Re: Pip's UE Diary
And these are the other two ... hmm. This was yet a previous DCA had said no CCA was available...
Originally posted by Pip
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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 Previously Confirming No CCA
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 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
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