Greymatter's ue Diary

[ScabHunter]

Re: Greymatter's ue Diary

Hi SH
Got letter today from Moorcroft :Instructed by Barclays to collect etc,etc,.
SWID to go today.

That's it, GM. All routine and expected. This rabble are a known quantity who are featured extensively on these threads, so there shouldn't be any nasty surprises.

Good luck with it.

SH

[greymatter]

Re: Greymatter's ue Diary

Thanks SH
Letter now sent rec del.

[greymatter]

Re: Greymatter's ue Diary

Barclayloan
Type of account (Loan)
Date commenced (Approx 2000)
Approx Balance (£4500)
Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclay(Feb 2004)
Account original passed to CDCS
No statement or balance issued since 2005
Key:Green=My response
Red=OC/DCA response
Black=My comments/dates
08/08/2012: CCA request sent this morning by special delivery
31/08/2012: The 12+2 days are up.
12/11/2012: Letter from Barclays informing me that they are transferring the debt collection responsibility to BCW Group
12/11/2012: In2Deep:I would wait until you here from BCW then hit them with the Account in Dispute letter..........
15/11/2012:Letter received today fro BCW plus 2nd phone call.Letter sent SWID
25/11/12: Letter received , account on hold whilst being investigated.
14/12/12: Letter received BCW want more time(4weeks) to investigate
15/01/2013 Letter informing me that BCW have closed the matter on their system and no further contact will be made by their office.
UPDATE:
7/05/2013 Letter from Barclays now getting Moorcroft to manage account.
Should I wait for usual spate of phone calls and letters before sending SWID response??
Thanks
8/05/2013: ScabHunter:That's it, GM. All routine and expected. This rabble are a known quantity who are featured extensively on these threads, so there shouldn't be any nasty surprises.
Good luck with it.
8/5/2013:SWID rec del sent.

UPDATE:
11/05/2012
Hi Niddy,I have received a reply from Moorcroft in response to my SWID letter,they are asking me to pay £1 for the a copy of my CCA.Are they bloody stupid as this was requested back in August 2012,originally with CDCS who simply put it to Barclay who in turn sent account to BCW for collection.I sent a SWID to BCW ,they contacted Barclays and BCW did not get a response from Barclays so they returned the account to them,closing it with me.Now Barclays have involved Moorcroft and they are asking for a £1 fee.Bo***Ks
I have the receipt of the original £1 PO and recorded delivery
What response (if any)should I send.
Many thanks
GM

[ScabHunter]

Re: Greymatter's ue Diary

What response (if any)should I send.
Many thanks
GM

If it is a response to the SWID letter it is a bloody rapid one. Three days? It is more than likely that the letters crossed in the post.

This is a standard Moroncrap tactic which I've seen many times before.

“Dear Sirs,

I am in receipt of your letter of xxth May 2013, but I am unable to understand its contents. You reference the possibility of submitting a request for information pursuant to Section 77 of the Consumer Credit Act 1974, when you must be aware from previous communications that such a request would be entirely superfluous.

A request of this type was forwarded to Barclays on 8th August 2012, and this remains in default. While the default endures, enforcement is prohibited. Please refer to my previous letter of 8th May 2013.

Yours Faithfully,”

SH

[greymatter]

Re: Greymatter's ue Diary

Hi SH
First,thanks for your response,I will get this recorded del Monday am.
Yes very speedy response but they used 1st class postage.They also started the usual phone calls ,these are recorded and logged but never answered!.
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Paul
I just read that you are going into hospital. Hopefully its an in and out situation for you.Take care matey.
GM

[greymatter]

