Pip's UE Diary

[Pip]

Re: Pip's UE Diary

Pip's account no. 4
MBNA
Start date: June 2003
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 March 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 MBNA
JAN CCA received -- emailed Niddy -- Niddy says half and half
JAN Sent Missing Prescribed Terms letter to MBNA
JAN Letter received from MBNA saying "Balance sold to Britannica Recoveries S.á.r.l. Mortlake"; with letter in same envelope from "Moorgate Loan Servicing". The wording says "it's been purchased", but there is no Notice of Assignment ...
FEB Letter from MBNA: Documents provided do comply with CCA requirements // As such, there is no need to seek an enforcement order in order to exercise our rights.
FEB Letter from Moorgate Loan Servicing: (referring to "Loan Account Number" -- it wasn't a loan). Not received payment on your a/c. Your a/c will now be transferred to our appointed agents, Arden Credit Management who will contact you to discuss repayment of the outstanding balance. (There is no reference in this letter to the original MBNA account whatsoever)
FEB Letter from Arden "Credit Managment": We have been instructed by Moorgate Loan Servicing to recover an amount outstanding to them. We have assumed responsibility for working with you to repay this amount; therefore all communication should be with us. Please call on receipt of this letter to discuss repayment. Easiest way to pay is debit or CREDIT CARD.
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 ...
MAR Sent Prove It letter
MAR Letter from Arden: We are writing to confirm that the present situation of non-payment on the above account is not acceptable. // Full balance due and payable // You are in breach of this requirement; options available to you: monthly instalments/lump sum // Should you choose to do nothing, we may take further action: agent in person/legal action. Do not ignore this letter.
MAR Letter from Arden: Thank you for your letter dated xxx. I am presently investigating the comments you raised and a full response will be sent shortly.
APR Letter from Moorgate Loan Servicing: MBNA wrote advising your credit agreement had been cancelled // Options available to them included Sale of Debt. Your account has now legally been sold to Britannica Recoveries. We will consider complaint closed if we have not heard from you within eight weeks. They also enclosed a weirdly "hey! trendy! cool!" letter from Virgin Money: We're pleased to enclose a copy of your most recent T&Cs. Don't forget some of the other fantastic features of your account: Log on to do blah blah etc. You can even go paperless! [squeals with knicker-wetting excitement]. We'd like to take this opportunity to thank you for your custom and we look forward to hearing from you soon. They enclose "current" MBNA T&Cs -- 6 pages -- even though it's no longer current as MBNA have sold the account ..?
JUN Letter from Arden Credit Mgt: ***FINAL DEMAND*** I am extremely concerned that despite all of our attempts to contact you and discuss the above account you persist in refusing to address the outstanding balance. // Should you continue to ignore our requests for payment proposals, we will be left with no option but to review your account for further action to be taken ... this may mean home visit to discuss reason for non-payment, or account being passed to solicitors to initiate legal proceedings. We will be reviewing account in 7 calendar days; please contact our offices immediately ...
JUN Letter to Arden Credit Mgt: Telling them last letter received from them was in March saying "a full response will be sent to you shortly".
JUL Letter from Moorgate Loan Servicing: Sorry to learn of your dissatisfaction with the service received; complaints are taken seriously, [blah etc]. With reference to your letter of xx March 2012, our final response was sent on xx April 2012 (copy enclosed). Moorgate Loan Servicing has now appointed Arden Credit Mgt to manage your loan account. I can see from our records that Arden has made several attempts to contact you to discuss the account. The telephone calls have been made due to the need for a payment arrangement in line with your personal affordability and where possible to include proposals to reduce your account arrears. // Arden has tried to contact you to discuss the situation and I apologise that you have been upset by these calls. However payments do need to be mutually agreed and maintained. I note that you have not made a payment since xx January 2012. Failure to contact Arden immediately may now result in legal proceedings. Therefore contact us on [phone number] to discuss options to discharge yourself from this responsibility. // We are responding to your enquiry in respect of a loan with Britannica Recoveries SARL-Mortlake on behalf of Moorgate Loan Servicing. // Financial ombudsman info etc. blah.
JUL Letter from Arden Credit Mgt: Despite our numerous attempts to contact you we have not had a response from you or an indication of willingness from you to resolve this matter. Further to our last correspondence we have reviewed your account and determined that further action is necessary. To that end, I am going to instruct field agents to attend your property to discuss the matter with you in person. A fee for the visit will be charged to you with the amount not exceeding £75.00. We can cancel this if you contact us within five days of this letter and make satisfactory arrangements regarding your account.
JUL Sent Threat of Doorstep Visit letter to Arden Credit Mgt
JUL Letter from Resolvecall: We have been instructed by Arden Credit Mgt to contact you regarding the outstanding balance due to them by you. Arden Credit Mgt advise us that they have not been able to contact you [but I have been in contact with them] and they are concerned that you may be experiencing difficulty meeting your repayments. It is in your interest to contact Arden immediately upon receipt of this letter to discuss this account as a matter of urgency so that they can try and help you find a way to repay the outstanding balance. // If you do not contact Arden, this may lead to a personal visit being made by one of our representatives. // To avoid the need for this action, please call Arden on 0800 blah at once. They are happy to accept payment over the phone by debit/credit card. // Act now to get help; Please do not ignore this letter.
JUL Sent Threat of Doorstep Visit letter to Resolvecall

