Pip's UE Diary

[Pip]

Re: Pip's UE Diary

AYou may want to concider writing to them under CPUTR 2008 asking them who is the creditor. They cannot lie.

Thanks Vint -- I'll have a read into that!

[vint1954]

Re: Pip's UE Diary

Absolute twaddle. Of course they are the creditor. If they are not, who is?

What planks.

You may want to concider writing to them under CPUTR 2008 asking them who is the creditor. They cannot lie.

Look out P1's thread

[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
AUG Letter from Arden Credit Mgt: We have noted there has been no payment since [donkeys ago]. We require a payment arrangement to be put in place on this a/c immediately. Please complete the enclosed income and expenditure form. [No I&E form was enclosed]
AUG Letter from Arden Credit Mgt: I would like to speak with you about your account. Upon receiving this letter please contact this office on the above number, quoting a/c no. I look forward to [not] hearing from you.
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!]
AUG Letter from Arden Credit Mgt: Thank you for your recent letter dated xx August 2012. Our position remains as outlined in our previous responses. We have nothing further to add. I trust this clarifies our position in this matter.
NOV Letter from Moorgate: Britannica Recoveries S.a.r.l. - Mortlake have sold this account to Arrow Global Guernsey ("Arrow Global"). The transfer assigns all rights as owner to Arrow Global.
NOV Letter from Arrow Global: NOTICE OF ASSIGNMENT. All rights, title and interest transferred to Arrow Global Guernsey Limited. This account will be managed on behalf of Arrow Global Guernsey Ltd by Wescot and all future payments and correspondence should be sent to Wescot. If you are not making regular payments on this account place contact Wescot as soon as possible. [Data Protection act gubbins on reverse of letter]
NOV Sent Account Sold in Dispute letter to Arrow

Ah well, I've eventually heard back from Arrow one month later:

DEC Letter from Arrow Global: We acknowledge your request for documentation pursuant to the CCA 1974 (I didn't request this from them) // We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the originating creditor and will revert in due course. // We confirm that all collection activity will be suspended pending provision of the documents.

Thankfully nothing to worry about -- there's always a bit of trepidation on opening an envelope with an unfamiliar postmark on it -- (in this case Manchester)!

[The Tech Clerk]

Re: Pip's UE Diary

sent some 1st class only one got there so far, and that was last Thursday.

[Pip]

Re: Pip's UE Diary

I'd send this at the end of the week, so it reaches them early next week. They won't then have time to do much else before the break.

Great tip thanks ScabHunter! Maybe 2nd class an' all ...

[ScabHunter]

Re: Pip's UE Diary

This arrived today ...

DEC Letter from Fredrickson: We wrote recently and invited you to contact us to discuss repayment proposals but we have failed to receive a satisfactory response from you. // To avoid further debt recovery action being taken you must contact us within the next seven days. // blah default registered on your credit file may adversely affect future applications for credit.

Not sure how to respond, given the stuff they sent in November ...

This is the third case I've seen on this forum in the last week where exactly this has happened. Freds are being extremely deceitful, by threatening people directly after they stated that the matter was "on hold".

If it was me, I would just refer them back to the original statement that the matter was on hold -

"I am in receipt of your letter dated xx/xx/xxxx.

I refer you to your own previous letter, dated xx/xx/xxxx, in which you confirmed that this matter had been placed on hold while you referred to your client.

I trust you will now deal with the matter accordingly.

Yours Faithfully,"

I'd send this at the end of the week, so it reaches them early next week. They won't then have time to do much else before the break.

SH

[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).
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.
APR Letter from Allied International Credit (AIC): Your account has been passed to us by RBS Card Services to act as a collection agent and we will now be dealing with your a/c. // We offer a flexible approach [...] different options that suit a wide range of personal circumstances [...] You may have been unable to find a suitable repayment plan on this account previously and we believe that we can help you repay the account. [nice!] We will be in contact with you during the next seven days by letter and/or phone in order to discuss your repayment options in detail. In the meantime, if you want to contact us you can phone us on a Glasgow number even though the address on the back of the envelope is a Bristol one. [Thanks for the offer but I don't think I'll bother.]
APR Sent Account Sold In Dispute letter
APR Letter from Allied International Credit (AIC): We note that you are requesting a copy of the consumer credit agreement relating to the above account. We are happy to do this for you; however, our client, RBS Card [sic], requires a fee of £1.00 for a copy agreement. Should you require copy statements a fee of £10.00 will be required. Please send fee this directly to AIC.
NOV Letter from Fredrickson International Ltd: Your details have been passed to us by MINT to act as a collection agent and we will now be dealing with your account. // Please telephone us to discuss your repayment options in detail. // If we do not hear from you we will be in contact with you by letter and/or phone.
NOV Sent Account Sold In Dispute letter
NOV Letter from Fredrickson International Ltd: Our client confirms they complied with your CCA request (copy of CCA enclosed). // Our client believes the outstanding balance is lawfully due to them. We confirm that we are acting in good faith and our actions have been lawful. We and our client deny harassment and any such claim will be vigorously defended and you are put to strict proof of such serious allegations. // This matter relates to a debt that you are contractually obliged to pay. As we have no record of a valid dispute in this matter, and as we have clarified our position and that of our client we look forward to hearing your payment proposals within the next 21 days. If we do not hear from you in that time collection activity may resume.
NOV Letter from Fredrickson International Ltd: Dated one day later than the above Thank you for your recent letter. We have referred the matter to our client and will revert to you as soon as we have received instructions. In the meantime, we confirm that we have placed the account on hold.