Re: Greymatter's ue Diary

Barclayloan
Type of account (Loan)
Date commenced (Approx 2000)
Approx Balance (£4500)
Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclay(Feb 2004)
Account original passed to CDCS
No statement or balance issued since 2005
Key:Green=My response
Red=OC/DCA response
Black=My comments/dates
08/08/2012: CCA request sent this morning by special delivery
31/08/2012: The 12+2 days are up.
12/11/2012: Letter from Barclays informing me that they are transferring the debt collection responsibility to BCW Group
12/11/2012: In2Deep:I would wait until you here from BCW then hit them with the Account in Dispute letter..........
15/11/2012:Letter received today fro BCW plus 2nd phone call.Letter sent SWID
25/11/12: Letter received , account on hold whilst being investigated.
14/12/12: Letter received BCW want more time(4weeks) to investigate
15/01/2013 Letter informing me that BCW have closed the matter on their system and no further contact will be made by their office.
7/05/2013 Letter from Barclays now getting Moorcroft to manage account.
Should I wait for usual spate of phone calls and letters before sending SWID response??
8/05/2013: ScabHunter:That's it, GM. All routine and expected. This rabble are a known quantity who are featured extensively on these threads, so there shouldn't be any nasty surprises.
Good luck with it.
8/5/2013:SWID rec del sent.
11/05/2012
Hi Niddy,I have received a reply from Moorcroft in response to my SWID letter,they are asking me to pay £1 for the a copy of my CCA.Are they bloody stupid as this was requested back in August 2012,originally with CDCS who simply put it to Barclay who in turn sent account to BCW for collection.I sent a SWID to BCW ,they contacted Barclays and BCW did not get a response from Barclays so they returned the account to them,closing it with me.Now Barclays have involved Moorcroft and they are asking for a £1 fee.Bo***Ks
I have the receipt of the original £1 PO and recorded delivery
What response (if any)should I send.
11/05/2013:SH:If it is a response to the SWID letter it is a bloody rapid one. Three days? It is more than likely that the letters crossed in the post.
This is a standard Moroncrap tactic which I've seen many times before.
“Dear Sirs,
I am in receipt of your letter of xxth May 2013, but I am unable to understand its contents. You reference the possibility of submitting a request for information pursuant to Section 77 of the Consumer Credit Act 1974, when you must be aware from previous communications that such a request would be entirely superfluous.
A request of this type was forwarded to Barclays on 8th August 2012, and this remains in default. While the default endures, enforcement is prohibited. Please refer to my previous letter of 8th May 2013.
Yours Faithfully,”
13/05/2013:Recorded delivery sent on the lines of SH recommended reply.
14/05/2013:Signed receipt obtained.
UPDATE:
16/05/2013:Letter from M/Crft suspending follow-up action.Awaiting response from Barclays.

[greymatter]

