Pip's UE Diary

[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
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.
JUL Sent Threat to Commence Litigation letter to Moorcroft
JUL Sent Threat to Commence Litigation letter to Midas
JUL Letter from Moorcroft: Our records show you have not made any payment to us // account has now been passed to our Home Collections Division for action. May involve local rep calling at your home address // If you prefer to make repayment arrangement, you must TELEPHONE us no later than [sometime later this week]. If no satisfactory arrangement is made with us or our local rep, you may leave us with lo alternative but to recommend client to commence legal/solicitors proceedings without further notice
JUL Sent Threat to Commence Litigation letter to Moorcroft (again)
JUL Letter from Moorcroft: Thank you for your letter requesting a copy of the credit agreement [I didn't send them one requesting this; this is how they've interpreted the threat to commence lit. letter.] Under the CCA 1974 you must provide £1 fee. Consequently if you submit the prescribed payment we will gladly process your request.
JUL Letter from Moorcroft: Our records show that you have failed to pay the £1.00 fee, therefore we have been unable to assist you in your request. Please forward the £1 fee payable to the above client etc.
AUG Letter from Moorcroft: We are agents of "Sainsbury Bank" [sic]. We have been asked to contact the a/c holder and we have been provided this address by a credit ref. agency. Please contact us to confirm the position [???] so that we can make the appropriate arrangements. However, if you believe that you are not the person responsible for the account, it is important that you contact us immediately, either by phone or letter.

I've now got Moorcrap phoning me each day ... wondering if I need to send them a letter or wait until they write again? I can handle the phone calls for now; I'll keep a log of the time and date etc.
Thanks! (Needless to say, I'm not discussing anything with them on the phone! )

[Pip]

Re: Pip's UE Diary

(Please see here for my introduction thread. Thanks!)

Pip's account no. 1
Capital One
Start date: Feb 2005
Balance as of Dec 2011: approx. £4,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Sep 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 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.
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.
AUG Letter from Credit Solutions: FORMAL DEMAND // Capital One has informed us that debt remains unpaid and you have not complied with the Default Notice that was recently issued [nearly two years ago] We have been instructed to collect the outstanding balance in full which is due immediately. // Failure to pay your outstanding balance may result in one of the following: (1) our client sharing info with UK CREDIT REFERENCE AGENCIES [quaking in my boots]; (2) Your account may be referred to a 'DOORSTEP COLLECTOR' to evaluate and discuss your circumstances and collect payment. // PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. // To avoid any of the above action you need to pay the outstanding balance by return, or alternatively you must telephone us to discuss arrangements for repayment. Failure to make payment or contact us will result in further action.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Account Sold in Dispute letter to Credit Solutions

A couple of firsts for me ... a postcard and a settlement offer!

AUG Postcard (sent by bulk mail) sent from Power 2 Connect Ltd: I CONFIRM THAT I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL ON WEDNESDAY BETWEEN 9AM AND 9PM
AUG Letter from Credit Solutions: OPPORTUNITY TO SAVE 50% -- Following a recent review of your account, we are pleased to advise that our client is prepared to accept a 50% discount on your account and will not pursue the balance further. etc etc.

[MrsD]

Re: Pip's UE Diary

both of these were hopeful mailshots, I'd just wait and see what they produce next............

[Pixie]

Re: Pip's UE Diary

A couple of firsts for me ... a postcard and a settlement offer!

AUG Postcard (sent by bulk mail) sent from Power 2 Connect Ltd: I CONFIRM THAT I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL ON WEDNESDAY BETWEEN 9AM AND 9PM

Of course, Power " Contact don't say they will be calling AT your house...

AUG Letter from Credit Solutions: OPPORTUNITY TO SAVE 50% -- Following a recent review of your account, we are pleased to advise that our client is prepared to accept a 50% discount on your account and will not pursue the balance further. etc etc.

Pay 50% or pay nothing? difficult decision isn't it?

