Pip's UE Diary

[Pip]

Re: Pip's UE Diary

Hello all,

I just got home this evening after two weeks away. There were five letters waiting, the first of which was this not-so-nice specimen:

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

2012
JAN CCA request sent to Sainsbury's Bank (Royal Mail delivery conf. printed)
JAN CCA received-- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter to Sainsbury's
FEB Letter from Blair, Oliver & Scott Payment not received // Failure to give attention to this will result in further action
FEB Letter from Sainsbury's We have complied with s.78 // I disagree that the application is unreadable // Agreement is and will remain enforceable // Full balance is due and in arrears
MAR Letter from Blair, Oliver & Scott Payment in arrears // Must pay immediately // Failure will result in your plan being cancelled and further action to recover debt. This may include door-to-door recovery agent to call at your address; court action to seek a judgment -- if successful we could seek an order allowing us to collect money direct from your employer or if you are a homeowner applying to court for a charging order on your property. Call today // payment can be made by CREDIT CARD
MAR Sent Threat-o-Gram Letter Before Action
MAR Letter from Blair, Oliver & Scott DO NOT IGNORE // Urgently trying to contact you // you do not appear to have responded to our requests for payment or provided acceptable repayment proposals // Call "helpline" below to speak to our agents // We urge you to sort this issue out immediately to prevent us taking further action. This may include doorstep collectors/court action/charging order.
MAR Letter from Blair, Oliver & Scott YOUR IMMEDIATE ACTION IS REQUIRED // You have failed to respond to our requests for full payment and not contacted this office with acceptable repayment proposals. Because of this your debt will be prepared for further action if you do not contact us within five days. // What action will be taken? // Door-to-door collectors/Court action may be taken, charging order. How can you prevent this happening? Pay balance in full/call us TODAY to agree a suitable repayment plan. You can still prevent further action by calling us today and making a CREDIT or debit card payment. We suggest you contact a solicitor or CAB.
MAR Replied sending copies of Threat-o-Gram Letter Before Action previously sent to them which they have so far ignored
APR Letter from Sainsbury's: [Although I wrote to BO&S, not them; letter with Leeds address at top and not a proper letterhead, and with a 2nd class frank on envelope bearing "Birmingham"] Unfortunately, we've issued our final response. // Means we've nothing further to add // we really can't keep writing to you about the same issue. However, you have my assurance that we'll add any further letters you send us to our file. Turning to your allegations of harassment [...] the bank will give no undertaking not to contact your client to ask for payment, particularly as the alleged "dispute" is unfounded. // You have asked that all communication is in writing posted by special or recorded delivery [no I didn't ask for special/recorded] and that we do not contact you by telephone. Happy to write to you by standard postal services but reserve the right to contact by telephone for our legitimate commercial purposes. // As explained in our final response letter, if you're still unhappy you can ask the FOS to look into what's happened. We've now closed our file but will cooperate fully with Ombudsman Service if you decide to ask them to look into your complaint.
MAY Letter from Blair, Oliver & Scott NOTICE OF INTENDED COURT ACTION -- SAINSBURY'S BANK PLC versus PIP. Formal notice is hereby given that our client has instructed us to commence court proceedings against you without delay. Papers are now being prepared for commencement of action through your local court to seek a judgment against you. If you are a homeowner and do not pay [...] we may apply for charging order on your property. YOU MUST MAKE PAYMENT NOW TO STOP ACTION BEING TAKEN. Call today/talk to Helpline staff/ make payment.
MAY Sent Threat to Commence Litigation letter to B, O & S
JUN Letter from Sainsbury's Notice that they've "transferred" the debt to Moorcroft [although it's got a Stockport frank on the letter -- it's like anybody could knock these things up and send them out ...]
JUN Letter from Moorcroft: Been instructed by Sainsbury's // Legal requirement to send notice of intended litigation before legal proceedings are issued // Letter fulfils this even if not read by you // To prevent our recommending to our client that solicitors commence legal proceedings ... essential to settle debt without delay. If an agreement is not reached in [four days' time(!)], a claim may be issued by solicitors instructed to act on behalf of our client without further notice. Etc. Etc.
JUN Sent Threat to Commence Litigation letter to Moorcroft
JUN Letter from Moorcroft: Requesting £1 CCA request fee
JUN Sent letter to Moorcroft saying that I sent a CCA request letter to Sains. on such-and-such date
JUL Letter from Moorcroft: Please send proof that you requested CCA and that the £1 was paid.

JUL Letter from Midas Credit Services: LITIGATION WARNING -- We are part of Moorcroft Group and are aware that you have failed to reach a repayment agreement with Moorcroft concerning above a/c. We are now reviewing the a/c prior to the possible recommending of legal action by external solicitors acting on behalf of our clients. To prevent possible further action you must contact Moorcroft at this address. Failure to contact Moorcroft by [couple of days ago] may result in the issue of legal proceedings without further notice.

