Pip's UE Diary

[Pip]

Re: Pip's UE Diary

Pip's account no. 6
RBS Mint
Start date: March 2000
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 Nov 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 RBS
JAN CCA received -- emailed Niddy --Niddy says (post #92)
JAN Sent Missing Prescribed Terms letter
FEB Received letter from RBS: We have met our obligations under s78(1). We see no reason to enter into further correspondence about alleged CCA breaches. We do not consider this account to be in dispute. Contact CAB or similar if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).
MAR Letter from RBS: (and a terse one at that): THIS IS A FINAL DEMAND FOR PAYMENT // We currently require £xxxxxx.xx from you. If we do not receive payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage, this can be prevented and we are still willing to discuss a payment programme.
APR Letter from Allied International Credit (AIC): Your account has been passed to us by RBS Card Services to act as a collection agent and we will now be dealing with your a/c. // We offer a flexible approach [...] different options that suit a wide range of personal circumstances [...] You may have been unable to find a suitable repayment plan on this account previously and we believe that we can help you repay the account. [nice!] We will be in contact with you during the next seven days by letter and/or phone in order to discuss your repayment options in detail. In the meantime, if you want to contact us you can phone us on a Glasgow number even though the address on the back of the envelope is a Bristol one. [Thanks for the offer but I don't think I'll bother.]
APR Sent Account Sold In Dispute letter
APR Letter from Allied International Credit (AIC): We note that you are requesting a copy of the consumer credit agreement relating to the above account. We are happy to do this for you; however, our client, RBS Card [sic], requires a fee of £1.00 for a copy agreement. Should you require copy statements a fee of £10.00 will be required. Please send fee this directly to AIC.
NOV Letter from Fredrickson International Ltd: Your details have been passed to us by MINT to act as a collection agent and we will now be dealing with your account. // Please telephone us to discuss your repayment options in detail. // If we do not hear from you we will be in contact with you by letter and/or phone.
NOV Sent Account Sold In Dispute letter
NOV Letter from Fredrickson International Ltd: Our client confirms they complied with your CCA request (copy of CCA enclosed). // Our client believes the outstanding balance is lawfully due to them. We confirm that we are acting in good faith and our actions have been lawful. We and our client deny harassment and any such claim will be vigorously defended and you are put to strict proof of such serious allegations. // This matter relates to a debt that you are contractually obliged to pay. As we have no record of a valid dispute in this matter, and as we have clarified our position and that of our client we look forward to hearing your payment proposals within the next 21 days. If we do not hear from you in that time collection activity may resume.
NOV Letter from Fredrickson International Ltd: Dated one day later than the above Thank you for your recent letter. We have referred the matter to our client and will revert to you as soon as we have received instructions. In the meantime, we confirm that we have placed the account on hold.

This arrived today ...

DEC Letter from Fredrickson: We wrote recently and invited you to contact us to discuss repayment proposals but we have failed to receive a satisfactory response from you. // To avoid further debt recovery action being taken you must contact us within the next seven days. // blah default registered on your credit file may adversely affect future applications for credit.

Not sure how to respond, given the stuff they sent in November ...

[ScabHunter]

Re: Pip's UE Diary

This arrived today ...

DEC Letter from Fredrickson: We wrote recently and invited you to contact us to discuss repayment proposals but we have failed to receive a satisfactory response from you. // To avoid further debt recovery action being taken you must contact us within the next seven days. // blah default registered on your credit file may adversely affect future applications for credit.

Not sure how to respond, given the stuff they sent in November ...

This is the third case I've seen on this forum in the last week where exactly this has happened. Freds are being extremely deceitful, by threatening people directly after they stated that the matter was "on hold".

If it was me, I would just refer them back to the original statement that the matter was on hold -

"I am in receipt of your letter dated xx/xx/xxxx.

I refer you to your own previous letter, dated xx/xx/xxxx, in which you confirmed that this matter had been placed on hold while you referred to your client.

I trust you will now deal with the matter accordingly.

Yours Faithfully,"

I'd send this at the end of the week, so it reaches them early next week. They won't then have time to do much else before the break.

SH

[Pip]

Re: Pip's UE Diary

I'd send this at the end of the week, so it reaches them early next week. They won't then have time to do much else before the break.

Great tip thanks ScabHunter! Maybe 2nd class an' all ...

[The Tech Clerk]

Re: Pip's UE Diary

sent some 1st class only one got there so far, and that was last Thursday.