[vint1954]

Re: Pip's UE Diary

They don't stipulate a date either.

They always seem to want to call on a Wednesday.

I had a couple. They never did show. Shame, we had tea and biscuits ready.

[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 ..?
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 ...
JUN Letter to Arden Credit Mgt: Telling them last letter received from them was in March saying "a full response will be sent to you shortly".
JUL Letter from Moorgate Loan Servicing: Sorry to learn of your dissatisfaction with the service received; complaints are taken seriously, [blah etc]. With reference to your letter of xx March 2012, our final response was sent on xx April 2012 (copy enclosed). Moorgate Loan Servicing has now appointed Arden Credit Mgt to manage your loan account. I can see from our records that Arden has made several attempts to contact you to discuss the account. The telephone calls have been made due to the need for a payment arrangement in line with your personal affordability and where possible to include proposals to reduce your account arrears. // Arden has tried to contact you to discuss the situation and I apologise that you have been upset by these calls. However payments do need to be mutually agreed and maintained. I note that you have not made a payment since xx January 2012. Failure to contact Arden immediately may now result in legal proceedings. Therefore contact us on [phone number] to discuss options to discharge yourself from this responsibility. // We are responding to your enquiry in respect of a loan with Britannica Recoveries SARL-Mortlake on behalf of Moorgate Loan Servicing. // Financial ombudsman info etc. blah.
JUL Letter from Arden Credit Mgt: Despite our numerous attempts to contact you we have not had a response from you or an indication of willingness from you to resolve this matter. Further to our last correspondence we have reviewed your account and determined that further action is necessary. To that end, I am going to instruct field agents to attend your property to discuss the matter with you in person. A fee for the visit will be charged to you with the amount not exceeding £75.00. We can cancel this if you contact us within five days of this letter and make satisfactory arrangements regarding your account.
JUL Sent Threat of Doorstep Visit letter to Arden Credit Mgt
JUL Letter from Resolvecall: We have been instructed by Arden Credit Mgt to contact you regarding the outstanding balance due to them by you. Arden Credit Mgt advise us that they have not been able to contact you [but I have been in contact with them] and they are concerned that you may be experiencing difficulty meeting your repayments. It is in your interest to contact Arden immediately upon receipt of this letter to discuss this account as a matter of urgency so that they can try and help you find a way to repay the outstanding balance. // If you do not contact Arden, this may lead to a personal visit being made by one of our representatives. // To avoid the need for this action, please call Arden on 0800 blah at once. They are happy to accept payment over the phone by debit/credit card. // Act now to get help; Please do not ignore this letter.
JUL Sent Threat of Doorstep Visit letter to Resolvecall
AUG Letter from Arden Credit Mgt: Income and Expenditure Statement -- Please complete and return this I&E statement within the next seven days. We will use this info to assess your affordability [sic] and to agree a payment arrangement with you. Blah etc.
AUG Sent Account Sold in Dispute letter to Arden
AUG Letter from Arden Credit Mgt: We have noted there has been no payment since [donkeys ago]. We require a payment arrangement to be put in place on this a/c immediately. Please complete the enclosed income and expenditure form. [No I&E form was enclosed]
AUG Letter from Arden Credit Mgt: I would like to speak with you about your account. Upon receiving this letter please contact this office on the above number, quoting a/c no. I look forward to [not] hearing from you.
AUG Letter from Arden Credit Mgt: Thank you for your recent letters. The notification sent to you dated July 2012 informing you that we were going to instruct agents to your property confirms our appointment. [???] We provided you with a copy of your credit agreement in April 2012. I enclose a statement of your account* for your information. Please contact us in order to discuss your payment proposals. Failure to do so may result in further action being taken. We will not be releasing you from your obligation. I hope this clarifies our position.
AUG Statement of Account enclosed with above letter: Please find detailed below a breakdown of your account, as requested.
Date --- Transaction Type --- Debit --- Credit --- Balance. Should you have any queries regarding the above, please contact this office on 0845 ... Yours sincerely. [There are no digits or figures shown on this "statement" whatsoever!]

