Pip's UE Diary

[Pip]

Re: Pip's UE Diary

Happy March! Got a letter today from BOS with a slight cranking up of the threats:

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

Wondering which one to respond with given that they mention charging orders etc. (even though I'm not a property owner ...)!

Hmm, after looking through some other diaries and the various letter template options, I'm not sure which to use for this.
It's an in-house DCA and it will be the first time I've responded to them. They're talking about charging orders and court and doorsteps, and I'll include the doorstop letter but I'm not sure which of these to respond with (as it's in-house, if that makes a difference?)

--> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
--> Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation
or
--> Our Templates | Unenforceability Templates | Threat by Creditor - To Apply for a Charging Order

[Deepie]

Re: Pip's UE Diary

Hmm, after looking through some other diaries and the various letter template options, I'm not sure which to use for this.
It's an in-house DCA and it will be the first time I've responded to them. They're talking about charging orders and court and doorsteps, and I'll include the doorstop letter but I'm not sure which of these to respond with (as it's in-house, if that makes a difference?)

--> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
--> Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation
or
--> Our Templates | Unenforceability Templates | Threat by Creditor - To Apply for a Charging Order

Send the top one..........they don't read them anyway..........

[PlanB]

Re: Pip's UE Diary

Send the top one..........they don't read them anyway..........

In which case maybe send the next one translated into French and see how they handle that

[CleverClogs (RIP)]

Re: Pip's UE Diary

Hmm, after looking through some other diaries and the various letter template options, I'm not sure which to use for this.
It's an in-house DCA and it will be the first time I've responded to them. They're talking about charging orders and court and doorsteps, and I'll include the doorstop letter but I'm not sure which of these to respond with (as it's in-house, if that makes a difference?)

--> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
--> Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation
or
--> Our Templates | Unenforceability Templates | Threat by Creditor - To Apply for a Charging Order

Why waste a stamp on those turkeys?

[CleverClogs (RIP)]

Re: Pip's UE Diary

In which case maybe send the next one translated into French and see how they handle that

Or translated into Welshish?

Example phrases:
thank you for your letter -- mynd ffwcio eich defaid
I cannot agree with you -- eich ceilliau yn fach iawn a chrebachlyd
You have not complied with my request -- eich pidyn yn llyngyr bwyta
This account is unenforceable -- eich pen i fyny eich cefn ôl

I hope this helps.

Mind you, the above are not literal translations.

[Pip]

Re: Pip's UE Diary

Pip's account no. 1
Capital One
2012
JAN CCA request sent to Capital One (Royal Mail delivery conf. printed)
JAN CCA received -- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter
JAN Letter from Capital One: IT IS IMPORTANT THAT YOU READ AND RESPOND TO THIS LETTER.
We have not received agreed DMP payment. You may need to contact organisation administering DMP to ensure payment has been sent. If we do not receive payment we may pass account to a debt collection agency to recover full outstanding balance or may choose to sell the account to a debt purchaser. If DMP organisation are no longer acting on your behalf you need to contact us to discuss other options to repay the outstanding balance.
FEB Epic four-page letter from Capital One: You have failed to state why you allege the Agreement is improperly executed // [Carey and McGuffick citations] // Your account is fully enforceable // This is my final response in relation to this matter // If proceedings were commenced by you [yeah, as if!] on the basis there is no valid agreement we would strongly defend this. // Account remains defaulted and balance remains fully due and owing. // Among other things, McGuffick established that a creditor's threatening legal action and bringing legal proceedings do not amount to enforcement.
FEB Letter from Fredrickson International: Demand for payment on behalf of "our client"; "We are the agent/contact us, not Capital One"
FEB Letter from Fredrickson: LETTER BEFORE ACTION -- Must be paid in full within 7 days otherwise we will take immediate action // blah list of court/solicitor fees // bailiff or sheriff office may be instructed if x, y, and z // payment accepted by x, y and CREDIT CARD ...
FEB Sent Threat-o-Gram Letter Before Action
FEB Letter from Fredrickson: We are unable to provide the documents you have requested. If you require documentation you can request this direct from our Client. // We are instructed to act as agents for our client; all our actions are lawful and on the instructions of our client. // We have removed your phone number from our system and any further correspondence shall be in writing. // We have placed your account on hold for 30 days and look forward to hearing from you with your payment proposals.

New one from Fredders today ... they've sort of done their homework ... sort of!

