Greymatter's ue Diary

[greymatter]

Re: Greymatter's ue Diary

Thanks Deepie
Will do

[greymatter]

Re: Greymatter's ue Diary

10th Jan 2014 UPDATE
Hi Niddy
Happy New Year to you.
I have received a copy of an agreement with no PT's.from Wilkin Chapman.The copy agreement is as before and you looked at what was sent by Arrow Global and suggested that I write back with missing PT's.
As this copy is exactly as sent before what should I respond with to this lot?
They have not even stated the outstanding amount and enclosed an old Annual Egg statement which is not relevant.Do you need to see this copy?
I look forward to your advice as always.
Thanks.
10/01/14 Deepie 'I'd resend Missing PT letter.'
10/1/14 Sent recorded.

UPDATE 21/1/14
Hi Deepie
Rec'd letter from Wilkin Chapman:
Basically what they say is 'we have provided a copy of Consumer Credit agreement which bears your signature,dated Dec 1999.This agreement constitutes your acceptance of the terms of the loan and your use of credit is further acceptance of these terms.'
It goes on to say ' we confirm they we have provided a copy of the last statement which is sufficient to confirm balance owing(Which incidently is wrong).
should I dispute that I owe the outstanding balance,please clarify your reasons for disputing the amount owed within 10 days'

So what would be my best response here as Niddy deemed it UE (See above)Missing PT's.
Many thanks
GM
I

[Never-In-Doubt]

Re: Greymatter's ue Diary

Ignore this, see what they send next.

[greymatter]

Re: Greymatter's ue Diary

Thanks Niddy
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
Keyent
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 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
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’ sent.
19/04/2013 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
letter from ARC Europe informing me that as I have not had any response from me
‘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
07/08/2013 Letter from Arrow informing me that account has been transferred to:Wilkin Chapman LLp and in future to correspond with them.
07/08/2013:MrsD: just be careful here Greymatter, as soon as this mob make contact I'd get the sold in dispute off.
15/08/2013
Letter received from Wilkin Chapman,please contact them to discuss,etc,etc. and contact them within 14 days.
As Mrs D suggested 'Sold in dispute 'going rec tomorrow.

24/08/13 Letter from Wilkin Chapman.They are requesting copies of 'agreement,statements and tc's.They reckon it will take up to 6 weeks.
My guess would be is that they will send the same as before which was UE.
I will not hold my breath!
10/01/14 I have received a copy of an agreement with no PT's.from Wilkin Chapman.The copy agreement is as before and you looked at what was sent by Arrow Global and suggested that I write back with missing PT's.
As this copy is exactly as sent before what should I respond with to this lot?
They have not even stated the outstanding amount and enclosed an old Annual Egg statement which is not relevant.Do you need to see this copy?
I look forward to your advice as always.

21/01/14 :Niddy Ignore this, see what they send next.

03/02/14
Hi Niddy
UPDATE:Letter from Wilkin Chapman:
They want me to contact them with an affordable payment plan.If no agreement reached they will recommend legal action be issued against me,quoting that I will incur legal costs court fees and if their client is successful in obtaining a Judgement against me then they would be able to proceed with enforcement action which includes CO Bailiff Attachment of Earnings etc.They are giving me 14 days from date of the letter in which I should contact them to discuss the account to prevent them recommending their client to issue legal proceedings.
So what would be my best course of action to take here Niddy?
Thanks
Greymatter

[Deepie]

Re: Greymatter's ue Diary

03/02/14
Hi Niddy
UPDATE:Letter from Wilkin Chapman:
They want me to contact them with an affordable payment plan.If no agreement reached they will recommend legal action be issued against me,quoting that I will incur legal costs court fees and if their client is successful in obtaining a Judgement against me then they would be able to proceed with enforcement action which includes CO Bailiff Attachment of Earnings etc.They are giving me 14 days from date of the letter in which I should contact them to discuss the account to prevent them recommending their client to issue legal proceedings.
So what would be my best course of action to take here Niddy?
Thanks
Greymatter

If it were me I'd send this---> Threat by Creditor - To Commence Litigation

[greymatter]

Re: Greymatter's ue Diary

Thanks Deepie,
appreciate your really quick response.
Will send Recorded tomorrow.
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
Keyent
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 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
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’ sent.
19/04/2013 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
letter from ARC Europe informing me that as I have not had any response from me
‘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
07/08/2013 Letter from Arrow informing me that account has been transferred to:Wilkin Chapman LLp and in future to correspond with them.
07/08/2013:MrsD: just be careful here Greymatter, as soon as this mob make contact I'd get the sold in dispute off.
15/08/2013
Letter received from Wilkin Chapman,please contact them to discuss,etc,etc. and contact them within 14 days.
As Mrs D suggested 'Sold in dispute 'going rec tomorrow.

