Pip's UE Diary

[Pixie]

Re: Pip's UE Diary

Thanks FP!
They've started up their incessant phone calling again today ... from spoofed mobile phone numbers. I can see how their tactic is to pester, hound and and harass people into submission! (I'm sure using spoofed mobile phone numbers must contravene some OFT rule somewhere ...)

When they realise that it's not working they'll soon pass it back to the OC.

[Pip]

Re: Pip's UE Diary

I take it you are familiar with the telephone harrassment template and the free number dedicated to like them.

Thanks again FB -- I did include that in one of the letters I sent them. This lot haven't responded to any letters I've sent them -- they just seem to be brow-beating twazzocks. Oh well!

[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 £1.00 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.
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.
AUG Letter from Moorcroft in Comic Sans font: IMPORTANT INFORMATION - POSSIBLE FURTHER ACTION. To prevent further debt recovery action, please send your payment proposal before a date three days hence or phone 0161 within the next seven days [durr?]. If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our clients that they consider possible further debt recovery action against you, which may follow. Contact us now and we would be happy to discuss a payment programme that you can afford and maintain, In certain circumstances we may also be able to offer a substantial discount from the outstanding balance. Contact us now.
SEP Sent Telephone Harassment letter to Moorcroft

This has arrived ...

SEP LONG letter from Moorcroft: We confirm your a/c has been amended so that you receive no telephone contact from us whilst written contact is now [sic] maintained. // Our records do not appear to show any direct telephone contact has been achieved. In order for the relevant department to investigate the level of frequency and quantity of calls made we ask that you provide specific details such as times, dates, etc. [I've made a log of these.] // We can see from our records that you have requested a copy of the relevant CCA and a letter has been sent to you to request the relevant £1.00 fee and to date we do not appear to have received this payment. // In relation to the validity of this debt, it is our understanding that the Information Commissioner's Office has confirmed blah etc [as seen elsewhere, they quote the ICO which is utterly irrelevant. They may as well quote something that Zippy and Bungle from Rainbow have said while they're at it]. Blah more quotes re. UE from OFT website // With this information in mind we could confirm that our client has appointed us to assist with the recovery of this outstanding debt that they believe you are liable for. We would now ask that you provide any specific reason why you may not be liable for this debt and why our client should not be requesting payment. // You account is on hold for 14 days to allow you the opportunity to respond to this letter and our request.

They keep banging on about the £1.00. Would a reasonable response tactic to this letter be to send off to the post office to get a postal order proof of encashment (as described by Greymatter in --> post #265 above), and inform Moorcroft that I'm doing so, but that "However, this process will take several months -- you can put the account on hold until then" ..?

[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. // [snipped -- see #3, page 1 for full blurb ...]
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.
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 Execution (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.
MAR Replied sending copies of Threat-o-Gram Letter Before Action previously sent to them which they have so far ignored
APR Letter on Lloyds TSB letterhead but with Robinson Way address at top right of page: Statement of account going back a year [laid out like a letter, not a "regular" credit card statement] Wording includes: If you have a problem with your agreement, please try and settle it with us in the first instance.
APR Letter from Robinson Way (same day as above LTSB statement letter): FORMAL DEMAND FOR PAYMENT. Our client has authorised us to recover the full amount you owe. PLEASE PAY blah. If you cannot pay in full, call us to agree an affordable payment plan. If you don't, we may advise court action. If you fail to pay in accordance with court payment order, the following may occur: # Application made to court to enforce repayment [?], # Future credit will be difficult to obtain [durr!]. # This account may continue to be a worry for you. Unpaid debts don't just go away or get forgotten no matter how much people want that to happen.
APR Sent Account sold whilst in dispute letter to Robinson Way
APR Letter from Robinson Way [above sold in dispute letter has crossed with this one]: SECURITY TELEMESSAGE - SECURITY TELEMESSAGE [yet so urgent that they sent it via Mailsort-type bulk mail] RECENT ACTIONS ON YOUR ACCOUNT ARE GIVING CAUSE FOR CONCERN - PLEASE CONTACT US IMMEDIATELY ON 0845 - PLEASE DO NOT DELAY - QUOTE ABOVE REFERENCE NUMBER - SECURITY TELEMESSAGE - SECURITY TELEMESSAGE
MAY Letter from Robinson Way: Please note we have noted the dispute/query you have raised; we will make enquiries and let you know the outcome. In the meantime we will stop all collection activity for this account.
SEP Letter from Apex Credit Mgt: Our client is aware of the difficult financial circumstances that a number of their customers are currently experiencing. As a result they have authorised us to consider a discounted settlement figure against the above listed debt. We may be able to offer you a substantial discount on your balance and would like to explore this option with you. This offer is available for a period of 21 days from the date of this letter. To confirm eligibility and take advantage of this enhanced opportunity to clear this debt, please contact us without delay.