This is a bit of a new one for me -- not had an income and expenditure sheet from a DCA before. How thrilling!

AUG Letter from Arden Credit Mgt: Income and Expenditure Statement --Please complete and return this I&E statement within the next seven days. We will use this info to assess your affordability [sic] and to agree a payment arrangement with you. Blah etc.

I've not yet sent this lot an Account Sold Whilst in Dispute letter. Wonder if that's one to send now? Or wait ..?

[Pixie]

Re: Pip's UE Diary

Yes, I would send the Account Sold Whilst in Dispute template...and they have no right to be asking for an I&E form to be filled in

[Pip]

Re: Pip's UE Diary

(Please see here for my introduction thread. Thanks!)

Pip's account no. 1
Capital One
Start date: Feb 2005
Balance as of Dec 2011: approx. £4,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Sep 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 Capital One (Royal Mail delivery conf. printed)
JAN CCA received -- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter
JAN Letter from Capital One: IT IS IMPORTANT THAT YOU READ AND RESPOND TO THIS LETTER.
We have not received agreed DMP payment. You may need to contact organisation administering DMP to ensure payment has been sent. If we do not receive payment we may pass account to a debt collection agency to recover full outstanding balance or may choose to sell the account to a debt purchaser. If DMP organisation are no longer acting on your behalf you need to contact us to discuss other options to repay the outstanding balance.
FEB Epic four-page letter from Capital One: You have failed to state why you allege the Agreement is improperly executed // [Carey and McGuffick citations] // Your account is fully enforceable // This is my final response in relation to this matter // If proceedings were commenced by you [yeah, as if!] on the basis there is no valid agreement we would strongly defend this. // Account remains defaulted and balance remains fully due and owing. // Among other things, McGuffick established that a creditor's threatening legal action and bringing legal proceedings do not amount to enforcement.
FEB Letter from Fredrickson International: Demand for payment on behalf of "our client"; "We are the agent/contact us, not Capital One"
FEB Letter from Fredrickson: LETTER BEFORE ACTION -- Must be paid in full within 7 days otherwise we will take immediate action // blah list of court/solicitor fees // bailiff or sheriff office may be instructed if x, y, and z // payment accepted by x, y and CREDIT CARD ...
FEB Sent Threat-o-Gram Letter Before Action
FEB Letter from Fredrickson: We are unable to provide the documents you have requested. If you require documentation you can request this direct from our Client. // We are instructed to act as agents for our client; all our actions are lawful and on the instructions of our client. // We have removed your phone number from our system and any further correspondence shall be in writing. // We have placed your account on hold for 30 days and look forward to hearing from you with your payment proposals.
MAR Letter from Fredrickson: We have taken our client's instructions relating to your letter // They advise that they complied with your request for docs under CCA 1974 on xx Jan and provided their final response on yy Jan confirming that this request was complied with. // We have placed your account on hold for seven days and look forward to hearing from you with payment proposals.

