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  • Re: Pip's UE Diary

    Originally posted by Pip View Post
    Pip's account no. 2
    Halifax
    Start date: Oct 2005
    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 April 2011.
    Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

    2011 = Pre-AAD days
    JUN Moorcroft: Notice of "intended litigation", referring to Halifax as "our client"
    JUN CCA request letter sent to Moorcroft
    JUN Moorcroft: Notice of "possible litigation", including a list of silly potential fees
    JUN Moorcroft confirming CCA request, say they've requested docs from Halifax; account on hold until docs supplied. Request for indication of info I would rely upon when giving evidence to a court (??!)
    JUL Account in dispute letter sent (although, sillily, I was continuing to pay via DMP)
    JUL Moorcroft confirming CCA request, identically worded to June letter
    JUL Another account in dispute letter sent
    JUL Moorcroft: "We understand our client has now contacted you with the relevant information [they hadn't] ... we trust that the documents resolve your query ...
    SEP Moorcroft acknowledging direct payment to Halifax, saying that Moorcroft are responsible for the admin of the account and telling me I should pay them (even though they haven't bought it)
    SEP Another account in dispute letter sent
    NOV Moorcroft acknowledging direct payment to Halifax, same wording as Sep letter above
    DEC CCA Final Demand sent to Moorcroft -- they signed for original CCA request letter in June and cashed the PO around the same time (checked with Post Office)

    2012 = now following AAD guidance
    JAN CCA request letter sent direct to Halifax (Royal Mail delivery conf. printed)
    JAN From Moorcróft: Missed call (early morning weekend) and text from Moorcróft: Please contact us immediately on 0161 ... to discuss your overdue payment on account no. xxx. Another missed call from Moorcroft a few days later (evening)
    JAN Moorcroft letter: Records show not paid Halifax full amount [did pay them something in Dec though]. Unless payment received by return of post, we may recommend to our clients that they instruct their solicitors to commence legal proceedings without further notice. Neither we nor client wish to take this step; call us on above no. and we would be happy to agree a repayment plan.Note: Moorcroft don't own this debt, they know payment has continued to go to Halifax, so why the hell bother paying the monkey (or indeed the organ grinder)...
    JAN CCA received from HBOS directly -- emailed Niddy -- Niddy says and to wait for now to see what comes back from other lenders.
    JAN Rather cryptically, have received a letter and £1 cheque from Moorcroft: "Further to your request for a copy of your credit agreement, we regret that because of the age of this account our client is unable to produce a copy of your document given that the agreement is over 6 years old and to this end we therefore return the £1 payment [...] Notwithstanding this our clients believe the above balance remains due and payable and we therefore require immediate payment of this sum or realistic proposals for repayment. The Information Commissioner's Office has confirmed that whereas a debtor is not obliged to repay the account due to the provisions of the CCA, this does not mean that there was no enforceable agreement. Look forward to hearing from you within next 14 days with proposals for discharging this liability."
    FEB Moorcroft letter: "Home Collections Division". You have defaulted on agreement we reached [I didn't negotiate any agreement with Moorcroft]. This may involve our local rep calling at your home in next few day to try to assist you [...] Payment must reach us in three days. If no satisfactory agreement is made with us or our local rep we'll have to recommend to client that solicitors commence legal proceedings without further notice.
    FEB Sent Threat of Doorstep Visit letter
    FEB Sent Letter Previously Confirming No CCA
    FEB Exceedingly polite three-page letter (with two-page appendix) from Moorcroft! (with some grammar corkers): We confirm your account has been amended to ensure NO telephone calls and NO visits while contact is maintained in writing as you have suggested. We stress that it is certainly not our intention to harass any member of the public with our contact at our client's request ... ["any member of the public"?? Like a random shopper in the high street?]. // Our records show that we have providided [sic] you with our client's response advising that due to the age of this account our client would be unable to provide this documentation for you [and very nice of you to put it in writing for me again, thank you very much!].// We feel it prudent at this point to bring to you attention the following information: In relation to the validity of a debt, it is our understanding that the Information Commissioner's Office has confirmed blah unenforceablity [I can't for the life of me think what the Information Commissioner has to do with this?]. // Account will remain on hold for 28 days to give you an opportunity to respond. Should we receive no further contact within the 28 days we believe it is sensible to close this account on our systems and return this account back to our client.
    APR Letter from CapQuest: Your Halifax account has been referred to CapQuest to manage in all matters relating to collection, which may include personal visits by doorstep collection agency and possible litigation. If you are not in a position to settle account in full contact us blah etc.
    APR Sent Letter to CapQuest Previously Confirming No CCA
    APR Letter from CapQuest: Further to your recent contact and request for further info, account is now on hold for 28 days whilst we obtain information required. // If you have any proof of payments or correspondence that would assist with your query, please forward these documents to our Collections Administration dept.
    APR Letter from CapQuest: We thank you for your correspondence and respond as follows: we can confirm we have requested a copy of the agreement from our client
    JUL Letter from Halifax: As we haven't been able to agree to a suitable repayment plan, we've transferred your Halifax credit card to a debt collection agency, Robinson Way. We've instructed Robinson Way to arrange collection of the outstanding amount.
    JUL Letter from Robinson Way: FORMAL DEMAND FOR PAYMENT // Our client has authorised us to recover full amount. If you don't we may advise our client to start court action. If this, then that; unpaid debts don't just go away, blah etc.
    JUL 2012 Sent Letter to Robinson Way Previously Confirming No CCA