Re: Greymatter's ue Diary

Type of account (Loan Account)
Date commenced ( 2002)
Approx Balance (£13600)
Last made a FULL payment (July 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclays(Feb 2004)
Account originally run by BC/CDCS
Key:sent
received
My Comments
AAD Comments
15/05/2012 :Special delivery CCA requested
31/05/2012 :Hi Niddy: Letter received from Barclays and they have in the first place stated:'Sec 77 and 78 of the CCA1974(as amended) do not require Barclays Bank to provide you with a signed original form of the agreement and .......not the policy of Barclays Bank to provide this'
They are however pleased to provide me with a copy of the agreement and financial statementas the Act does not require them to supply me with a signed original'
However what they sent me was a set of TC's with figures filled in and various other hand filled details. Thanks
01/06/2011: Niddy: Barclays - this is a mock-up. There is a hand written form undated for a small loan that is linked to a different product via account reference and comes with no PT's.
Basically Barclays have got confused and made this out to be an original using a reference number for a newer product that was a different loan and came with PPI. Confused? Yep, so are we totally.
Respond with --->Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
12/10/2012:Letter from Barclays telling me that the responsibility for collecting has been passed to CSL . Shall I wait for response or send sold while in dispute letter.
I would wait until they write to you........... Quote:
Hi Niddy/I2D
25/10/2012 :Letter now received from new DCA handling the collection etc .etc.
Should I send 'sold while in dispute' letter
Thanks
25/10/12: In2Deep :I would if it were me..........
25/11/12: Thanks I2D Letter going now!
25/11/12 :Hi Niddy/I2Deep
Received a letter from Barclays and within their opening paragraph they say ’I am unable to uphold your complaint and provide a signed copy of the agreement’
They then remind me that the debt is being held by CSL .
I received at the same time a letter from CSL offering me ‘opportunity to clear your debt at a reduced rate’
Finally: they state’ Failure to contact them will result in our recommendation for further action on your account’
I am reading the Barclays opening statement as an admission of no CCA,do you agree?
What response is needed here and does it go to CSL only?
Many thanks
25/11/2012:Scabhunter: If I was in this situation, I would just send a copy of the Missing Prescribed Terms template to CSL.
25/11/12: Sent [QUOTE]
03/12/2012: Hi Niddy/I2D
Received letter from CSL'If I dont respond within 7 days the account will be returned to Barclays for further action.The further action could include selling of your debt.Once sold you will no longer deal with Barclays regarding this debt.Any action pursued by the new owner to recover etc etc becomes their responsibility'
Any response needed?
3/12/2012: Niddy:I would just send a copy of their cover letter, thats all.
13/12/2012:Hi Niddy /I2D Received letter from Power 2 Contact big bold black heading’FORMAL NOTICE OF INTENDED VISIT’
Strange to get this when CSL stated above that they were returning account to Barclays.
I have previously sent the doorstep visit letter.
Barclays previous letter stating that they are unable to supply a signed copy of the agreement(see above)
What response is now needed as they are going round in circles.
13/12/2012 I2D send Harassment &Threat of doorstep-visit.
13/12/2012 Ref to this letter resent.
25/03/2013 Account now passed to Moorcroft.
I will wait for contact from them before doing anything.
26/03/2013 Letter received from Moorcroft usual 'pay up without delay or they will recommend to their client that further debt recovery action be undertaken.
26/03/2013 Letter sent SWID
Update:
Letter from Moorcroft referring back to OC re my query


6/4/13 Vint1954:Another one that will run away soon

15/04/2013 Received letter from Moorcroft informing me that Barclays Bank have advised them that they are unable to provide a copy agreement due to the age of the account .They go on to say they will put on temp hold to allow time for receipt of the letter and then contact them to discuss payment or follow up of the account will recommence.
What would be the best respone to this please.
Salt& Vinegar:The best response to that would be to keep a copy of that letter safe as they have now admitted its UE!
You could send the UE - final response letter which effectively tells them to bugger off. They will no doubt give you a little bit of hassle but now they know its UE, and they have admitted as such you can chillax a little with this one
UE-final response sent recorded.

22/04/2013
:Received letter from Moorcroft confirming: that Barclays no longer have a copy of my agreement.It is also BC understanding that they are not legally obliged to retain documentation of this nature for more than six years.
The letter goes on to inform me that the Information Commissioners has confirmed that whereas a debtor may not be oblidged to repay the account due to the provisions of the CCA,this does not mean that there was no enforceable agreement.
They go on to refer me to the McGuffick case re unenforceability etc.plus recent case in Manchester the Judge stated that the absence of a signed agreement is no evidence that such an agreement was not made.
Finally :..balance is correct and due for payment…please contact our offices to discuss your account further.
What response would be needed here Should I respond with Creditors refusal to accept UE or ignore or what would you suggest please.
22/04/2013 Pixie: Ignore
Hi SH/Niddy
01/05/2013 After a week of phone calls,logged but not answered I have received a letter from Moorcroft as follows:Capital letters almost double Bold:’Important Information-Possible Further Action’
It goes on to tell me that if I want to prevent further debt recovery action,to contact them.
If you do not contact us on receipt of this letter…………….recommend to our client…consider possible further debt recovery action which may follow.
Contact now to discuss payment plan or substantial discount.
Please advise as to suitable reply as on their own admission from OC they do not have a copy of my agreement.
Thanks
01/05/2013Deepie:I Would send this if it were me----->Letter Previously Confirming No CCAwith a copy of the letter you have..
2/05/2013:Letter sent recorded


