course of action for me to take here.
Thanks
GM
21.03.2012 I2D^^^^^CCA Query - Letter Previously Confirming No CCA-----<send this with a copy of the letter you have......
21.03.2012 . Letter and attachments sent recorded today.
Thanks I2D

29.03.2012Letter received today from Moorcroft obviously ignoring ny letter with the enclosure.
This letter came in a yellow envelope(Piss coloured)with bold ref:IMPORTANT INFORMATION-POSSIBLE LITTIGATION.It shows a grid with costs if they were successful in entering a judgement.
What would be the response here please Niddy/I2D?
Thanks
GM
29.03.2012 Niddy says: send this:---> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
Thanks Niddy
29.03.2012 Letter: Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
going to get recorded del now.


Hi Niddy/I2D
06/07/2012 Received the repeat possible litigation from Moorcroft this is after they said its on hold whilst investigating.

Should I resend Threat by Creditor - Threat-o-Gram Letter Before Action , or ignore ?
Thanks
GM
6/07/2012 I2D .I Would re send this if it were me-----> CCA Query - Letter Previously Confirming No CCA
6/07/2012 Recorded and sent.
8/07/2012 They have received and signed

12/07/2012 Hi Niddy/I2D
12/07/2012 Received letter from Moorcroft,obviously ignoring my 2nd letter attaching BC cannot enforce letter.They are quoting CCA 78a re: true copy of their credit agreement on request.need not be an exact copy or photocopy etc etc.It goes on to remind me of Carey vs HSBC Bank the Judge agreeing that this is the correct interpretation.
They are therefore looking forward to my proposals within the next 14 days to discharge my liability.
They are clearly ignoring the BC letter 'currently unable to provide a copy of the t/c's...and therefore prevented from enforcing.........' this was back in Jan this year.
Plus they have also ignored the fact that they(BC)never sent any Tc's(didn't have any) and yet their opening para states that the docs sent by their client meets the requirements under Sec 78 CCA.
What response should I use or is it an ignore and wait and see?
Many thanks
GM
12/07/2012PEPE 2008 I would ignore them and save my postage. Had them trying exactly the same with me.

Or send them another copy of the BC letter with just a short note inviting them to, this time, read it and understand it and then come back to you with THEIR proposals.

It may well not be a reply to the letter that you recently sent as there are only 4 days separating this letter from Moroncroft and them having recieved the Recorded letter.
12/07/2012
Hi pepe2008
I think that ignoring them at this stage seems favourite as they clearly have not read what they have sent me and what I responded to(2)!!
I think that they are hoping that my knowledge of UE is about the same as theirs.
This is their reply to my recent letter as they had sent a 2nd 'Possible Litigation'letter last time(2nd time)and this is what I replied to(again).
Interesting to see they tried the same tact with you and no doubt many more besides.
Thanks pepe2008
23/07/2012
Hi Niddy/I2D

23/07/2012 Received letter from Moorcrap Headed in very large caps indeed-MONTHLY INSTALENT OFFER
Letter then goes on to threat -o-gram- style:
''As we have not received any communication from you re your o/s account...... In order to stop our recommending our clients that solicitors commence legal proceedings we are prepared to accept payments of £x per month.
failure to respond may leave us with no option but to recommend to our clients that theyconsider taking legal action against you.bla blah blah.
They have continually ignored my responses,'Account U/E see attached letter'
Whats the best response here as previously I ignored their request for my proposals to clear the account?
Thanks Niddy and I2D
GM Quote:


08/08/2012
Hi Niddy/I2D
Just received a letter from 'midas credit services' part of the Moorcroft Group.
Letter has big bold 'LITIGATION WARNING' It states that they are now reviewing the account prior to any possible legal action by external solicitors etc etc.
To prevent further action.......contact Moorcroft or failure to contact Moorcroft by 13th of this month may mean that a decision to proceed with legal action will be made.
What response should I now send as its clearly Moorcroft and trhey just keep ignoring my response?
Thanks
GM

8/08/2012 In2DeepI would send this now if it were me-----> Threat by Creditor - Enough is Enough Response
8/08/2012 Hi I2D Letter done and now going to record the delivery.
Thanks
GM

Hi Niddy/I2Deep
11/08/2012 Letter in response from Moorcroft,basically confirming that 'Barclays are unable to comply with my request due to age of account.They mention ICO has confirmed that whereas a Debtor is not obliged to repay the account due to the provisions of the CCA,this does not mean there was no enforceable agreement.We look forward to hearing from me etc etc with my proposal for dishcharging this liability.'
As I have written many times(see above)and finally with 'enough is enough' template do you agree that should I now ignore .?
It will no doubt get moved on.
GM
11/08/2012 : : I2Deep^^^^^I would just see what they do next

Hi Niddy/I2D
13/09/2012 New DCA on the scene Wescot:Big red headed letter :Notice of Debt Collection
In the body of this letter they say'To avoid Wescot Taking Furter Action etc,etc
What should I send(1) Sold whilst in Dispute or (2) Threat-o-gram before action or (3) Wait and see
Thanks
GM

[Deepie]

Re: Greymatter's ue Diary

Sold whilst in Dispute ..........thats what I would do..