    2013
    JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us £10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.
    AUG Letter from CapQuest: We refer to our recent letter. As legal owners of this account, we are able to obtain regular updated from credit reference agencies regarding your current financial position. We use this data to evaluate what steps should be taken to get your account into a paying status. We will use financial updates from CRAs in conjunction with other factors in determining our recovery strategy, which may include legal action. // Alternatively [...] you do not have to pay the full balance immediately; we will work with you to agree an acceptable arrangement. [...] We will need you to contact us within the next 14 days to discuss the opportunities further.
    AUG Sent Letter to Capquest Previously Confirming No CCA
    AUG Letter from CapQuest: As you will now be aware your account is being processed for legal action. Your account has been selected for a one-time solution to settle your account (pay 70% of total in instalments). This offer will remain open for 10 days. If at any time you find yourself in difficultly, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdrawn. // We hope that you seriously consider this proposal. Yours sincerely, Capquest [i.e. not a named person]
    SEP Letter from CapQuest: Further to your recent contact, your account is on hold for 28 days whilst we obtain the info required.
    OCT Letter from CapQuest: Please find enclosed copy document(s) as requested [Copy of application form enclosed but no terms]. If you are not currently repaying this account on arrangement, it is now imperative that you deal with this matter immediately by sending your payment directly to us. // We have placed your account on hold for seven days. If we do not receive contact from you by this date your account will be passed to our Collections department for further action. Signed, "Collections Administration".
    OCT Sent Letter to Capquest Missing Prescribed Terms
    OCT Letter from CapQuest: We regret that you have been dissatisfied with our service
    NOV Letter from CapQuest: We apologise for the delay in dealing with your complaint
    NOV Letter from CapQuest: A copy of the agreement was sent to you in October and I enclose a further copy. Statements and terms & conditions have been requested from the original creditor and your account will remain on hold until we receive these documents. We appreciate that you believe the agreement is unenforceable, however it is likely you would have received a copy of the agreement when your credit card was issued. You would have had every opportunity to raise any issues with the OC that you may have had in relation to the agreement at that time. // Please be advised that the copy of the agreement may refer to the prescribed terms for your account; however it is sufficient for you to be provided with a copy of the full T&Cs upon signing the agreement [?]. Also, the documents you request do not need to be provided on a single piece of paper to constitute a single document. [Copy of signed application form with scratchy T&Cs on back enclosed]

    2014
    MAR Letter from CapQuest: Letter containing bunch of unformatted statements and T&Cs. and "Please contact our Collections department to arrange suitable method of payment. Account on hold for 30 days to allow you time to contact us regarding repayment".
    APR Sent CCA request to Capquest

    Capquest have responded to the CCA request:
    APR Response from CapQuest: Letter containing signed application form and original terms (no "current" terms included). Also bunch of statements (weirdly formatted) and going back way before default. Covering letter states "Please call us to discuss payment options on this account".

