Pip's UE Diary

[Pip]

Re: Pip's UE Diary

Pip's account no. 7
Sainsbury's
Start date: June 2004
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Feb 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request sent to Sainsbury's Bank (Royal Mail delivery conf. printed)
JAN CCA received-- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter to Sainsbury's
FEB Letter from Blair, Oliver & Scott Payment not received // Failure to give attention to this will result in further action
FEB Letter from Sainsbury's We have complied with s.78 // I disagree that the application is unreadable // Agreement is and will remain enforceable // Full balance is due and in arrears
MAR Letter from Blair, Oliver & Scott Payment in arrears // Must pay immediately // Failure will result in your plan being cancelled and further action to recover debt. This may include door-to-door recovery agent to call at your address; court action to seek a judgment -- if successful we could seek an order allowing us to collect money direct from your employer or if you are a homeowner applying to court for a charging order on your property. Call today // payment can be made by CREDIT CARD
MAR Sent Threat-o-Gram Letter Before Action

Another one:

MAR Letter from Blair, Oliver & Scott DO NOT IGNORE // Urgently trying to contact you // you do not appear to have responded to our requests for payment or provided acceptable repayment proposals // Call "helpline" below to speak to our agents // We urge you to sort this issue out immediately to prevent us taking further action. This may include doorstep collectors/court action/charging order.

Threat-o-Gram before action letter has crossed in the post so I'll await their response to that!

[Pip]

Re: Pip's UE Diary

Pip's account no. 6
RBS Mint
Start date: March 2000
Balance as of Dec 2011: approx. £5,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Nov 2010.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA Request sent to RBS
JAN CCA received -- emailed Niddy --Niddy says (post #92)
JAN Sent Missing Prescribed Terms letter
FEB Received letter from RBS: We have met our obligations under s78(1). We see no reason to enter into further correspondence about alleged CCA breaches. We do not consider this account to be in dispute. Contact CAB or similar if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).

This lot have been quite quiet, until I received this:

MAR Letter from RBS: (and a terse one at that): THIS IS A FINAL DEMAND FOR PAYMENT // We currently require £xxxxxx.xx from you. If we do not receive payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage, this can be prevented and we are still willing to discuss a payment programme.

Wondering what this actually means (just a DCA muppeting around or something more serious), and what sort of response (if any) is appropriate?

[swanfan]

Re: Pip's UE Diary

Wondering what this actually means (just a DCA muppeting around or something more serious), and what sort of response (if any) is appropriate?

Just wait to see what they do next.

[Pip]

Re: Pip's UE Diary

Just wait to see what they do next.

Thanks swanfan!
Any suggestions re. Arden's (post 174)? It's my first dealing with a DCA that's bought the account -- or should I say "their client" is not the OC but some outfit that bought one of MBNA's many accounts they've recently offloaded ...

[swanfan]

Re: Pip's UE Diary

This has arrived this weekend; the first one of their letters worth responding to:

MAR Letter from Arden "Credit Managment": I am very concerned that you have not taken steps to address balance referred to in previous letter // Failure to come to an acceptable arrangement could result in sending someone to your address to discuss matter in person, passing account to solicitors to obtain judgment and enforcement action in line with your circumstances (e.g. charging orders/attachment of earnings). These have potential for increasing your current balance as charges for someone to speak to you in person would be added to your amount owed. CCJs will impact credit rating etc. This is an extremely urgent matter and one you should not ignore. To avoid any potential additional charges or negative impact to credit file, contact us ...

There is no mention of who the OC is/was for this account (MBNA). Wondering which letter should go out in response to this (I'll put a doorstep threat letter in as well) ... something along the lines of "Who the hell are you" might be appropriate (or not!) .
Thanks!

Thanks swanfan!
Any suggestions re. Arden's (post 174)? It's my first dealing with a DCA that's bought the account -- or should I say "their client" is not the OC but some outfit that bought one of MBNA's many accounts they've recently offloaded ...

I'd send this--> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

[Pip]

Re: Pip's UE Diary

I'd send this--> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Thanks Swanfan -- Woo! Multi-quote! (I've forgotten how to use it ..!)
I had another look at the templates and found this:
---> Our Templates | Harassment & Intimidation Templates | You know nothing of the Debt / Prove It

I wonder what you and others might think about sending that one first as there is no mention of the OC (MBNA) and it's a completely different a/c number. I know this might all be immaterial, but I wonder if it's worth giving them the runaround to begin with as MBNA have only very recently sold it (and not sent a NoA)? Or is that all a bit too cheeky and upstarty? I would like the parasite debt purchasers to Prove It though ..! If OCs offered debtors directly the same price that they sell these things to DCAs for ...

[swanfan]

Re: Pip's UE Diary

I wonder what you and others might think about sending that one first as there is no mention of the OC (MBNA) and it's a completely different a/c number. .