Woof woof!
A sleeping dog awakens!

AUG Letter from Credit Solutions: FORMAL DEMAND // Capital One has informed us that debt remains unpaid and you have not complied with the Default Notice that was recently issued [nearly two years ago] We have been instructed to collect the outstanding balance in full which is due immediately. // Failure to pay your outstanding balance may result in one of the following: (1) our client sharing info with UK CREDIT REFERENCE AGENCIES [quaking in my boots]; (2) Your account may be referred to a 'DOORSTEP COLLECTOR' to evaluate and discuss your circumstances and collect payment. // PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. // To avoid any of the above action you need to pay the outstanding balance by return, or alternatively you must telephone us to discuss arrangements for repayment. Failure to make payment or contact us will result in further action.

These pillocks have been phoning/texting me incessantly for the past few weeks but this is their first letter. I have logged the times and source numbers of the calls and texts -- each time it is a different number that starts 07 like a phony mobile number. I'm sure that breaks a load of Ofcom/DTI guidelines ...

Wondering what to start with with this lot -- a Threat of Doorstep combined with a Desist From Your Incessant Phone Calls, and then later an Account Sold in Dispute? Or all at once?

Their incompetence is immediately evident in their letter, whereby they write the 16-digit OC card number, but it displays it in scientific notation like it would in Excel, as in 5.444 x 10^15!

[Pip]

Re: Pip's UE Diary

If this is the first contact from Credit Solutions then I would send the sold in dispute to let them know about the ongoing dispute. I have sent both letters above in a single envelope and they did the trick quite nicely: the dropped the account like a hot potato and I haven't heard from anyone since January!

Hope you are keeping well and enjoying the sunshine...

Thanks FP!

Haven't been able to enjoy the sun yet, as I've been working flat out for seven days (incl. over last weekend). I am very glad of the work though as I hadn't had any work since June, yikes! Just as well I can live very cheaply, especially now as I'm not flushing £400 a month down the DMP toilet any more. (There's no way I could have kept up those payments any more.)

I have a letter in my archive that included a Niddy Special given to Flossy (I think) about very forcefully telling a DCA to stop the phone harassment (one had phoned me 35 times in two weeks). I used those stop phone harassment paragraphs myself as well and it stopped them dead in their tracks -- the calls stopped and they handed it back to the OC like a hot potato!

[Pip]