    Here's a colour-coded(!) rundown of what has been sent when:
    Jan 2012: OC sent copy of signed application form, current and original T&Cs. Niddy said
    Oct 2013: Capquest (new owner of debt) sent a copy of signed application form* only
    Mar 2014: Capquest sent current* and original* T&Cs, and strangely formatted statements (but no copy of the application form).
    Apr 2014: Capquest sent original* T&Cs, signed application form* and strangely formatted statements (but no copy of the "current" terms).
    * same as provided by OC in Jan 2012

    Essentially, despite these various permutations of what has been sent, this is as confirmed by Niddy. They haven't got heavy just yet, saying just: "Please contact us to discuss payment options". Once I've gone out of their correspondence and admin dept's in-tray, I'd hope it would get chucked onto the DCA merry-go-round. I'm tempted to wait to see what they send next and indeed what the tone of that is. Other suggestions and advice as welcome as ever though!

    Comment


    • Re: Pip's UE Diary

      Originally posted by Pip View Post
      Pip's account no. 2
      Halifax
      Start date: Oct 2005
      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 April 2011.
      Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

      2011 = Pre-AAD days
      [snipped, see post #2 for rest]

      2012 = now following AAD guidance

      JAN CCA received from HBOS directly -- emailed Niddy -- Niddy says and to wait for now to see what comes back from other lenders.
      JAN Rather cryptically, have received a letter and �1 cheque from Moorcroft: "Further to your request for a copy of your credit agreement, we regret that because of the age of this account our client is unable to produce a copy of your document given that the agreement is over 6 years old and to this end we therefore return the �1 payment [...] Notwithstanding this our clients believe the above balance remains due and payable and we therefore require immediate payment of this sum or realistic proposals for repayment. The Information Commissioner's Office has confirmed that whereas a debtor is not obliged to repay the account due to the provisions of the CCA, this does not mean that there was no enforceable agreement. Look forward to hearing from you within next 14 days with proposals for discharging this liability."
      [-- snipped, see post #2 for rest]
      JUL 2012 Sent Letter to Robinson Way Previously Confirming No CCA

      2013
      JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us �10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.
      AUG Letter from CapQuest: We refer to our recent letter. As legal owners of this account, we are able to obtain regular updated from credit reference agencies regarding your current financial position. We use this data to evaluate what steps should be taken to get your account into a paying status. We will use financial updates from CRAs in conjunction with other factors in determining our recovery strategy, which may include legal action. // Alternatively [...] you do not have to pay the full balance immediately; we will work with you to agree an acceptable arrangement. [...] We will need you to contact us within the next 14 days to discuss the opportunities further.
      AUG Sent Letter to Capquest Previously Confirming No CCA
      AUG Letter from CapQuest: As you will now be aware your account is being processed for legal action. Your account has been selected for a one-time solution to settle your account (pay 70% of total in instalments). This offer will remain open for 10 days. If at any time you find yourself in difficultly, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdrawn. // We hope that you seriously consider this proposal. Yours sincerely, Capquest [i.e. not a named person]
      SEP Letter from CapQuest: Further to your recent contact, your account is on hold for 28 days whilst we obtain the info required.
      OCT Letter from CapQuest: Please find enclosed copy document(s) as requested [Copy of application form enclosed but no terms]. If you are not currently repaying this account on arrangement, it is now imperative that you deal with this matter immediately by sending your payment directly to us. // We have placed your account on hold for seven days. If we do not receive contact from you by this date your account will be passed to our Collections department for further action. Signed, "Collections Administration".
      OCT Sent Letter to Capquest Missing Prescribed Terms
      OCT Letter from CapQuest: We regret that you have been dissatisfied with our service
      NOV Letter from CapQuest: We apologise for the delay in dealing with your complaint
      NOV Letter from CapQuest: A copy of the agreement was sent to you in October and I enclose a further copy. Statements and terms & conditions have been requested from the original creditor and your account will remain on hold until we receive these documents. We appreciate that you believe the agreement is unenforceable, however it is likely you would have received a copy of the agreement when your credit card was issued. You would have had every opportunity to raise any issues with the OC that you may have had in relation to the agreement at that time. // Please be advised that the copy of the agreement may refer to the prescribed terms for your account; however it is sufficient for you to be provided with a copy of the full T&Cs upon signing the agreement [?]. Also, the documents you request do not need to be provided on a single piece of paper to constitute a single document. [Copy of signed application form with scratchy T&Cs on back enclosed]