First letter from this lot:

SEP Letter from H L Solicitors / H L Legal: NOTICE OF PENDING LEGAL ACTION // We have been instructed by Apex, agents for above named creditor [Lloyds TSB] in relation to your outstanding sum. // Unless our client received payment in full or a valid reason for non-payment of the account within the next 7 days, court proceedings may be taken against you without further notice. // Should court proceedings be issued, you will by liable for X, Y and Z which would significantly increase your balance. If judgment is entered against you, it may make it difficult for you to obtain credit in future. // Please note, we are instructed not to enter into correspondence with you but to refer you to Apex. You can contact them on the number stated above or at the address supplied on previous correspondence.

I haven't yet contacted either Apex or H L Solicitors ... wondering what, if anything I should write to either or both of them?
Thanks!

[The Tech Clerk]

Re: Pip's UE Diary

First letter from this lot:

SEP Letter from H L Solicitors / H L Legal: NOTICE OF PENDING LEGAL ACTION // We have been instructed by Apex, agents for above named creditor [Lloyds TSB] in relation to your outstanding sum. // Unless our client received payment in full or a valid reason for non-payment of the account within the next 7 days, court proceedings may be taken against you without further notice. // Should court proceedings be issued, you will by liable for X, Y and Z which would significantly increase your balance. If judgment is entered against you, it may make it difficult for you to obtain credit in future. // Please note, we are instructed not to enter into correspondence with you but to refer you to Apex. You can contact them on the number stated above or at the address supplied on previous correspondence.

I haven't yet contacted either Apex or H L Solicitors ... wondering what, if anything I should write to either or both of them?
Thanks!

Another letter for hire 75p do not contact us contact someone else (the person who sent the letter in disguise_. usual threats

[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 [snipped, see post #3 for full blub]
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.
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. // [snip, see post #3 for full blub]
MAR Replied sending copies of Threat-o-Gram Letter Before Action previously sent to them which they have so far ignored
APR Letter on Lloyds TSB letterhead but with Robinson Way address at top right of page: Statement of account going back a year [laid out like a letter, not a "regular" credit card statement] Wording includes: If you have a problem with your agreement, please try and settle it with us in the first instance.
APR Letter from Robinson Way (same day as above LTSB statement letter): FORMAL DEMAND FOR PAYMENT. Our client has authorised us to recover the full amount you owe. PLEASE PAY blah. If you cannot pay in full, call us to agree an affordable payment plan. If you don't, we may advise court action. If you fail to pay in accordance with court payment order, the following may occur: # Application made to court to enforce repayment [?], # Future credit will be difficult to obtain [durr!]. # This account may continue to be a worry for you. Unpaid debts don't just go away or get forgotten no matter how much people want that to happen.
APR Sent Account sold whilst in dispute letter to Robinson Way
APR Letter from Robinson Way [above sold in dispute letter has crossed with this one]: SECURITY TELEMESSAGE - SECURITY TELEMESSAGE [yet so urgent that they sent it via Mailsort-type bulk mail] RECENT ACTIONS ON YOUR ACCOUNT ARE GIVING CAUSE FOR CONCERN - PLEASE CONTACT US IMMEDIATELY ON 0845 - PLEASE DO NOT DELAY - QUOTE ABOVE REFERENCE NUMBER - SECURITY TELEMESSAGE - SECURITY TELEMESSAGE
MAY Letter from Robinson Way: Please note we have noted the dispute/query you have raised; we will make enquiries and let you know the outcome. In the meantime we will stop all collection activity for this account.
SEP Letter from Apex Credit Mgt: Our client is aware of the difficult financial circumstances that a number of their customers are currently experiencing. As a result they have authorised us to consider a discounted settlement figure against the above listed debt. We may be able to offer you a substantial discount on your balance and would like to explore this option with you. This offer is available for a period of 21 days from the date of this letter. To confirm eligibility and take advantage of this enhanced opportunity to clear this debt, please contact us without delay.
SEP Letter from H L Solicitors / H L Legal: NOTICE OF PENDING LEGAL ACTION // We have been instructed by Apex, agents for above named creditor [Lloyds TSB] in relation to your outstanding sum. // Unless our client received payment in full or a valid reason for non-payment of the account within the next 7 days, court proceedings may be taken against you without further notice. // Should court proceedings be issued, you will by liable for X, Y and Z which would significantly increase your balance. If judgment is entered against you, it may make it difficult for you to obtain credit in future. // Please note, we are instructed not to enter into correspondence with you but to refer you to Apex. You can contact them on the number stated above or at the address supplied on previous correspondence.
SEP Sent Account sold whilst in dispute letter to Apex Credit Mgt

This came today. I suppose they have at least done a bit of legwork! Wondering what sort of reply is required?