Re: Pip's UE Diary

Pip's account no. 4
MBNA
Start date: June 2003
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 March 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 MBNA
JAN CCA received -- emailed Niddy -- Niddy says half and half
JAN Sent Missing Prescribed Terms letter to MBNA
JAN Letter received from MBNA saying "Balance sold to Britannica Recoveries S.á.r.l. Mortlake"; with letter in same envelope from "Moorgate Loan Servicing". The wording says "it's been purchased", but there is no Notice of Assignment ...
FEB Letter from MBNA: Documents provided do comply with CCA requirements // As such, there is no need to seek an enforcement order in order to exercise our rights.
FEB Letter from Moorgate Loan Servicing: (referring to "Loan Account Number" -- it wasn't a loan). Not received payment on your a/c. Your a/c will now be transferred to our appointed agents, Arden Credit Management who will contact you to discuss repayment of the outstanding balance. (There is no reference in this letter to the original MBNA account whatsoever)
FEB Letter from Arden "Credit Managment": We have been instructed by Moorgate Loan Servicing to recover an amount outstanding to them. We have assumed responsibility for working with you to repay this amount; therefore all communication should be with us. Please call on receipt of this letter to discuss repayment. Easiest way to pay is debit or CREDIT CARD.
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 ...
MAR Sent Prove It letter
MAR Letter from Arden: We are writing to confirm that the present situation of non-payment on the above account is not acceptable. // Full balance due and payable // You are in breach of this requirement; options available to you: monthly instalments/lump sum // Should you choose to do nothing, we may take further action: agent in person/legal action. Do not ignore this letter.
MAR Letter from Arden: Thank you for your letter dated xxx. I am presently investigating the comments you raised and a full response will be sent shortly.
APR Letter from Moorgate Loan Servicing: MBNA wrote advising your credit agreement had been cancelled // Options available to them included Sale of Debt. Your account has now legally been sold to Britannica Recoveries. We will consider complaint closed if we have not heard from you within eight weeks. They also enclosed a weirdly "hey! trendy! cool!" letter from Virgin Money: We're pleased to enclose a copy of your most recent T&Cs. Don't forget some of the other fantastic features of your account: Log on to do blah blah etc. You can even go paperless! [squeals with knicker-wetting excitement]. We'd like to take this opportunity to thank you for your custom and we look forward to hearing from you soon. They enclose "current" MBNA T&Cs -- 6 pages -- even though it's no longer current as MBNA have sold the account ..?
JUN Letter from Arden Credit Mgt: ***FINAL DEMAND*** I am extremely concerned that despite all of our attempts to contact you and discuss the above account you persist in refusing to address the outstanding balance. // Should you continue to ignore our requests for payment proposals, we will be left with no option but to review your account for further action to be taken ... this may mean home visit to discuss reason for non-payment, or account being passed to solicitors to initiate legal proceedings. We will be reviewing account in 7 calendar days; please contact our offices immediately ...
JUN Letter to Arden Credit Mgt: Telling them last letter received from them was in March saying "a full response will be sent to you shortly".
JUL Letter from Moorgate Loan Servicing: Sorry to learn of your dissatisfaction with the service received; complaints are taken seriously, [blah etc]. With reference to your letter of xx March 2012, our final response was sent on xx April 2012 (copy enclosed). Moorgate Loan Servicing has now appointed Arden Credit Mgt to manage your loan account. I can see from our records that Arden has made several attempts to contact you to discuss the account. The telephone calls have been made due to the need for a payment arrangement in line with your personal affordability and where possible to include proposals to reduce your account arrears. // Arden has tried to contact you to discuss the situation and I apologise that you have been upset by these calls. However payments do need to be mutually agreed and maintained. I note that you have not made a payment since xx January 2012. Failure to contact Arden immediately may now result in legal proceedings. Therefore contact us on [phone number] to discuss options to discharge yourself from this responsibility. // We are responding to your enquiry in respect of a loan with Britannica Recoveries SARL-Mortlake on behalf of Moorgate Loan Servicing. // Financial ombudsman info etc. blah.
JUL Letter from Arden Credit Mgt: Despite our numerous attempts to contact you we have not had a response from you or an indication of willingness from you to resolve this matter. Further to our last correspondence we have reviewed your account and determined that further action is necessary. To that end, I am going to instruct field agents to attend your property to discuss the matter with you in person. A fee for the visit will be charged to you with the amount not exceeding £75.00. We can cancel this if you contact us within five days of this letter and make satisfactory arrangements regarding your account.
JUL Sent Threat of Doorstep Visit letter to Arden Credit Mgt
JUL Letter from Resolvecall: We have been instructed by Arden Credit Mgt to contact you regarding the outstanding balance due to them by you. Arden Credit Mgt advise us that they have not been able to contact you [but I have been in contact with them] and they are concerned that you may be experiencing difficulty meeting your repayments. It is in your interest to contact Arden immediately upon receipt of this letter to discuss this account as a matter of urgency so that they can try and help you find a way to repay the outstanding balance. // If you do not contact Arden, this may lead to a personal visit being made by one of our representatives. // To avoid the need for this action, please call Arden on 0800 blah at once. They are happy to accept payment over the phone by debit/credit card. // Act now to get help; Please do not ignore this letter.
JUL Sent Threat of Doorstep Visit letter to Resolvecall
AUG Letter from Arden Credit Mgt: Income and Expenditure Statement -- Please complete and return this I&E statement within the next seven days. We will use this info to assess your affordability [sic] and to agree a payment arrangement with you. Blah etc.
AUG Sent Account Sold in Dispute letter to Arden

Bit of a weird one here ...