      2014
      MAR Letter from CapQuest: Letter containing bunch of unformatted statements and T&Cs. and "Please contact our Collections department to arrange suitable method of payment. Account on hold for 30 days to allow you time to contact us regarding repayment".
      APR Sent CCA request to Capquest
      APR Response from CapQuest: Letter containing signed application form and original terms (no "current" terms included). Also bunch of statements (weirdly formatted) and going back way before default. Covering letter states "Please call us to discuss payment options on this account".
      I just received this ... received today, six days after the date on the letter ...
      MAY "LETTER OF CLAIM under the Practice Direction- Pre Action Conduct" from CapQuest: As a result of your failure to respond we must now consider your account for legal action. Your a/c is being passed through our pre-action validation and checks (e.g. residential/employment status). // Any claim will be issued in the name of CapQuest Investments Ltd and will be for the unpaid balance. We are not aware of any dispute relating to the account but are willing to discuss with you any issues relating to our claim and to seek to resolve them through alternative dispute resolution methods. Our preferred method is a without prejudice discussion with you or your advisers. We refer you to the Practice Direction - Pre Action Conduct which provides that parties should exchange information before starting proceedings. Para 4 allows the court to impose sanctions on a party who does not comply with its requirements. // You can avoid the possibility of a claim being issued by phoning our team of negotiators on .... to discuss payment options or by letter setting out your payment proposals. You do not have to pay the full balance immediately. // We will allow you a further 14 days to contact us. If you do nothing we will complete our pre-action checks which may result in your account being sent to our solicitors for a claim to be issued in the County Court.

      It's one that's been spat out by their letter-sending machine and not signed by a human, but obviously it needs a response. I'm happy to blag along as far as possible as I have no assets (no mortgage or property or even a car). I'd really like some advice on how to deal with this one as it's enforceable and I've recently had a response to a CCA request.

      Any advice very much appreciated! It's the start of a bank holiday weekend but the dodgy looking weather on the forecast suggests that AAD won't be a completely empty house through till Tuesday ..!

      Comment


      • Re: Pip's UE Diary

        If you're happy to continue blagging I'd be sending Formal letter Before Action Response unless someone with more knowledge than I do suggests something else.
        Let your smile change the world but don't let the world change your smile


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Re: Pip's UE Diary

          Originally posted by Pixie View Post
          I'd be sending Formal letter Before Action Response unless someone with more knowledge than I do suggests something else.
          I agree with Pixie

          Pip have you registered for the new AAD main site so you can access the Template Letters? If not read this http://forums.all-about-debt.co.uk/s...l=1#post389442

          Comment


          • Re: Pip's UE Diary

            Many thanks Pixie and PlanB. I have access to the templates, thanks. I'll get this sent first class recorded first thing on Tuesday!

            I haven't heard any recent tales of legal action by Capquest on the forums; if I've missed something though, I'd be very grateful if you can point me in the right direction ...

            Thanks again!

            Comment


            • Re: Pip's UE Diary

              Originally posted by Pip View Post
              Pip's account no. 2
              Halifax
              Start date: Oct 2005
              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 April 2011.
              Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

              2011 = Pre-AAD days
              (snipped, see post #2 for rest)


              2012 = now following AAD guidance
              (snipped, see post #2 for rest)
              JAN CCA received from HBOS directly -- emailed Niddy -- Niddy says and to wait for now to see what comes back from other lenders.
              (snipped, see post #2 for rest)