OCT Letter from Apex Credit Mgt: With reference to your dispute, Lloyds Banking Group have confirmed a final response letter has been issued. Please see enclosed a copy of their final response dated January 2012. If you are unhappy with the outcome of your dispute, please contact the Financial Ombudsman Service and update us accordingly. If you wish to discuss this matter further, please contact us.

[Deepie]

Re: Pip's UE Diary

This came today. I suppose they have at least done a bit of legwork! Wondering what sort of reply is required?

OCT Letter from Apex Credit Mgt: With reference to your dispute, Lloyds Banking Group have confirmed a final response letter has been issued. Please see enclosed a copy of their final response dated January 2012. If you are unhappy with the outcome of your dispute, please contact the Financial Ombudsman Service and update us accordingly. If you wish to discuss this matter further, please contact us.

If it were me I'd see what they send next

[Pip]

Re: Pip's UE Diary

Thanks I2D! Nice to know they and I can just whistle for a while ...

[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 £1.00 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.
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.
AUG Letter from Moorcroft in Comic Sans font: IMPORTANT INFORMATION - POSSIBLE FURTHER ACTION. To prevent further debt recovery action, please send your payment proposal before a date three days hence or phone 0161 within the next seven days [durr?]. If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our clients that they consider possible further debt recovery action against you, which may follow. Contact us now and we would be happy to discuss a payment programme that you can afford and maintain, In certain circumstances we may also be able to offer a substantial discount from the outstanding balance. Contact us now.
SEP Sent Telephone Harassment letter to Moorcroft
SEP LONG letter from Moorcroft: We confirm your a/c has been amended so that you receive no telephone contact from us whilst written contact is now [sic] maintained. // Our records do not appear to show any direct telephone contact has been achieved. In order for the relevant department to investigate the level of frequency and quantity of calls made we ask that you provide specific details such as times, dates, etc. [I've made a log of these.] // We can see from our records that you have requested a copy of the relevant CCA and a letter has been sent to you to request the relevant £1.00 fee and to date we do not appear to have received this payment. // In relation to the validity of this debt, it is our understanding that the Information Commissioner's Office has confirmed blah etc [as seen elsewhere, they quote the ICO which is utterly irrelevant. They may as well quote something that Zippy and Bungle from Rainbow have said while they're at it]. Blah more quotes re. UE from OFT website // With this information in mind we could confirm that our client has appointed us to assist with the recovery of this outstanding debt that they believe you are liable for. We would now ask that you provide any specific reason why you may not be liable for this debt and why our client should not be requesting payment. // You account is on hold for 14 days to allow you the opportunity to respond to this letter and our request.
SEP Sent follow-up Telephone Harassment letter to Moorcroft and another confirmation that I had paid the £1.00 fee in January

Hmm. All a bit garbled from the start, these dealings with Moorcroft. They've sent this which arrived today ...

OCT Another long letter from Moorcroft: Blah guff about their calls not constituting harassment // We do not appear to have received the £1.00 fee [I didn't send it to them, I sent it to OC in Jan] // Blah, wrangle over the £1.00 [...] however, to assist in this matter I have requested that our client provides us with a copy of the CCA and statements of this account that support the liability suggested by our client. This request is being made in an effort to move this account forward. // I request that you confirm specifically why you believe you may not be liable for this debt that our client has requested is repaid. Your account is on hold for 28 days to allow you the opportunity to respond to this letter and our request, and for us to revert back to you with our client's response.

[Never-In-Doubt]

Re: Pip's UE Diary

Hmm. All a bit garbled from the start, these dealings with Moorcroft. They've sent this which arrived today ...

OCT Another long letter from Moorcroft: Blah guff about their calls not constituting harassment // We do not appear to have received the £1.00 fee [I didn't send it to them, I sent it to OC in Jan] // Blah, wrangle over the £1.00 [...] however, to assist in this matter I have requested that our client provides us with a copy of the CCA and statements of this account that support the liability suggested by our client. This request is being made in an effort to move this account forward. // I request that you confirm specifically why you believe you may not be liable for this debt that our client has requested is repaid. Your account is on hold for 28 days to allow you the opportunity to respond to this letter and our request, and for us to revert back to you with our client's response.

Oh i'd just love to reply to this for you, but I can't as they're awaiting the CCA (muppets) - so let them, see what they say if/when they respond

[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.
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.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Account Sold in Dispute (and telephone harassment) letter to Credit Solutions
AUG Postcard (sent by bulk mail) sent from Power 2 Connect Ltd: I CONFIRM THAT I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL ON WEDNESDAY BETWEEN 9AM AND 9PM
AUG Letter from Credit Solutions: OPPORTUNITY TO SAVE 50% -- Following a recent review of your account, we are pleased to advise that our client is prepared to accept a 50% discount on your account and will not pursue the balance further. etc etc.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Threat of doorstep visit letter to Power 2 Contact
SEP Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice.