AUG Letter from Arden Credit Mgt: Thank you for your recent letters. The notification sent to you dated July 2012 informing you that we were going to instruct agents to your property confirms our appointment. [???] We provided you with a copy of your credit agreement in April 2012. I enclose a statement of your account* for your information. Please contact us in order to discuss your payment proposals. Failure to do so may result in further action being taken. We will not be releasing you from your obligation. I hope this clarifies our position.
AUG Statement of Account enclosed with above letter: Please find detailed below a breakdown of your account, as requested.
Date --- Transaction Type --- Debit --- Credit --- Balance. Should you have any queries regarding the above, please contact this office on 0845 ... Yours sincerely. [There are no digits or figures shown on this "statement" whatsoever!]

Would appreciate advice on this one, as ever! I don't understand how their sending a letter confirms an appointment when I explicitly told them that I do not want to make an appointment to have them turn up at my door!! Maybe I could facetiously take the blank statement of account to mean that there is nothing owing on the account!

[Pixie]

Re: Pip's UE Diary

Maybe I could facetiously take the blank statement of account to mean that there is nothing owing on the account![/FONT]

I think I would be sending Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) to Arden.

Creditors and dcas always argue that an account's enforceable even when it isn't (and yours is half UE) so argue back! They just try to wear you down.

[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.
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. 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.
MAR Replied sending copies of Threat-o-Gram Letter Before Action previously sent to them which they have so far ignored
APR Letter from Sainsbury's: [Although I wrote to BO&S, not them; letter with Leeds address at top and not a proper letterhead, and with a 2nd class frank on envelope bearing "Birmingham"] Unfortunately, we've issued our final response. // Means we've nothing further to add // we really can't keep writing to you about the same issue. However, you have my assurance that we'll add any further letters you send us to our file. Turning to your allegations of harassment [...] the bank will give no undertaking not to contact your client to ask for payment, particularly as the alleged "dispute" is unfounded. // You have asked that all communication is in writing posted by special or recorded delivery [no I didn't ask for special/recorded] and that we do not contact you by telephone. Happy to write to you by standard postal services but reserve the right to contact by telephone for our legitimate commercial purposes. // As explained in our final response letter, if you're still unhappy you can ask the FOS to look into what's happened. We've now closed our file but will cooperate fully with Ombudsman Service if you decide to ask them to look into your complaint.
MAY Letter from Blair, Oliver & Scott NOTICE OF INTENDED COURT ACTION -- SAINSBURY'S BANK PLC versus PIP. Formal notice is hereby given that our client has instructed us to commence court proceedings against you without delay. Papers are now being prepared for commencement of action through your local court to seek a judgment against you. If you are a homeowner and do not pay [...] we may apply for charging order on your property. YOU MUST MAKE PAYMENT NOW TO STOP ACTION BEING TAKEN. Call today/talk to Helpline staff/ make payment.
MAY Sent Threat to Commence Litigation letter to B, O & S
JUN Letter from Sainsbury's Notice that they've "transferred" the debt to Moorcroft [although it's got a Stockport frank on the letter -- it's like anybody could knock these things up and send them out ...]
JUN Letter from Moorcroft: Been instructed by Sainsbury's // Legal requirement to send notice of intended litigation before legal proceedings are issued // Letter fulfils this even if not read by you // To prevent our recommending to our client that solicitors commence legal proceedings ... essential to settle debt without delay. If an agreement is not reached in [four days' time(!)], a claim may be issued by solicitors instructed to act on behalf of our client without further notice. Etc. Etc.
JUN Sent Threat to Commence Litigation letter to Moorcroft
JUN Letter from Moorcroft: Requesting £1 CCA request fee
JUN Sent letter to Moorcroft saying that I sent a CCA request letter to Sains. on such-and-such date
JUL Letter from Moorcroft: Please send proof that you requested CCA and that the £1 was paid.
JUL Letter from Midas Credit Services: LITIGATION WARNING -- We are part of Moorcroft Group and are aware that you have failed to reach a repayment agreement with Moorcroft concerning above a/c. We are now reviewing the a/c prior to the possible recommending of legal action by external solicitors acting on behalf of our clients. To prevent possible further action you must contact Moorcroft at this address. Failure to contact Moorcroft by [couple of days ago] may result in the issue of legal proceedings without further notice.
JUL Sent Threat to Commence Litigation letter to Moorcroft
JUL Sent Threat to Commence Litigation letter to Midas
JUL Letter from Moorcroft: Our records show you have not made any payment to us // account has now been passed to our Home Collections Division for action. May involve local rep calling at your home address // If you prefer to make repayment arrangement, you must TELEPHONE us no later than [sometime later this week]. If no satisfactory arrangement is made with us or our local rep, you may leave us with lo alternative but to recommend client to commence legal/solicitors proceedings without further notice
JUL Sent Threat to Commence Litigation letter to Moorcroft (again)
JUL Letter from Moorcroft: Thank you for your letter requesting a copy of the credit agreement [I didn't send them one requesting this; this is how they've interpreted the threat to commence lit. letter.] Under the CCA 1974 you must provide £1 fee. Consequently if you submit the prescribed payment we will gladly process your request.
JUL Letter from Moorcroft: Our records show that you have failed to pay the £1.00 fee, therefore we have been unable to assist you in your request. Please forward the £1 fee payable to the above client etc.