              2013
              JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us �10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.
              AUG Letter from CapQuest: We refer to our recent letter. As legal owners of this account, we are able to obtain regular updated from credit reference agencies regarding your current financial position. We use this data to evaluate what steps should be taken to get your account into a paying status. We will use financial updates from CRAs in conjunction with other factors in determining our recovery strategy, which may include legal action. // Alternatively [...] you do not have to pay the full balance immediately; we will work with you to agree an acceptable arrangement. [...] We will need you to contact us within the next 14 days to discuss the opportunities further.
              AUG Sent Letter to Capquest Previously Confirming No CCA
              AUG Letter from CapQuest: As you will now be aware your account is being processed for legal action. Your account has been selected for a one-time solution to settle your account (pay 70% of total in instalments). This offer will remain open for 10 days. If at any time you find yourself in difficultly, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdrawn. // We hope that you seriously consider this proposal. Yours sincerely, Capquest [i.e. not a named person]
              SEP Letter from CapQuest: Further to your recent contact, your account is on hold for 28 days whilst we obtain the info required.
              OCT Letter from CapQuest: Please find enclosed copy document(s) as requested [Copy of application form enclosed but no terms]. If you are not currently repaying this account on arrangement, it is now imperative that you deal with this matter immediately by sending your payment directly to us. // We have placed your account on hold for seven days. If we do not receive contact from you by this date your account will be passed to our Collections department for further action. Signed, "Collections Administration".
              OCT Sent Letter to Capquest Missing Prescribed Terms
              OCT Letter from CapQuest: We regret that you have been dissatisfied with our service
              NOV Letter from CapQuest: We apologise for the delay in dealing with your complaint
              NOV Letter from CapQuest: A copy of the agreement was sent to you in October and I enclose a further copy. Statements and terms & conditions have been requested from the original creditor and your account will remain on hold until we receive these documents. We appreciate that you believe the agreement is unenforceable, however it is likely you would have received a copy of the agreement when your credit card was issued. You would have had every opportunity to raise any issues with the OC that you may have had in relation to the agreement at that time. // Please be advised that the copy of the agreement may refer to the prescribed terms for your account; however it is sufficient for you to be provided with a copy of the full T&Cs upon signing the agreement [?]. Also, the documents you request do not need to be provided on a single piece of paper to constitute a single document. [Copy of signed application form with scratchy T&Cs on back enclosed]

              2014
              MAR Letter from CapQuest: Letter containing bunch of unformatted statements and T&Cs. and "Please contact our Collections department to arrange suitable method of payment. Account on hold for 30 days to allow you time to contact us regarding repayment".
              APR Sent CCA request to Capquest
              APR Response from CapQuest: Letter containing signed application form and original terms (no "current" terms included). Also bunch of statements (weirdly formatted) and going back way before default. Covering letter states "Please call us to discuss payment options on this account".
              MAY "LETTER OF CLAIM under the Practice Direction- Pre Action Conduct" from CapQuest: As a result of your failure to respond we must now consider your account for legal action. Your a/c is being passed through our pre-action validation and checks (e.g. residential/employment status). // Any claim will be issued in the name of CapQuest Investments Ltd and will be for the unpaid balance. We are not aware of any dispute relating to the account but are willing to discuss with you any issues relating to our claim and to seek to resolve them through alternative dispute resolution methods. Our preferred method is a without prejudice discussion with you or your advisers. We refer you to the Practice Direction - Pre Action Conduct which provides that parties should exchange information before starting proceedings. Para 4 allows the court to impose sanctions on a party who does not comply with its requirements. // You can avoid the possibility of a claim being issued by phoning our team of negotiators on .... to discuss payment options or by letter setting out your payment proposals. You do not have to pay the full balance immediately. // We will allow you a further 14 days to contact us. If you do nothing we will complete our pre-action checks which may result in your account being sent to our solicitors for a claim to be issued in the County Court.
              MAY Sent Formal Letter Before Action Response to Capquest
              Well! It's taken them nearly two months to reply; all I got was this one liner and nothing else. No reference to litigation or anything:
              JUL Received from Capquest: We've received your correspondence. Lloyds Banking Group have advised us that the default notice was issued in April 2011. A copy of this notice is no longer available. (signed Customer Services)

              As mentioned a couple of months ago, I haven't read anything on the diaries lately about litigation by Capquest. On the face of it, this letter doesn't seem to need a reply, but of course I'll be glad of any advice! Many thanks!

              Comment


              • Re: Pip's UE Diary

                I think I would wait and see what they send next.
                Let your smile change the world but don't let the world change your smile


                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • Re: Pip's UE Diary

                  Thanks Pixie!
                  I should know better but I got really quite nervous when I saw this envelope before I opened it ...