[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!]
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.
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.
NOV Letter from Arrow Global: NOTICE OF ASSIGNMENT. All rights, title and interest transferred to Arrow Global Guernsey Limited. This account will be managed on behalf of Arrow Global Guernsey Ltd by Wescot and all future payments and correspondence should be sent to Wescot. If you are not making regular payments on this account place contact Wescot as soon as possible. [Data Protection act gubbins on reverse of letter]
NOV Sent Account Sold in Dispute letter to Arrow

Ah well, I've eventually heard back from Arrow one month later:

DEC Letter from Arrow Global: We acknowledge your request for documentation pursuant to the CCA 1974 (I didn't request this from them) // We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the originating creditor and will revert in due course. // We confirm that all collection activity will be suspended pending provision of the documents.

Thankfully nothing to worry about -- there's always a bit of trepidation on opening an envelope with an unfamiliar postmark on it -- (in this case Manchester)!

[vint1954]

Re: Pip's UE Diary

Absolute twaddle. Of course they are the creditor. If they are not, who is?

What planks.

You may want to concider writing to them under CPUTR 2008 asking them who is the creditor. They cannot lie.

Look out P1's thread

[Pip]

Re: Pip's UE Diary

AYou may want to concider writing to them under CPUTR 2008 asking them who is the creditor. They cannot lie.

Thanks Vint -- I'll have a read into that!

[Pip]

Re: Pip's UE Diary

Pip's account no. 6
RBS Mint
Start date: March 2000
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 Nov 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 RBS
JAN CCA received -- emailed Niddy --Niddy says (post #92)
JAN Sent Missing Prescribed Terms letter
FEB Received letter from RBS: We have met our obligations under s78(1). We see no reason to enter into further correspondence about alleged CCA breaches. We do not consider this account to be in dispute. Contact CAB or similar if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).
MAR Letter from RBS: (and a terse one at that): THIS IS A FINAL DEMAND FOR PAYMENT // We currently require £xxxxxx.xx from you. If we do not receive payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage, this can be prevented and we are still willing to discuss a payment programme.
APR Letter from Allied International Credit (AIC): Your account has been passed to us by RBS Card Services to act as a collection agent and we will now be dealing with your a/c. // We offer a flexible approach [...] different options that suit a wide range of personal circumstances [...] You may have been unable to find a suitable repayment plan on this account previously and we believe that we can help you repay the account. [nice!] We will be in contact with you during the next seven days by letter and/or phone in order to discuss your repayment options in detail. In the meantime, if you want to contact us you can phone us on a Glasgow number even though the address on the back of the envelope is a Bristol one. [Thanks for the offer but I don't think I'll bother.]
APR Sent Account Sold In Dispute letter
APR Letter from Allied International Credit (AIC): We note that you are requesting a copy of the consumer credit agreement relating to the above account. We are happy to do this for you; however, our client, RBS Card [sic], requires a fee of £1.00 for a copy agreement. Should you require copy statements a fee of £10.00 will be required. Please send fee this directly to AIC.
NOV Letter from Fredrickson International Ltd: Your details have been passed to us by MINT to act as a collection agent and we will now be dealing with your account. // Please telephone us to discuss your repayment options in detail. // If we do not hear from you we will be in contact with you by letter and/or phone.
NOV Sent Account Sold In Dispute letter
NOV Letter from Fredrickson International Ltd: Our client confirms they complied with your CCA request (copy of CCA enclosed). // Our client believes the outstanding balance is lawfully due to them. We confirm that we are acting in good faith and our actions have been lawful. We and our client deny harassment and any such claim will be vigorously defended and you are put to strict proof of such serious allegations. // This matter relates to a debt that you are contractually obliged to pay. As we have no record of a valid dispute in this matter, and as we have clarified our position and that of our client we look forward to hearing your payment proposals within the next 21 days. If we do not hear from you in that time collection activity may resume.
NOV Letter from Fredrickson International Ltd: Dated one day later than the above Thank you for your recent letter. We have referred the matter to our client and will revert to you as soon as we have received instructions. In the meantime, we confirm that we have placed the account on hold.
DEC Letter from Fredrickson: We wrote recently and invited you to contact us to discuss repayment proposals but we have failed to receive a satisfactory response from you. // To avoid further debt recovery action being taken you must contact us within the next seven days. // blah default registered on your credit file may adversely affect future applications for credit.
DEC Replied to Fredricksons referring them back to their November "account on hold" letter

And this came today, probably before Freds had time to digest the letter I sent recently ...