UPDATE 23/05/2013:Hi Niddy/SH
Letter from Moocroft re confirming that Barclays no longer keep a copy of CCA documents,they go on to say’Our clients have confirmed this balance is correct and due and feel that your insistence on requesting documents………….no longer available,is simply a method of debt avoidance ……….Request that I contact……….pay balance’
Please advise on suitable response please.
GM

[Deepie]

Re: Greymatter's ue Diary

If it were me I'd just ignore that letter......

[greymatter]

Re: Greymatter's ue Diary

Thanks Deepie
Will do no problem
GM

[greymatter]

Re: Greymatter's ue Diary

Arrow (was EGG)
Type of account (Loan with PPI)
Date commenced (Approx 1999)
Approx Balance (£3000)
Last made a FULL payment (Apl 2003)
Paying by arrangement with DCA(Moorcroft)
Default Notice issued by Egg(May 2003)
Account run by ARC
Key:sent
received
My comments
Been paying token payment for a few years.
25th June 2011 Egg assigned the account to Arrow Global
30/01/2012 CCA requested by recorded delivery
10/02/2012 Received letter from DCA informing me that the OC cannot produce my agreement.
I have responded with Final Response - UE (No CCA Received)
27/02/2012 Received response from Moorcroft' They advise me that they no longer deal with this account.For avoidance of doubt I should resubmit my request to the client.Arrow Global(Britannica Recoveries)=ARC Europe
27/11/2012
Hi Niddy
I have received a copy of my agreement and terms and conditions,these I have EM'd to you for your opinion and course of action.
1/12/2012 From Niddy:Hi
Regards s.18 - I don't know if it will be as simple as that, Paul was teaching me this but it's rather complex and to be honest I am rather busy to learn it anyway.... but it's not as simple as we used to think, ie separate PPI to loan terms - that apparently does not affect s.18.
For now don't worry about this too much. I don't think s.18 will apply here.
1/12/2012: I know you never got separate terms for PPI, nobody did
The terms are a recon of the current terms, problem though - there is nothing there about default rates, defaulting you, sharing info - nothing.
Hence, they are not the original terms. This is UE
Chill
My apologies.
However there was only one set of tcs and that is all.
Niddy : Doesn't matter mate, the ones they sent are UE hence respond as follows ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
04/12/2012:Rec del ‘Missing PTs’
19/04/2013:Hi Niddy
Letter from ARC EUROPE basically telling me that the docs they provided are valid and comply with CCA.They have viewed my signed agreement to the Terms and Conditions.
Goes on to : I should make arrangements to pay by affordable instalments with an IE sheet.
They wish to make it quite clear that unless a payment is made within 30 days along with a firm offer to clear the balance they will obtain clients instructions on what further action they want ARC to take.
What response should I send to this letter please?
19/04/2013 Niddy:I'd just wait and see what they send next and we'll take it from there.....

UPDATE:23/05/2013
Hi Niddy:
I have hade one recorded message today and a letter from ARC Europe informing me that as I have not had any response from me they are now oblidged to report this to their client with regards to further action they must now take.
They go on to say that if I do want to contact them before they refer the matter to their client I should call them and ensure that I reach an agreement within the next 14 days.
‘Please do not ignore the contents of this letter or the time limits we have referred to’
Niddy,what would be my response to this please?
Thanks
GM

[MrsD]

Re: Greymatter's ue Diary

just to keep em happy and to spin it out, I'd do a one liner referring them to your missing pts letter. You know the drill