24/08/13 Letter from Wilkin Chapman.They are requesting copies of 'agreement,statements and tc's.They reckon it will take up to 6 weeks.
My guess would be is that they will send the same as before which was UE.
I will not hold my breath!
10/01/14 I have received a copy of an agreement with no PT's.from Wilkin Chapman.The copy agreement is as before and you looked at what was sent by Arrow Global and suggested that I write back with missing PT's.
As this copy is exactly as sent before what should I respond with to this lot?
They have not even stated the outstanding amount and enclosed an old Annual Egg statement which is not relevant.Do you need to see this copy?
I look forward to your advice as always.

21/01/14 :Niddy Ignore this, see what they send next.

03/02/14
Hi Niddy
UPDATE:Letter from Wilkin Chapman:
They want me to contact them with an affordable payment plan.If no agreement reached they will recommend legal action be issued against me,quoting that I will incur legal costs court fees and if their client is successful in obtaining a Judgement against me then they would be able to proceed with enforcement action which includes CO Bailiff Attachment of Earnings etc.They are giving me 14 days from date of the letter in which I should contact them to discuss the account to prevent them recommending their client to issue legal proceedings.
So what would be my best course of action to take here Niddy?

4/03/14
Hi Niddy
UPDATE
Letter from Wilkin Chapman making several points which I will paraphrase for ease:
1) As far as their client is concerned I have not made a valid request(CCA sec 77)--I have and it was made 3/11/2011 and recorded and signed for.It was made at the time to Moorcroft.
2) Notwithstanding the above their client has already disclosed to me a true copy of the original loan agreement and statement showing amount due----this figure actually is wrong
3)They are basically knocking my response in raising technical points and go on to say that on the face of it it I have not disputed the fact that I entered into an agreement or received the loan.They say my argument is not sufficient for me to maintain that this claim is a lost cause.

They went on to say my legal argument in their view is wrong.That I am trying to avoid paying.
They now suggest that within 7 days I need to give them a realistic proposal for settling the outstanding amount,or their client will consider issuing court proceedings etc.
Their concluding point is :"It is neither party's interest to engage in such proceedings ....but they reserve the right to produce their letter to the court on the question of legal costs as evidence that I have so far(1) failed to make a valid and proper request ...sec 77 CCA and (2) failed to set out my grounds for disputing the debt"

Well Niddy thats about it.I have got copies of the original CCA request and original signed receipt of the recorded delivery.
Please would you give me some guidance as to what response I should issue.
Many thanks
Greymatter

[Deepie]

Re: Greymatter's ue Diary

4/03/14
Hi Niddy
UPDATE
Letter from Wilkin Chapman making several points which I will paraphrase for ease:
1) As far as their client is concerned I have not made a valid request(CCA sec 77)--I have and it was made 3/11/2011 and recorded and signed for.It was made at the time to Moorcroft.
2) Notwithstanding the above their client has already disclosed to me a true copy of the original loan agreement and statement showing amount due----this figure actually is wrong
3)They are basically knocking my response in raising technical points and go on to say that on the face of it it I have not disputed the fact that I entered into an agreement or received the loan.They say my argument is not sufficient for me to maintain that this claim is a lost cause.

They went on to say my legal argument in their view is wrong.That I am trying to avoid paying.
They now suggest that within 7 days I need to give them a realistic proposal for settling the outstanding amount,or their client will consider issuing court proceedings etc.
Their concluding point is :"It is neither party's interest to engage in such proceedings ....but they reserve the right to produce their letter to the court on the question of legal costs as evidence that I have so far(1) failed to make a valid and proper request ...sec 77 CCA and (2) failed to set out my grounds for disputing the debt"

Well Niddy thats about it.I have got copies of the original CCA request and original signed receipt of the recorded delivery.
Please would you give me some guidance as to what response I should issue.
Many thanks
Greymatter

If it were me I'd send this---> Threat by Creditor - Threat-o-Gram Letter Before Action

[greymatter]

Re: Greymatter's ue Diary

Hi Deepie
Many thanks,but is not this letter almost identical toThreat by Creditor - To Commence Litigation as I have previously sent this last time.Or have I missed a point and if so do I simply reproduce theThreat by Creditor - Threat-o-Gram Letter Before Action .Many thanks
Greymatter

[Deepie]

Re: Greymatter's ue Diary

Hi Deepie
Many thanks,but is not this letter almost identical toThreat by Creditor - To Commence Litigation as I have previously sent this last time.Or have I missed a point and if so do I simply reproduce theThreat by Creditor - Threat-o-Gram Letter Before Action .Many thanks
Greymatter

Sorry I missed that .....or you could send this ---> Threat by Creditor - Enough is Enough Response

[greymatter]

Re: Greymatter's ue Diary

Thanks Deepie
Letter recorded del tomorrow am,for sure.
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Deepie
Do I need to add that I did request my CCA with the date and the fact that it was signed for,or not bother at this stage?
GM

[Deepie]

Re: Greymatter's ue Diary

Hi Deepie
Do I need to add that I did request my CCA with the date and the fact that it was signed for,or not bother at this stage?
GM

If you want to put that bit in...I can't see it doing any harm...

[greymatter]

Re: Greymatter's ue Diary

Thanks
Its just to remind them that what they think has not been done,when in fact it has of course.
Just a bit more belt and braces!
Thanks Deepie
GM