Now then, these twazzocks have eventually written after a resumption of their telephone harassment campaign of two or three calls a day, six days a week ....

OCT Letter from Credit Solutions: Our trace investigations show that you reside at the above address. We have made every possible attempt to contact you in order to settle this account voluntarily. If you ignore this letter further collection activity will continue and may lead to your account being referred for legal action. ACT NOW TO AVOID FURTHER UNNECESSARY COST. You must contact us IMMEDIATLEY [sic] to prevent further action being taken on your account.

They have not responded to any of my previous correspondence other than via stuff spewed out for robot letter printing machines. They have not addressed any of the points raised in the letters. Wonder what to respond with? I've already sent Account Sold in Dispute and a strongly worded telephone harassment letter two months ago ...

[Never-In-Doubt]

Re: Pip's UE Diary

Now then, these twazzocks have eventually written after a resumption of their telephone harassment campaign of two or three calls a day, six days a week ....

OCT Letter from Credit Solutions: Our trace investigations show that you reside at the above address. We have made every possible attempt to contact you in order to settle this account voluntarily. If you ignore this letter further collection activity will continue and may lead to your account being referred for legal action. ACT NOW TO AVOID FURTHER UNNECESSARY COST. You must contact us IMMEDIATLEY [sic] to prevent further action being taken on your account.

They have not responded to any of my previous correspondence other than via stuff spewed out for robot letter printing machines. They have not addressed any of the points raised in the letters. Wonder what to respond with? I've already sent Account Sold in Dispute and a strongly worded telephone harassment letter two months ago ...

[/FONT]

I would send this ---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)

[Pip]

Re: Pip's UE Diary

Thanks Niddy! Will send it off today.

The phone harassment one I sent them a few months ago was one that you'd done for Flossy a while back. It had stopped another DCA dead in their tracks before (Fredrickson!) but Credit Solutions don't seem to read any letters sent to them ...

[Never-In-Doubt]

Re: Pip's UE Diary

Thanks Niddy! Will send it off today.

The phone harassment one I sent them a few months ago was one that you'd done for Flossy a while back. It had stopped another DCA dead in their tracks before (Fredrickson!) but Credit Solutions don't seem to read any letters sent to them ...

They will, if they keep being twats let me know and I'll sort you a suitable response.....

[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.
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.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Account Sold in Dispute (and telephone harassment) letter to Credit Solutions
AUG Postcard (sent by bulk mail) sent from Power 2 Connect Ltd: I CONFIRM THAT I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL ON WEDNESDAY BETWEEN 9AM AND 9PM
AUG Letter from Credit Solutions: OPPORTUNITY TO SAVE 50% -- Following a recent review of your account, we are pleased to advise that our client is prepared to accept a 50% discount on your account and will not pursue the balance further. etc etc.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Threat of doorstep visit letter to Power 2 Contact
SEP Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice.
OCT Letter from Credit Solutions: Our trace investigations show that you reside at the above address. We have made every possible attempt to contact you in order to settle this account voluntarily. If you ignore this letter further collection activity will continue and may lead to your account being referred for legal action. ACT NOW TO AVOID FURTHER UNNECESSARY COST. You must contact us IMMEDIATLEY [sic] to prevent further action being taken on your account.
OCT Sent Final Response - Unenforceability (CCA Received) letter

Hmm. A letter from Credit Solutions, signed by a real human:

OCT Letter from Credit Solutions: In your letter you state your account is in dispute as they failed to comply with your CCA request. // To raise your dispute with our client we require more information regarding your request. We need to clarify the following: • Whether you have or have NOT received any documentation from the client since your request was sent; • Whether you have paid the £1 (your request would not have been processed if this fee was not paid). // If you have received a copy of your Terms & Conditions since sending your request to our client, then please note sending this documentation fulfills [sic] our client's obligation to provide you with copy of agreements/applications under the CCA 1974. // I can confirm that the Cons. Credit Act states that a copy contract can exclude certain features, i.e. [sic] a signatory box see below [sic]. (They give a long paragraph of what sounds like internal instructions on how to mock up an agreement, ending with: "If you can "construct" [their quotation marks] the rest of the information and provide this to the customer you will have complied with section 77(1)".) // If you have not received any docs from our client, please let us know within a week of receiving this letter and we will raise this dispute with our client. In the meantime, your a/c will be placed on hold. However, if we do not receive a response from you in this timeframe, your account will be taken off hold and collection activity will continue.

and this on the same day:

OCT Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice

Good grief!