                  Comment


                  • Re: Pip's UE Diary

                    Originally posted by Pip View Post
                    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 ...

                    [snipped, see post #4 for rest]

                    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.
                    [snipped, see post #4 for rest]
                    2013
                    [snipped, see post #4 for rest]
                    2014
                    JUL Letter from Arrow Global: We have now appointed Rockwell Debt Collection Agency to manage your account. Please contact Rockwell DCA to arrange payment of this account as a matter of urgency.
                    JUL Letter from Rockwell: Welcome to Rockwell. Please call us.
                    AUG Sent Account Sold in Dispute letter to Rockwell
                    OCT Letter from Rockwell: We referred your letter to our client. They have since confirmed that they received a request for CCA docs. These were all sent to you in Aug 2013, however we note you disputed the validity of the agreement with our client. They have further confirmed that this was not upheld and they sent you their final response in Sep 2013. As such, the balance remains due for payment. We therefore await your realistic proposals, along with income, expenditure, assets and liabilities. Blank I&E form enclosed. If you require further assistance in managing your debt, contact CAB, StepChange etc.
                    Rockwell have eventually got back to me after giving themselves an extended summer break. Wonder if the next step is to send a Missing Prescribed Terms letter?
                    Many thanks as ever!

                    Comment


                    • Re: Pip's UE Diary

                      Hi Pip
                      I think the next step would be the letter you mention http://www.all-about-debt.co.uk/inde...escribed-terms
                      good luck NW x
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Re: Pip's UE Diary

                        Originally posted by Pip View Post
                        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
                        snipped, see post #3 for rest
                        JAN Reply to CCA request received from Lloyds TSB -- Niddy says !
                        snipped, see post #3 for rest
                        2014
                        snipped, see post #3 for rest
                        DEC Notice of Assignment from Lloyds Lloyds has assigned all of its respective rights, title and interest in respect of this account (inc. outstanding balance) to 1st Credit (Finance) Ltd,
                        DEC Letter from 1st Credit Following assignment from Lloyds Bank plc, we would like to introduce 1st Credit (Finance) Ltd as the new legal owner of the outstanding debt. Please contact us to discuss repayment options.
                        2015
                        JAN Letter from 1st Credit If we don't hear from you, we can't help. [...] Should no contact be made with 1st Credit an escalation in collections activity may be considered. We prefer to not pursue this course of action and encourage you to engage with us to reach a resolution.
                        Hope I can still use these smilies through to the end of winter! I was sad to see people dragging their Christmas trees along the street to the council recycling area as early as Boxing Day.

                        1st Credit are here and they've bought Lloyd's Lemon Basted Turkey. I've read on SXGuy's diary that Niddy recommends just sending off a CCA request to 1st Credit as a first contact rather than the usual letter sequence. Lloyds have never produced a valid CCA. Going by what Niddy said a few weeks ago, I'll send off a CCA request today!

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                        • Re: Pip's UE Diary

                          good plan Pip, they(1st credit) are getting a bit excited so better to put their gas at a peep

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                          • Re: Pip's UE Diary

                            Originally posted by Pip View Post
                            Hope I can still use these smilies through to the end of winter! I was sad to see people dragging their Christmas trees along the street to the council recycling area as early as Boxing Day.

                            1st Credit are here and they've bought Lloyd's Lemon Basted Turkey. I've read on SXGuy's diary that Niddy recommends just sending off a CCA request to 1st Credit as a first contact rather than the usual letter sequence. Lloyds have never produced a valid CCA. Going by what Niddy said a few weeks ago, I'll send off a CCA request today!
                            From personal experience, they do back right off if the OC can't produce the documentation. Hope that's the case here.

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                            • Re: Pip's UE Diary

                              Thanks Mrs D and Grassy!
                              Good to know that they backed off in your case, Grassy ... I know of two other members who are in exactly the same position at the mo -- SXGuy and Henryhatter. I'll be keeping an eye on their experiences!

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                              • Re: Pip's UE Diary

                                1st Credit seem to love the printer at the moment, i must have got about 3 letters all a week apart over xmas. What winds me up is their timing. I know they do it to try and scare you, but it was xmas and new year? how do they know we arnt away for 2 weeks! winds me up.
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