[greymatter]

Re: Greymatter's ue Diary

Thanks I2D
I'm on my way to the PO,then it's on it's way.
Thanks
GM

[greymatter]

Re: Greymatter's ue Diary

[QUOTE=greymatter;228243][Quote]:
Originally Posted by greymatter
Barclaycard MasterCard

Type of account (credit card)

Date commenced (Approx 2000)

Approx Balance (£3000)

Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CSL)
Default Notice issued by Mercers acting as agents for BC(Sep 2003)
Account run by CSL

I will be requesting CCA by recorded delivery Monday 13th Feb 2012 and will update my diary when I receive anything.

Key:sent
received
other information

I left this response report until they had enough time to respond:

21/02/2012 Received letter from DCA informing me that they are referring this request to their client for copy documentation.

06/03/2012 As of today I still have not received anything. So I will stop payment before the due date and would this now be considered until they turn up the necessary docs?

03/04/2012 Still not received anything for this account .I have of course stopped payment .
Should I just sit tight?
My other diary for Barclays Select #72 is exacxtly the same.No response but payment definately stopped.
Sit tight here too?
03/04/2012 I2D just sit tight.....they are in defult of your CCA request....

21/05/2012 Received letter from BC account now passed to Robinson Way to manage collection.... they ask me to contact them as a matter of urgency!!!

CSL/BC have not supplied my CCA but CSL acknowledged receiving my request and have passed on to BC.However no CCA forthcoming.What is the best course of action ,ignore and wait or sold in dispute?

21/05/2012 Thanks Pixie.However the letter from BC has a black and white logo and the only address is Robinson Way in the main body of the letter.
Its signed but no address.
I'm not completely sure of the right address to respond to,although I have the writers name and position.
What do you recommend here or should I wait for RW to get in touch and hit them with the sold in dispute letter?

22/05/2012 I got a tel call today from RW I said put it in writing.I hung up.

I realised that the so-called BC letter I received yesterday was actually sent from RW as the address on the envelope(Saved and filed)gave RW address.
Is this the normal practice that the OC allows the DCA to use their logo and by this token are being bloody devious?

26/05/12 Letter from Robbersway 'Threat-O-Gram' A formal demand for payment They telephoned everyday but I did not pick up.
(In Caps!!)

This is where CSL wrote to me in Feb 2012 referring to BC for copy docs.Never got anything.
Whats the best course of action for this please?

22/05/2012 I2D..If it was me I Would send --------> Account Sold whilst in Dispute

26/05/2012 Letter sent recorded..and received.
08/06/2012 Letter from RWay 'Making enquiries ..in the meantime all collection activity will stop'
So now I will wait and see!
GM
8/06/2012 Niddy:nice one, keep us updated

2/8/12 :Letter received Sending account back to Barclays and they have confirmed that Barclays are aware of the reason why.

Hi Niddy/I2D
31/08/2012 Account now passed to Wetcloths ,big red letter heading etc etc.
Should I send Account sold in dispute letter?
Thanks
GM
31/08/2012 In2Deep^^^^^^^^^^^I would just so they know............

Hi Niddy/I2D
19/09/2012 Letter received direct from BC'Currently unable to provide copy of the terms of your credit agreement'...'therefore prevented from enforcing ouragreement with you whilst this state of affairs continues'

I will be filing this with immediate effect=
GM

[Deepie]

Re: Greymatter's ue Diary

Thats 2 today............

[greymatter]

Re: Greymatter's ue Diary

And more to come lets hope

[SaltnVinegar]

Re: Greymatter's ue Diary

19/09/2012 Letter received direct from BC'Currently unable to provide copy of the terms of your credit agreement'...'therefore prevented from enforcing ouragreement with you whilst this state of affairs continues'

I will be filing this with immediate effect=
GM

Great News GM!

