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.

It's a bit of an eerie feeling to get nearly a fortnight of DCA silence! It's a bit of a first and I should try to enjoy it when it happens, rather than entertaining self-torturing fantasies about brown envelopes with Northampton addresses on the back dropping through the letterbox
This weird thing just came in:

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 ..?

To my amateurish untrained eye, I'd guess it's a case of "wait and see what they send next"?

[Never-In-Doubt]

Re: Pip's UE Diary

But first I have to get Satander to send me my SAR

I'll be doing my SAR chaser to YB later tonight (well about 4am) so will post it on my thread re YB. I'm sure you were gonna copy it - if not you, someone

* head fried right now!

[CleverClogs (RIP)]

Re: Pip's UE Diary

Even worse when you've been paying such insurance on a flexi account and the insurance has been charged every month even when the account is in credit (which has been 90% of the time), unlike conventional PPI on a CC where the charge varies in accordance with the outstanding balance.

I have been paying such 'insurance' for over 18 years without really being aware of it!

Does that mean you'll soon be rich?

[CleverClogs (RIP)]

Re: Pip's UE Diary

Since when exactly was it lawful for a bank to swindle its customers?

Isn't that what they've been doing all along? Like charging £25 to send you a letter saying they DIDN'T pay a DD? Even 20 years ago, when £25 was a lot more in real terms!

The difference between such egregious overcharging or profiteering, and actually swindling their customers may seem slight, but there is a difference.

When a bank refuses to proceed with a transaction, it should tell its customer what it has (not) done and give the reason why. The actual cost of this to the bank is no more than a few pence; even including the cost of the postage, the cost will not exceed £1 and that is all the bank should charge as liquidated damages. The rest of the penalty charge - and it is a penalty, despite what the thin-lipped Andrew Smith might have declared - is pure profit. As all banks do this, there is a market failure and customers have, effectively, no way to migrate to a bank that does not overcharge.

In the case of wrongly sold Payment 'Protection' Insurance, no service had been provided for the customer, nor would any service ever be provided. The premiums were pure profit, with no cost to the bank save a few pounds for telling customers who tried to claim that their claim would not be honoured. One might even wonder why the banks did not also offer meteor strike insurance or insurance against an invasion from the planet Kwako - perhaps they thought they might have to pay out on such policies?

[CleverClogs (RIP)]

Re: Pip's UE Diary

Another muppet:

[CleverClogs (RIP)]

Re: Pip's UE Diary

Thanks Niddy -- will send again as they received it in the first week of March

Use a larger typeface as they are evidently getting hairy palms and going blind from too much debt collecting.

this is becoming a bit of a pattern with in-house DCAs ... (BLS/Lloyds, BOS/Bank of Scotland) but can't expect much else from the twazzocks.

Indeed, but that's because they share the same, arrogant ethos of their parent companies, all of whom seem to have the idea that the law simply does not apply to anything they do.

It was heralded as some sort of a breakthrough when the ruling of the Fundamentally Supine Authority on mis-sold payment 'protection' insurance was upheld in the courts, as the banks thought they could win with their argument that they weren't 'regulated' at the time the policies were sold.

Well, so what?

Since when exactly was it lawful for a bank to swindle its customers?

[Pip]

Re: Pip's UE Diary

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

Thanks Niddy -- will send again as they received it in the first week of March ... this is becoming a bit of a pattern with in-house DCAs ... (BLS/Lloyds, BOS/Bank of Scotland) but can't expect much else from the twazzocks.

While it's still March, can I cram this one in? Not a big fan of St Patrick's Day a.k.a. Guinness Marketing Bandwagon Day (although I do like Guinness!) and I missed getting this out in time. But it deserves a muppety mention and it's a good laugh!

[Never-In-Doubt]

Re: Pip's UE Diary

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

[Pip]

Re: Pip's UE Diary

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

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

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

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

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

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

[Pip]

Re: Pip's UE Diary

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

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

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

[Never-In-Doubt]

Re: Pip's UE Diary

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

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

[CleverClogs (RIP)]

Re: Pip's UE Diary

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

[Never-In-Doubt]

Re: Pip's UE Diary

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

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

[Pip]

Re: Pip's UE Diary

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

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

Uh oh. BLS have cranked up the nastiness:

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

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

Thanks!

[Pip]

Re: Pip's UE Diary

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

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

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


Oh, wait, no -- there she is!