Two letters today -- the first one:

AUG Letter from Arden Credit Mgt: Thank you for your recent letter dated xx August 2012. Our position remains as outlined in our previous responses. We have nothing further to add. I trust this clarifies our position in this matter.

Is this a "wait and see what they send next"?

[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
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.
JUL Sent Threat to Commence Litigation letter to Moorcroft
JUL Sent Threat to Commence Litigation letter to Midas
JUL Letter from Moorcroft: Our records show you have not made any payment to us // account has now been passed to our Home Collections Division for action. May involve local rep calling at your home address // If you prefer to make repayment arrangement, you must TELEPHONE us no later than [sometime later this week]. If no satisfactory arrangement is made with us or our local rep, you may leave us with lo alternative but to recommend client to commence legal/solicitors proceedings without further notice
JUL Sent Threat to Commence Litigation letter to Moorcroft (again)
JUL Letter from Moorcroft: Thank you for your letter requesting a copy of the credit agreement [I didn't send them one requesting this; this is how they've interpreted the threat to commence lit. letter.] Under the CCA 1974 you must provide £1 fee. Consequently if you submit the prescribed payment we will gladly process your request.
JUL Letter from Moorcroft: Our records show that you have failed to pay the £1.00 fee, therefore we have been unable to assist you in your request. Please forward the £1 fee payable to the above client etc.
AUG Letter from Moorcroft: We are agents of "Sainsbury Bank" [sic]. We have been asked to contact the a/c holder and we have been provided this address by a credit ref. agency. Please contact us to confirm the position [???] so that we can make the appropriate arrangements. However, if you believe that you are not the person responsible for the account, it is important that you contact us immediately, either by phone or letter.

And this one ...

AUG Letter from Moorcroft in Comic Sans font: IMPORTANT INFORMATION - POSSIBLE FURTHER ACTION. To prevent further debt recovery action, please send your payment proposal before a date three days hence or phone 0161 within the next seven days [durr?]. If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our clients that they consider possible further debt recovery action against you, which may follow. Contact us now and we would be happy to discuss a payment programme that you can afford and maintain, In certain circumstances we may also be able to offer a substantial discount from the outstanding balance. Contact us now.

They seem to ignore letters, but I've a feeling a letter might be needed in response to this one ..?

[Pip]

Re: Pip's UE Diary


Just wondering what to reply to Moorcroft with re. the above? (They're also getting a bit heavy with the phone calls and texts).

Many thanks!

[Deepie]

Re: Pip's UE Diary

Just wondering what to reply to Moorcroft with re. the above? (They're also getting a bit heavy with the phone calls and texts).

Many thanks!

Send this--------> Harassment by Telephone

[Pip]

Re: Pip's UE Diary

Send this--------> Harassment by Telephone

Thanks I2D! They say "If you do not contact us following receipt of this letter then x, y z". It might not be the contact they're looking for, but it's contact nonetheless! (I had two calls and a text from them this morning -- I'm logging it all ...!)

[The Tech Clerk]

Re: Pip's UE Diary

Thanks I2D! They say "If you do not contact us following receipt of this letter then x, y z". It might not be the contact they're looking for, but it's contact nonetheless! (I had two calls and a text from them this morning -- I'm logging it all ...!)

Sounds like the usual phishing letter that gets sent to many of the same name/initials if they are not sure you are the one they want to pester & beg for money.