DCAs will often give an account they're chasing their own reference number.

[Pip]

Re: Pip's UE Diary

Not sure if you've seen this thread dedicated to MBNA selling accounts ---> What to do when your account is Assigned? - allaboutFORUMS

Thanks FP -- yes I'd seen that thread (it's gone a bit quiet). I'm probably just being a bit stubborn and given that I've got threatening letters from X DCA working on behalf of Y Company who's working on behalf of Z new owner of the debt (and Z is not mentioned anywhere in any of the recent letters I've received) ... I'm tempted to write to X and tell them that I do not know of any debt or account with Y, and for the twazzocks to prove it. I might be wasting the price of a stamp but I slightly resent the way they come in guns-a-blazing demanding this and that when there's no explanation of who the f*ck they are (even though looking back through the letter trail I can eventually see it was MBNA). But I'd rather let THEM do to the legwork and prove to me how this is a legitimate debt they're pursuing. I'll then eventually tell them it's in dispute with MBNA ....

Might buy some time if nothing else, but then I've got a long long way to go before SB appears on the horizon.


Oh, wait, no -- there she is!

[Pip]

Re: Pip's UE Diary

Pip's account no. 3
Lloyds TSB
Start date: Jan 2004
Balance as of Dec 2011: approx. £13,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued November 2010.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request letter sent to Lloyds TSB (Royal Mail delivery conf. printed)
JAN Letter from B*L*S*** Collections saying payment plan is now in arrears [payment into DMP reduced in December]. "To avoid action, blah, make payment with debit or CREDIT CARD. Contact CAB or CCCS."
JAN Identical letter to one above from B*L*S*** Collections, dated/arriving one day later
JAN Reply to CCA request received from Lloyds TSB -- Niddy says !
JAN Sent Missing Prescribed Terms letter
JAN Letter from BLS Collections saying "It is essential that you telephone BLS Collections TODAY. " in capitals, bold AND underlined! [this is due to reduced payment they received last month. Payments have now stopped altogether]
JAN Letter from BLS Collections: "Repayment plan you agreed to is still overdue. We have previously reminded you about the money and you must pay the amount outstanding straight away. If you don't pay the outstanding amount to bring your account back on track within 10 days you will fall further into arrears etc./payment plan will be cancelled and full balance will be due. They're Lloyds TSB's inhouse DCA/letter printing machine -- do I need to respond to this? See also Lloyds TSB letter received below
JAN Letter from Lloyds TSB: According to our records we supplied reconstituted copies of the agreement in place at the time the account was opened and the one currently in place. By providing these copies, we satisfied our obligation under s.78. // The regulations define what is required of a "copy". Whilst regulation 3 provided "every copy" of an executed agreement... shall be a true copy". [sic -- sentence ends there] Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature. // In summary, to comply with s.78, copy does not need to be a copy with the customer's signature on it. We do not have to produce an actual copy of the document signed. Purpose of s.78 is to allow debtors access to their T&Cs and by providing this we have complied with s.78 // We have no obligation to provide a signed copy of the agreement. The fact that we haven't provided one doesn't mean you are relieved of the obligation to make payments pursuant to the agreement. // At the moment we are unable to trace a copy of the signed application form therefore we are not in a position to provide a copy at this time. However we can confirm our procedure has always been to obtain our customer's signature to an agreement containing the PTs before entering into a credit card agreement. As such we are confident that the agreement remains enforceable. // We do not agree that the agreement is unenforceable. As such we will not write off the existing balance on the agreement or pay your costs in relation to this matter. <Blah adverse credit history will remain, further adverse notations will be added If your client [I'm "my" client?] defaults against the required payments. // We note your comment that the copy of the executed agreement does not contain all the prescribed terms pursuant to the CCA and the Consumer Credit (Agreement) Regulations 1983. The Bank's agreements have always complied with the requirements of all relevant legislation and we are confident in our ability to demonstrate this. As such, your client's agreement is enforceable and they should continue to make payments when they become due. // I note your comments regarding the legibility of the copy of the original signed CCA that we sent to you [they didn't send one]. We are entirely confident that the agreement would have been fully legible when you originally signed it. In addition, any information that you claim is missing would have been detailed in the copy of your executed agreement which was sent. // The quote you have selected from the judgement in Carey must be read in context. The judge was commenting on the need to provide historic as well as current T&Cs. The Carey decision went on to define what was meant by a true copy of an agreement and set out that this did not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed credit agreement. Indeed sectino 180(1)(b) and regulation 3(2) of the Cancellation Notices and Copies of Documents Regulations expressly allow certain matters to be omitted from this copy. These include any signature box, signature or date of signature. // May I remind you, failure to make payments will result in collection activities/be reported to CRAs etc. Financial Ombudsman leaflet enclosed // Signed by a real human with a real biro!
FEB Letter from B*L*S*** Collections: Essential that you call BLS TODAY.
FEB Letter from B*L*S*** Collections: In arrears // Failure to contact may result in court proceedings, door-to-door collections agent
FEB Sent Threat-o-Gram Letter Before Action
MAR Letter from B*L*S*** Collections: Essential that you call BLS TODAY.