[Pixie]

Re: Pip's UE Diary

Bit of a daft one today:

JUL Letter from Moorcroft: Please send proof that you requested a CCA from Sains. and that the £1 was paid.

It was a postal order for a start. Think this one might be an "ignore"? (<< special July woolly hat!)
I'm going away tomorrow for a couple of weeks so I hope nothing comes in the meantime that requires urgent attention. Given that the general letter volume has reduced since the start of my CCA journey (just like seasoned site members said it would!!), I'll hope that they won't be any ogres on the doormat on my return!

I've not heard of Moorcroft using that one before

Did you send the cca request recorded delivery? That way, you'd have proof that it was delivered.

Go and have a good time. It's unlikely that there'll be any ogres on your doormat...some members go away for a lot longer than 2 weeks and they've not had anything too nasty waiting for them on their return.

[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

Bit of a daft one today:

JUL Letter from Moorcroft: Please send proof that you requested a CCA from Sains. and that the £1 was paid.

It was a postal order for a start. Think this one might be an "ignore"? (<< special July woolly hat!)
I'm going away tomorrow for a couple of weeks so I hope nothing comes in the meantime that requires urgent attention. Given that the general letter volume has reduced since the start of my CCA journey (just like seasoned site members said it would!!), I'll hope that they won't be any ogres on the doormat on my return!

[SXGuy]

Re: Pip's UE Diary

Jon, add in capital big bold red letters at the top

estoppel by acquiescence

which means, failure to repsond means you agree to the terms lol

[jon1965]

Re: Pip's UE Diary

Now theres a thought, could Niddy or CC do me one

Dear Arseholes
As you seem to totally misunderstand the concept of a S77-79 request and the law that surrounds it, I have decided that you need a lesson.
Therefore I will be visiting your premises on xxxxxx to instruct you all in how to handle a S77-79 request , the time limits involved and the consequences of not complying with one.

My usual charges are £1000 per hour but on this occasion I am in a position to offer you a special discount of 50% which equates to £500 per hour +VAT.
Payment is expected on the day
Unless I hear from you by 4pm on XXXXXX I will be with you by 9am XXXXXX

Please have my bill ready to settle, I accept cash only

[jon1965]

Re: Pip's UE Diary

Oh I am missing the cut and thrust of txts and calls and responding to letters. If i am bored I could always have a ride over to solihull and go visit arden....now wouldn't that confuse them.

[Pip]

Re: Pip's UE Diary

Are you in Spain? In which case, OLE! go back to the celebrations!

No, not in Spain yet! It used to be that I didn't go abroad in the summer as I used to think: "why go away while the weather's nice here?"

Trouble is, we haven't actually had a summer to speak of for about five years now, so going to Spain for about five days in July is a real treat where it's proper summer!

[Pip]

Re: Pip's UE Diary

Send them a one liner telling them that...........I would if it was me

Thanks, I2D! This company seems to have a bit of a split personality -- it's either "Moorgate" or "Arden", almost arbitrary which letterhead they use ... I'll send it off tomorrow (Monday!)

[Deepie]

Re: Pip's UE Diary

I'm still awaiting their "full response" that they said in March that they would send "shortly" ...


Send them a one liner telling them that...........I would if it was me

[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 ..?

Hello all -- hope everyone's enjoying the fantastic summer weather we've been having! (I'm typing this reluctantly on a Mac so it might be a bit all-over-the-place) ...

This one came a bit out of the blue -- they are extremely concerned, but not so concerned that they have bothered to write to me in three months ...

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 ...

I'm still awaiting their "full response" that they said in March that they would send "shortly" ...

[Deepie]

Re: Pip's UE Diary

Hmm. They've responded with this:

JUN Letter from Moorcroft: Requesting £1 CCA request fee

I Would send them a one liner saying I have proof ..... request for CCA was made on...............

[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

Hmm. They've responded with this:

JUN Letter from Moorcroft: Requesting £1 CCA request fee

[Pip]

Re: Pip's UE Diary

Thanks fellas!

[Never-In-Doubt]

Re: Pip's UE Diary

If It were me I Would send this-------> Threat by Creditor - To Commence Litigation

I agree - get that sent asap

[Deepie]

Re: Pip's UE Diary

Blimey, what a quiet time it's been on the letter front -- a full four weeks! I knew it couldn't last and so this time I thoroughly enjoyed it while it lasted by banishing thoughts of debt, money and credit cards from my mind during the letter silence, rather than my past tactic of misguided speculation about why they weren't writing. Sainsbury's have at last shipped out this one to externalmuppets for them to start shaking their tickling sticks at me via Royal Mail. It's our old friends Moorcroft:

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.

Not sure which letter to send back given that this is Moorcroft's first communication (apart from their forged Sainsbury's letter with the identical Stockport letter franking). Despite it being the first letter from an external DCA, there's a lot of court this and Judgment that ...
Many thanks as ever for the guidance!

If It were me I Would send this-------> Threat by Creditor - To Commence Litigation