Dear Shytebags

I am in receipt of your letter of blah blah, may I refer you to the content of my letter dated blah blah

Yours

loadsagreymatter (which they obviously lack)

[greymatter]

Re: Greymatter's ue Diary

Thanks MrsD
Will do
GM

[greymatter]

Re: Greymatter's ue Diary

Arrow (was EGG)
Type of account (Loan with PPI)
Date commenced (Approx 1999)
Approx Balance (£3000)
Last made a FULL payment (Apl 2003)
Default Notice issued by Egg(May 2003)
Account run by ARC
Key:sent
received
My comments
Been paying token payment for a few years.
25th June 2011 Egg assigned the account to Arrow Global
30/01/2012 CCA requested by recorded delivery
10/02/2012 Received letter from DCA informing me that the OC cannot produce my agreement.
I have responded with Final Response - UE (No CCA Received)
27/02/2012 Received response from Moorcroft' They advise me that they no longer deal with this account.For avoidance of doubt I should resubmit my request to the client.Arrow Global(Britannica Recoveries)=ARC Europe
27/11/2012
I have received a copy of my agreement and terms and conditions,these I have EM'd to you for your opinion and course of action.
1/12/2012 From Niddy:Hi
Regards s.18 - I don't know if it will be as simple as that, Paul was teaching me this but it's rather complex and to be honest I am rather busy to learn it anyway.... but it's not as simple as we used to think, ie separate PPI to loan terms - that apparently does not affect s.18.
For now don't worry about this too much. I don't think s.18 will apply here.
1/12/2012: I know you never got separate terms for PPI, nobody did
The terms are a recon of the current terms, problem though - there is nothing there about default rates, defaulting you, sharing info - nothing.
Hence, they are not the original terms. This is UE
Chill
My apologies.
However there was only one set of tcs and that is all.
Niddy : Doesn't matter mate, the ones they sent are UE hence respond as follows ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
04/12/2012:Rec del ‘Missing PTs’
19/04/2013:Hi Niddy
Letter from ARC EUROPE basically telling me that the docs they provided are valid and comply with CCA.They have viewed my signed agreement to the Terms and Conditions.
Goes on to : I should make arrangements to pay by affordable instalments with an IE sheet.
They wish to make it quite clear that unless a payment is made within 30 days along with a firm offer to clear the balance they will obtain clients instructions on what further action they want ARC to take.
What response should I send to this letter please?
19/04/2013 Niddy:I'd just wait and see what they send next and we'll take it from there.....
23/05/2013
Hi Niddy:
I have hade one recorded message today and a letter from ARC Europe informing me that as I have not had any response from me they are now oblidged to report this to their client with regards to further action they must now take.
They go on to say that if I do want to contact them before they refer the matter to their client I should call them and ensure that I reach an agreement within the next 14 days.
‘Please do not ignore the contents of this letter or the time limits we have referred to’
Niddy,what would be my response to this please?
23/05/2013:MrsD: just to keep em happy and to spin it out, I'd do a one liner referring them to your missing pts letter. You know the drill
Dear Shytebags
I am in receipt of your letter of blah blah, may I refer you to the content of my letter dated blah blah
Yours
loadsagreymatter (which they obviously lack)
24/05/2013 :One liner sent and signed for on 28/05/2013

30/05/2013
UPDATE:Letter received today dated 28/05/2013.This is actually in response to my one liner.
They have simply ignored the SWID letters and inform me that in their previous letter they were instructed that the documents provided are valid and comply with the Consumer Credit Act.they then state: ‘’ Unfortunately we are unable to assist further on this matter.Please therefore address any further correspondence on this matter to our client directly.’’
They then ask me to send them a financial statement and payment proposals to their office.
Finally they are giving me 30 days in which to make a payment along with a firm offer to clear the rest of the overdue balance……….!!!

Should I respond or sit tight?
Thanks
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Deepie
What do you think should I do about this one please?
Thanks
GM