[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.
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.
MAR Replied sending copies of Threat-o-Gram Letter Before Action previously sent to them which they have so far ignored
APR Letter on Lloyds TSB letterhead but with Robinson Way address at top right of page: Statement of account going back a year [laid out like a letter, not a "regular" credit card statement] Wording includes: If you have a problem with your agreement, please try and settle it with us in the first instance.
APR Letter from Robinson Way (same day as above LTSB statement letter): FORMAL DEMAND FOR PAYMENT. Our client has authorised us to recover the full amount you owe. PLEASE PAY blah. If you cannot pay in full, call us to agree an affordable payment plan. If you don't, we may advise court action. If you fail to pay in accordance with court payment order, the following may occur: # Application made to court to enforce repayment [?], # Future credit will be difficult to obtain [durr!]. # This account may continue to be a worry for you. Unpaid debts don't just go away or get forgotten no matter how much people want that to happen.
APR Sent Account sold whilst in dispute letter to Robinson Way
APR Letter from Robinson Way [above sold in dispute letter has crossed with this one]: SECURITY TELEMESSAGE - SECURITY TELEMESSAGE [yet so urgent that they sent it via Mailsort-type bulk mail] RECENT ACTIONS ON YOUR ACCOUNT ARE GIVING CAUSE FOR CONCERN - PLEASE CONTACT US IMMEDIATELY ON 0845 - PLEASE DO NOT DELAY - QUOTE ABOVE REFERENCE NUMBER - SECURITY TELEMESSAGE - SECURITY TELEMESSAGE
MAY Letter from Robinson Way: Please note we have noted the dispute/query you have raised; we will make enquiries and let you know the outcome. In the meantime we will stop all collection activity for this account.

Another one yawns back into action, stretching and bones a-cracking:

SEP Letter from Apex Credit Mgt: Our client is aware of the difficult financial circumstances that a number of their customers are currently experiencing. As a result they have authorised us to consider a discounted settlement figure against the above listed debt. We may be able to offer you a substantial discount on your balance and would like to explore this option with you. This offer is available for a period of 21 days from the date of this letter. To confirm eligibility and take advantage of this enhanced opportunity to clear this debt, please contact us without delay.

Hopefully right in thinking that this one would be just to ignore and see what they send next ... it's about the most kid-glovesy initial letter I've ever received!

[Pixie]

Re: Pip's UE Diary

It's up to you whether you ignore them or send the account sold while in dispute letter.

[Pip]

Re: Pip's UE Diary

(Please see here for my introduction thread. Thanks!)

Pip's account no. 1
Capital One
Start date: Feb 2005
Balance as of Dec 2011: approx. £4,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Sep 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 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.
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.
AUG Letter from Credit Solutions: FORMAL DEMAND // Capital One has informed us that debt remains unpaid and you have not complied with the Default Notice that was recently issued [nearly two years ago] We have been instructed to collect the outstanding balance in full which is due immediately. // Failure to pay your outstanding balance may result in one of the following: (1) our client sharing info with UK CREDIT REFERENCE AGENCIES [quaking in my boots]; (2) Your account may be referred to a 'DOORSTEP COLLECTOR' to evaluate and discuss your circumstances and collect payment. // PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. // To avoid any of the above action you need to pay the outstanding balance by return, or alternatively you must telephone us to discuss arrangements for repayment. Failure to make payment or contact us will result in further action.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Account Sold in Dispute letter to Credit Solutions
AUG Postcard (sent by bulk mail) sent from Power 2 Connect Ltd: I CONFIRM THAT I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL ON WEDNESDAY BETWEEN 9AM AND 9PM
AUG Letter from Credit Solutions: OPPORTUNITY TO SAVE 50% -- Following a recent review of your account, we are pleased to advise that our client is prepared to accept a 50% discount on your account and will not pursue the balance further. etc etc.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Threat of doorstep visit letter to Power 2 Contact

More nonsense from this lot.

SEP Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice.

They've ignored my letters about no doorstep visit. Wondering what, if anything, to do now apart from not answering the door if the @#*!s turn up?

[Pip]

Re: Pip's UE Diary

Thanks FP!
They've started up their incessant phone calling again today ... from spoofed mobile phone numbers. I can see how their tactic is to pester, hound and and harass people into submission! (I'm sure using spoofed mobile phone numbers must contravene some OFT rule somewhere ...)