This arrived today ...

DEC Letter from Fredrickson: We wrote recently and invited you to contact us to discuss repayment proposals but we have failed to receive a satisfactory response from you. // To avoid further debt recovery action being taken you must contact us within the next seven days. // blah default registered on your credit file may adversely affect future applications for credit.

Not sure how to respond, given the stuff they sent in November ...

[Pip]

Re: Pip's UE Diary

Pip,

You have the same as me with MINT and MBNA. The same DCA's and everything all the way through them both. Have you got another MBNA which was Virgin CC?

Will see what happens when you get a reply to your A/C in dispute letter.

Hi Flossy,
I did have other MBNA cards in the past but paid them off and cut them into small pieces years ago. The one and only MBNA that I'm going down the unenforceability route with is the one listed here. It was a Virgin card of some sort, yes. It got sold on to "Britannica Recoveries S.á.r.l. Mortlake" (DCAs Arden/Moorgate), and it's now been sold on again to Arrow Global (DCA Wescot). Very parallel with yours and very similar timing!

[Flossy]

Re: Pip's UE Diary

Pip,

You have the same as me with MINT and MBNA. The same DCA's and everything all the way through them both. Have you got another MBNA which was Virgin CC?

Will see what happens when you get a reply to your A/C in dispute letter.

[Flossy]

Re: Pip's UE Diary

Hi Pip...

Found you with the help of Flower.

As soon as I got the NOA off Global I had a bit of a panic attack as I know there was quite a few on here who got court papers as PlanB said. Hi PlanB

I haven't read all your diary yet Pip so dont know if your account with MBNA is EN or not?

Niddy is just looking over my CCA's off them as I received 2 for some reason and they are both different! Plus, I have have another MBNA account which was originally Virgin CC....

I will keep an eye on your thread as well... Lets hope we are as lucky as PlanB

[Pip]

Re: Pip's UE Diary

Thanks everyone!
Recorded letter to Arrow it is then tomorrow!
(Thanks also for setting up the other thread Flowerpower, I'll just add a comment over there in that thread about letters/emails).

[PlanB]

Re: Pip's UE Diary

Thanks Vint.
I still haven't managed to finish reading through the reams of other threads to do with Arrow and their trigger-happy litigation. Would I send the Sold in Dispute letter to both Arrow and Wescot?

Many thanks!

Pip.

I got shot of Arrow by sending them a whole new s.78 CCA request because none of the DCAs to which they had delegated collection of the debt ever told them why I had disputed the account despite my "Account in Dispute" letters before returning the account to them each time so understandably I received a LBA direct from Arrow's solicitors with seven days to pay the full amount or else. There are a number of members on this site who were served with court papers recently

Here's my thread http://forums.all-about-debt.co.uk/s...ead.php?t=7631

The bottom line is how would they know the situation if you don't tell them because the OC won't have told them and neither will the DCAs

[Slickfm]

Re: Pip's UE Diary

Hi Pip

Just to let you know that arrow took over my account from MBNA back in January. Not much has happened really, just the odd letter here and there, nothing to threatening though and not heard from them for over 2 months now

Cheers!

[jon1965]

Pip's UE Diary

Hi Pip,

Just to arrow.

http://www.all-about-debt.co.uk/temp...lity/s3-t4.php

Sorry to contradict but I would do a belt n braces and send to both. Wescot have an email address so that can save you £1.55.
It does say in the letter that Wescot are dealing with all matters.

Pip my debt is going through the same process, MBNA>> Moorgate>>>Arrow. (Not had my letter yet from Arrow)

[vint1954]

Re: Pip's UE Diary

Sorry to contradict but I would do a belt n braces and send to both. Wescot have an email address so that can save you £1.55.
It does say in the letter that Wescot are dealing with all matters.

Pip my debt is going through the same process, MBNA>> Moorgate>>>Arrow. (Not had my letter yet from Arrow)

Jon,

Arrow are the owners and the ones chasing.

It should go to them.

I would never use emails for this kind of communication. It needs to be recorded delivery.