And another weird one from Moorcroft:

AUG Letter from Moorcroft: We are agents of "Sainsbury Bank" [sic]. We have been asked to contact the a/c holder and we have been provided this address by a credit ref. agency. Please contact us to confirm the position [???] so that we can make the appropriate arrangements. However, if you believe that you are not the person responsible for the account, it is important that you contact us immediately, either by phone or letter.

It's like the type of letter they'd send out on a fishing expedition. Is this the sort of thing they'd do before sending a doorstep collector around? Seems very weird that they're checking that "you are the person" when I've been writing to the plonkers about this very account since June ... and the ref. no. in the "fishing" letter is the same as on all the others ...

[Pixie]

Re: Pip's UE Diary

Yes it's just a fishing letter so I'd ignore it.

I've had several such letters from various dcas when they've been writing to me at this address all along

[Pip]

Re: Pip's UE Diary

I think I would be sending Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) to Arden.

Creditors and dcas always argue that an account's enforceable even when it isn't (and yours is half UE) so argue back! They just try to wear you down.

Thanks Pixie! Their letter really doesn't make a lot of sense about the "appointment". And the "credit agreement" they sent in April was just MBNA's current T&Cs.

[Pixie]

Re: Pip's UE Diary

Thanks Pixie! Their letter really doesn't make a lot of sense about the "appointment".

Letters from dcas often don't make sense!

And the "credit agreement" they sent in April was just MBNA's current T&Cs.[/FONT]

Were they in response to the missing PTs letter? Even if they were, they didn't send the cca in April.

[Pip]

Re: Pip's UE Diary

Were they in response to the missing PTs letter? Even if they were, they didn't send the cca in April.

It was in response to a Prove It letter. I quite resented Britannia/Moorgate etc., waltzing onto the scene making all these demands when they could have been any old Tom Dick or Harry!

[vint1954]

Re: Pip's UE Diary

MBNA.

I would send another doorstep letter to Arden.

Ask them if they can actually read and understand.

[vint1954]

Re: Pip's UE Diary

It was in response to a Prove It letter. I quite resented Britannia/Moorgate etc., waltzing onto the scene making all these demands when they could have been any old Tom Dick or Harry![/FONT]

Sainsburys

Have you sent this one yet?

Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

[Pip]

Re: Pip's UE Diary

Were they in response to the missing PTs letter? Even if they were, they didn't send the cca in April.

Sainsburys
Have you sent this one yet?

Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

Hello Vint,
Pixie's question re. PT was about MBNA/Arden, not Sainsbury's.
I haven't yet sent that to Moorcroft (re. Sainsbury's). Their most recent letter is a fishing one, which I was intending to ignore.

Re. MBNA/Arden, I was about to send them a Final Response - Unenforceability (CCA Received), as per Pixie's advice above? It's printed and in the envelope and I was just about to go to the post office, but I can hold off for today ... I'm a bit confused now!

[vint1954]

Re: Pip's UE Diary

Thats fine. Send Pixie's letter.