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
I am trying to prove that when NW changed from Access to Mastercard that this would actually be classed as a 'Modification/Variation.'My account(alredy detailed in my diary) was opened in 1980(not as I first stated 2001).Paul says that I need to give him the 'Rabbit to pull out of the bag'#160.
I have read many articles covering this point of Modification and Variation and learnt that in the Manchester Waksman case he states 'If an agreement has been varied by the creditor under a unilateral power of variation,the creditor must still provide a copy of the original agreement,as well as the varied terms.'
Looking back on your reference to Access #154.Surely this the kind of thing I need to show.
So could you advise me as to whether I should write to NW to confirm that they did/did not vary/modify the tc's from 1980 to the current set of Mastercard tc's which they sent me.
As A point they actually have put my current address on the 'current' tc's .They should reflect the actual address at inception and I think this is also a point re pre 1985 cc.
I am sorry to keep on at this but I cannot accept that the change from Access to Mastercard is not a modyfication or variation.
Thanks Niddy
GM

[ScabHunter]

Re: Greymatter's ue Diary

Just to pick up on one thing I've noticed on this thread -

21/05/2012 Thanks Pixie.However the letter from BC has a black and white logo and the only address is Robinson Way in the main body of the letter.
Its signed but no address.
I'm not completely sure of the right address to respond to,although I have the writers name and position.
What do you recommend here or should I wait for RW to get in touch and hit them with the sold in dispute letter?

I realised that the so-called BC letter I received yesterday was actually sent from RW as the address on the envelope(Saved and filed)gave RW address.
Is this the normal practice that the OC allows the DCA to use their logo and by this token are being bloody devious?

My long standing Crapbot Farcical débâcle has now also been passed to Rob Way, and the Notice of Assignment was also forged in this case. Real letters from Crapbot have a yellow heading, and they use a different font from the one which the Rob Way forgers used. Crapbot letters also always give the date in the format “1st January 2000”, and not “01/01/2000” as the forgery has.

So, yes, it does seem that Rob Way routinely forge Notices of Assignment in a crude and obvious way. Cheap monochrome printing would you believe! If the regulators don't care, there's no reason why they should.

SH

[The Tech Clerk]

Re: Greymatter's ue Diary

Just to pick up on one thing I've noticed on this thread -



My long standing Crapbot Farcical débâcle has now also been passed to Rob Way, and the Notice of Assignment was also forged in this case. Real letters from Crapbot have a yellow heading, and they use a different font from the one which the Rob Way forgers used. Crapbot letters also always give the date in the format “1st January 2000”, and not “01/01/2000” as the forgery has.

So, yes, it does seem that Rob Way routinely forge Notices of Assignment in a crude and obvious way. Cheap monochrome printing would you believe! If the regulators don't care, there's no reason why they should.

SH

E.U. directive I believe stated that the new owner/collector may inform the debtor of the fact, sure others will clarify also.

[ScabHunter]

Re: Greymatter's ue Diary

E.U. directive I believe stated that the new owner/collector may inform the debtor of the fact

But should they do so in a deceptive way by blatantly forging the logo and letterhead of another business, to make it look as though a letter has in fact come from somewhere else?

In any reputable industry, this would definitely not be tolerated. In the sewer of attempted debt collection, however, it seems that the rats are free to use any tactics they choose.

SH

[The Tech Clerk]

Re: Greymatter's ue Diary

But should they do so in a deceptive way by blatantly forging the logo and letterhead of another business, to make it look as though a letter has in fact come from somewhere else?

In any reputable industry, this would definitely not be tolerated. In the sewer of attempted debt collection, however, it seems that the rats are free to use any tactics they choose.

SH

That is what seems to happen, at the end of the day whoever has informed you is either the new collector/owner and it would seem to have followed the directive whichever way/letter they use as long as an agreement between parties concerned nothing we can do, but go to the next stage??? sure others may update on that situation.

[greymatter]

Re: Greymatter's ue Diary

Hi everyone
I was asking about NW and not BC or RW.
Scabhunter you have picked up on a different thread to the one I am referring to.Its not RW its NW.
Cheers
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
Natwest NW got mixed with Robinson Way(NW)
Apologies for not stating NatWest but shortened it to NW.
However

Hi Niddy
I am trying to prove that when NW changed from Access to Mastercard that this would actually be classed as a 'Modification/Variation.'My account(alredy detailed in my diary) was opened in 1980(not as I first stated 2001).Paul says that I need to give him the 'Rabbit to pull out of the bag'#160.
I have read many articles covering this point of Modification and Variation and learnt that in the Manchester Waksman case he states 'If an agreement has been varied by the creditor under a unilateral power of variation,the creditor must still provide a copy of the original agreement,as well as the varied terms.'
Looking back on your reference to Access #154.Surely this the kind of thing I need to show.
So could you advise me as to whether I should write to NW to confirm that they did/did not vary/modify the tc's from 1980 to the current set of Mastercard tc's which they sent me.
As A point they actually have put my current address on the 'current' tc's .They should reflect the actual address at inception and I think this is also a point re pre 1985 cc.
I am sorry to keep on at this but I cannot accept that the change from Access to Mastercard is not a modyfication or variation.
Thanks Niddy
GM