DEC Letter from Bryan Carter Solicitors: Fredrickson have asked us to write to you in connnection with this outstanding debt as they have failed to receive a satisfactory response from you in their requests for payment. Freds would still like to set up an affordable repayment arrangement with you and you should contact them to discuss repayment options. // Please note that if you do not contact Fredricksons to discuss repayment arrangements further debt recovery action may be taken against you. // This is a serious matter and you may wish to take independent legal advice.

Wondering if I should send something to Bryan Carter? Probably just a 2nd class with proof of posting letting them know that I'm still awaiting Fred's update since the "on hold" letter back in November?

PS I notice that Bryan Carter's address differs from Fredrickson's by only the final letter of the postcode ... although the BC letter is franked "Aldershot" that is 20-odd miles from Weybridge ... Hmm, bit of a puzzle probably not worth trying to fathom out!

[Deepie]

Re: Pip's UE Diary

And this came today, probably before Freds had time to digest the letter I sent recently ...

DEC Letter from Bryan Carter Solicitors: Fredrickson have asked us to write to you in connnection with this outstanding debt as they have failed to receive a satisfactory response from you in their requests for payment. Freds would still like to set up an affordable repayment arrangement with you and you should contact them to discuss repayment options. // Please note that if you do not contact Fredricksons to discuss repayment arrangements further debt recovery action may be taken against you. // This is a serious matter and you may wish to take independent legal advice.

Wondering if I should send something to Bryan Carter? Probably just a 2nd class with proof of posting letting them know that I'm still awaiting Fred's update since the "on hold" letter back in November?

I'd be sending if it were me --> Account Sold whilst in Dispute

[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 £1.00 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.
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.
SEP Sent Telephone Harassment letter to Moorcroft
SEP LONG letter from Moorcroft: We confirm your a/c has been amended so that you receive no telephone contact from us whilst written contact is now [sic] maintained. // Our records do not appear to show any direct telephone contact has been achieved. In order for the relevant department to investigate the level of frequency and quantity of calls made we ask that you provide specific details such as times, dates, etc. [I've made a log of these.] // We can see from our records that you have requested a copy of the relevant CCA and a letter has been sent to you to request the relevant £1.00 fee and to date we do not appear to have received this payment. // In relation to the validity of this debt, it is our understanding that the Information Commissioner's Office has confirmed blah etc [as seen elsewhere, they quote the ICO which is utterly irrelevant. They may as well quote something that Zippy and Bungle from Rainbow have said while they're at it]. Blah more quotes re. UE from OFT website // With this information in mind we could confirm that our client has appointed us to assist with the recovery of this outstanding debt that they believe you are liable for. We would now ask that you provide any specific reason why you may not be liable for this debt and why our client should not be requesting payment. // You account is on hold for 14 days to allow you the opportunity to respond to this letter and our request.
SEP Sent follow-up Telephone Harassment letter to Moorcroft and another confirmation that I had paid the £1.00 fee in January
OCT Another long letter from Moorcroft: Blah guff about their calls not constituting harassment // We do not appear to have received the £1.00 fee [I didn't send it to them, I sent it to OC in Jan] // Blah, wrangle over the £1.00 [...] however, to assist in this matter I have requested that our client provides us with a copy of the CCA and statements of this account that support the liability suggested by our client. This request is being made in an effort to move this account forward. // I request that you confirm specifically why you believe you may not be liable for this debt that our client has requested is repaid. Your account is on hold for 28 days to allow you the opportunity to respond to this letter and our request, and for us to revert back to you with our client's response.
NOV Letter from Moorcroft: We have contacted our client; account remains on hold whilst client continues to investigate the matter.

Cripes. This has been going back and forth for a while ... the latest instalment:

DEC Letter from Moorcroft: Our client advises us that a copy of the agreement has been sent to you previously. They believe that this now settles matters and have instructed us to help them recover this debt for which they believe you remain liable. If you have further concerns I ask that you provide specific reasons why you may not be liable for this account. // Your account remains on hold for a further 14 days.

I suppose I've got 14 days to think about what to do next ..?

[ScabHunter]

Re: Pip's UE Diary

If it was me, I would wait for the next threat, and then send Moroncrap a copy of the missing prescribed terms letter which was sent to the OC in January, along with a note saying “Please find attached, a copy of a letter which was sent to Sainsbury's Bank on xx/01/2012. The situation remains unchanged.”

SH

[Pip]

Re: Pip's UE Diary

Thanks SH -- it may well end up being a year to the day when I sent the original letter to the OC!

[Pip]

Re: Pip's UE Diary

Cripes! One year in on the UE journey! I don't necessarily want to wish my life away, but thinking about it, it's really flown! And the sky didn't fall in when I stopped payments ...