Uh oh. BLS have cranked up the nastiness:

MAR Letter from B*L*S*** Collections: We wrote to you recently and can only assume, due to your lack of contact, that you have no intention of paying this debt on a voluntary basis. // If you do not contact us on the above telephone number within the next 14 days, you will force us to commence legal action against you. This will occur additional fees and cost, estimated to be a minimum of £290. // If a CCJ is obtained and you fall into arrears, we will ask the court to enforce by: Warrant of Exectution (bailiff coming to you home to take goods), Attachment of Earnings (money being deducted directly from your salary), Charging Order (ensure that payment of this debt will be paid in full should you re-mortgage or sell your property). // We are determined that this debt will be repaid, preferably through mutual agreement. However, if this is not the case, by the action described [sic]. Please contact us if you wish to avoid this action. Payment by CREDIT/debit card.

I did write them by recorded post about a month ago, but the Royal Mail website says it's still "being processed through our network". I do of course have the post office receipt with their address and postcode printed on it. Wonder what to do? Send copies of what I sent a month ago?

Thanks!

[Never-In-Doubt]

Re: Pip's UE Diary

Uh oh. BLS have cranked up the nastiness:MAR Letter from B*L*S*** Collections: We wrote to you recently and can only assume, due to your lack of contact, that you have no intention of paying this debt on a voluntary basis.

send this back ---> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[CleverClogs (RIP)]

Re: Pip's UE Diary

And tell Consumer Direct about this, as telling a debtor to pay with a credit card - and hence increase their debts elsewhere - contravenes the OFT Debt Collection Guidelines.

[Never-In-Doubt]

Re: Pip's UE Diary

I'm aware you sent this in Feb but send again to cover yourself......

As for Consumer Direct, not yet - keep that one up your sleeve for now

[Pip]

Re: Pip's UE Diary

I'm aware you sent this in Feb but send again to cover yourself......

As for Consumer Direct, not yet - keep that one up your sleeve for now

Thanks Niddy and Cloggy!
It came in a Mailsort envelope, but it's BLS and they always were useless at replying. I'll send them the whole lot again tomorrow. I think BLS stands for Bloody Load of Shight.

[Pip]

Re: Pip's UE Diary

Pip's account no. 7
Sainsbury's
Start date: June 2004
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Feb 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request sent to Sainsbury's Bank (Royal Mail delivery conf. printed)
JAN CCA received-- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter to Sainsbury's
FEB Letter from Blair, Oliver & Scott Payment not received // Failure to give attention to this will result in further action
FEB Letter from Sainsbury's We have complied with s.78 // I disagree that the application is unreadable // Agreement is and will remain enforceable // Full balance is due and in arrears
MAR Letter from Blair, Oliver & Scott Payment in arrears // Must pay immediately // Failure will result in your plan being cancelled and further action to recover debt. This may include door-to-door recovery agent to call at your address; court action to seek a judgment -- if successful we could seek an order allowing us to collect money direct from your employer or if you are a homeowner applying to court for a charging order on your property. Call today // payment can be made by CREDIT CARD
MAR Sent Threat-o-Gram Letter Before Action
MAR Letter from Blair, Oliver & Scott DO NOT IGNORE // Urgently trying to contact you // you do not appear to have responded to our requests for payment or provided acceptable repayment proposals // Call "helpline" below to speak to our agents // We urge you to sort this issue out immediately to prevent us taking further action. This may include doorstep collectors/court action/charging order.

What a quiet week it's been on the postal front! I thought I was going to make through to Monday and have a complete -free week (phone calls and texts notwithstanding), but this came in today:

MAR Letter from Blair, Oliver & Scott YOUR IMMEDIATE ACTION IS REQUIRED // You have failed to respond to our requests for full payment and not contacted this office with acceptable repayment proposals. Because of this your debt will be prepared for further action if you do not contact us within five days. // What action will be taken? // Door-to-door collectors/Court action may be taken, charging order on your farking non-existent property . How can you prevent this happening? Pay balance in full/call us TODAY to agree a suitable repayment plan. You can still prevent further action by calling us today and making a CREDIT or debit card payment. We suggest you contact a solicitor or CAB.

I have a signed-for copy of their receipt of the Threat-o-Gram letter ... plus they've been phoning and texting incessantly (I've kept a note of the times and frequency).

All suggestions as to what to do next gratefully received (that's reasonable suggestions, Cloggy, if you're reading this! )

[Never-In-Doubt]

Re: Pip's UE Diary

Send Blair Oliver a copy of the last template you sent - unless you think they've crossed in the post as you only stated March as sending the threat of legal action template.....