MAR Letter from Fredrickson: We have taken our client's instructions relating to your letter // They advise that they complied with your request for docs under CCA 1974 on xx Jan and provided their final response on yy Jan confirming that this request was complied with. // We have placed your account on hold for seven days and look forward to hearing from you with payment proposals.

Worth responding to or should I wait until they get nasty again?

[Deepie]

Re: Pip's UE Diary

just ignore............

[CleverClogs (RIP)]

Re: Pip's UE Diary

just ignore............

Or:

Dear Curs,

Thank you for your letter of nn March, in which you state that your client, Capital One, supplied some documents that they aver satisfied my request under s. 78 of the Consumer Credit Act 1974.

Those documents did not begin to satisfy my request as the terms prescribed by law (the Consumer Credit (Agreements) Regulations 1983) were missing. Did your clients not inform you of that fact, or that they've presented you with a hopelessly unenforceable debt which, by section 78(6) of the Consumer Credit Act 1974, remains unenforceable until they do satisfy my request under section 78(1)?

It is most interesting that you refer to Capital One as your clients, especially as your letter of nn February threatened litigation unless the sum demanded was paid in full within seven days. As you do not own this alleged debt, you plainly could not commence litigation despite your threats. Moreover, your letter suggested that payment could be made by credit card, which would have increased my borrowing elsewhere. Both of those statements blatantly contravene both the current and the previous Debt Collection Guidelines issued by the Office of Fair Trading, to whom I will submit copies of your letters so they may review how fit you are to hold a Consumer Credit Licence.

Yours Faithfully,

Clever Clogs

[Pip]

Re: Pip's UE Diary

Gosh Cloggy!
Could/should I really use that or would it be a bit too lippy? It's all accurate however! Maybe I could use it once they send something else after their seven days (or was it twenty-eight days? -- they keep confusing themselves!). I've a feeling such a letter might see Fredsons off however in search of easier prey ..!

Or:

Dear Curs,

Thank you for your letter of nn March, in which you state that your client, Capital One, supplied some documents that they aver satisfied my request under s. 78 of the Consumer Credit Act 1974.

Those documents did satisfy my request as the terms prescribed by law (the Consumer Credit (Agreements) Regulations 1983) were missing. Did your clients not inform you of that fact, or that they've presented you with a hopelessly unenforceable debt which, by section 78(6) of the Consumer Credit Act 1974, remains unenforceable until they do satisfy my request under section 78(1)?

It is most interesting that you refer to Capital One as your clients, especially as your letter of nn February threatened litigation unless the sum demanded was paid in full within seven days. As you do not own this alleged debt, you plainly could not commence litigation despite your threats. Moreover, your letter suggested that payment could be made by credit card, which would have increased my borrowing elsewhere. Both of those statements blatantly contravene both the current and the previous Debt Collection Guidelines issued by the Office of Fair Trading, to whom I will submit copies of your letters so they may review how fit you are to hold a Consumer Credit Licence.

Yours Faithfully,

Clever Clogs

[Mehim]

Re: Pip's UE Diary

Hi Folks,

is that a typo at the top

"Those documents did satisfy my request as the terms prescribed by law (the Consumer Credit (Agreements) Regulations 1983) were missing."

Slap me if I wrong.

[CleverClogs (RIP)]

Re: Pip's UE Diary

is that a typo at the top

Yes, it was.

I need a better profo reeder.

[CleverClogs (RIP)]

Re: Pip's UE Diary

Yes it does look like a typo it should read "didn't satisfy". I'm sure pip figured that one out he must be quite good at proof reading

'Dear curs' is probably not the best salutation either

It's a soft 'c'.

Or should it be "Dear curs or madmen"?

[CleverClogs (RIP)]

Re: Pip's UE Diary

[FONT="Segoe UI"]Gosh Cloggy!
Could/should I really use that or would it be a bit too lippy?

I could 'translate' it into Welshish, if you'd prefer.

[Pip]

Re: Pip's UE Diary

Pip's account no. 4
MBNA
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.

This has arrived this weekend; the first one of their letters worth responding to:

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 ...

There is no mention of who the OC is/was for this account (MBNA). Wondering which letter should go out in response to this (I'll put a doorstep threat letter in as well) ... something along the lines of "Who the hell are you" might be appropriate (or not!) .
Thanks!

[CleverClogs (RIP)]

Re: Pip's UE Diary

http://www.nasw.org/users/nbauman/arkell.htm