Many many thanks to Niddy and everyone at AAD for all the truly exceptional support and advice! :niddy

[Pip]

Re: Pip's UE Diary

Pip's account no. 6
RBS Mint
Start date: March 2000
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 Nov 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 RBS
JAN CCA received -- emailed Niddy --Niddy says (post #92)
JAN Sent Missing Prescribed Terms letter
FEB Received letter from RBS: We have met our obligations under s78(1). We see no reason to enter into further correspondence about alleged CCA breaches. We do not consider this account to be in dispute. Contact CAB or similar if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).
MAR Letter from RBS: (and a terse one at that): THIS IS A FINAL DEMAND FOR PAYMENT // We currently require £xxxxxx.xx from you. If we do not receive payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage, this can be prevented and we are still willing to discuss a payment programme.
APR Letter from Allied International Credit (AIC): Your account has been passed to us by RBS Card Services to act as a collection agent and we will now be dealing with your a/c. // We offer a flexible approach [...] different options that suit a wide range of personal circumstances [...] You may have been unable to find a suitable repayment plan on this account previously and we believe that we can help you repay the account. [nice!] We will be in contact with you during the next seven days by letter and/or phone in order to discuss your repayment options in detail. In the meantime, if you want to contact us you can phone us on a Glasgow number even though the address on the back of the envelope is a Bristol one. [Thanks for the offer but I don't think I'll bother.]
APR Sent Account Sold In Dispute letter
APR Letter from Allied International Credit (AIC): We note that you are requesting a copy of the consumer credit agreement relating to the above account. We are happy to do this for you; however, our client, RBS Card [sic], requires a fee of £1.00 for a copy agreement. Should you require copy statements a fee of £10.00 will be required. Please send fee this directly to AIC.
NOV Letter from Fredrickson International Ltd: Your details have been passed to us by MINT to act as a collection agent and we will now be dealing with your account. // Please telephone us to discuss your repayment options in detail. // If we do not hear from you we will be in contact with you by letter and/or phone.
NOV Sent Account Sold In Dispute letter
NOV Letter from Fredrickson International Ltd: Our client confirms they complied with your CCA request (copy of CCA enclosed). // Our client believes the outstanding balance is lawfully due to them. We confirm that we are acting in good faith and our actions have been lawful. We and our client deny harassment and any such claim will be vigorously defended and you are put to strict proof of such serious allegations. // This matter relates to a debt that you are contractually obliged to pay. As we have no record of a valid dispute in this matter, and as we have clarified our position and that of our client we look forward to hearing your payment proposals within the next 21 days. If we do not hear from you in that time collection activity may resume.
NOV Letter from Fredrickson International Ltd: Dated one day later than the above Thank you for your recent letter. We have referred the matter to our client and will revert to you as soon as we have received instructions. In the meantime, we confirm that we have placed the account on hold.
DEC Letter from Fredrickson: We wrote recently and invited you to contact us to discuss repayment proposals but we have failed to receive a satisfactory response from you. // To avoid further debt recovery action being taken you must contact us within the next seven days. // blah default registered on your credit file may adversely affect future applications for credit.
DEC Replied to Fredricksons referring them back to their November "account on hold" letter
DEC Letter from Bryan Carter Solicitors: Fredrickson have asked us to write to you in connnection with this outstanding debt as they have failed to receive a satisfactory response from you in their requests for payment. Freds would still like to set up an affordable repayment arrangement with you and you should contact them to discuss repayment options. // Please note that if you do not contact Fredricksons to discuss repayment arrangements further debt recovery action may be taken against you. // This is a serious matter and you may wish to take independent legal advice.
DEC Letter to Bryan Carter referring them to previous Freds letter
DEC Letter from Fredrickson: Despite a letter from Bryan Carter Solicitors you have failed to discharge a debt with our client. // We are prepared to offer you one final opportunity to pay before recommending to our client that further debt recovery action be taken against you.

And the first of today's bumper postbag:

2013
JAN Letter from Fredrickson: Our client confirms that they complied with your request for CCA documents in January 2012. // Our client believes the outstanding balance is lawfully due to them. // This matter relates to a debt that you are contractually obliged to pay. As we have no record of a valid dispute in this matter, and as we have clarified our position and that of our client we look forward to hearing your payment proposals within the next 21 days. If we do not hear from you in that time collection activity may resume.

Hmm ... this has been one of the more incompetent DCAs but they sort of seem to have got their papers in order eventually ... they'll resume their letters in a few weeks, so maybe it's worth waiting until their next instalment?

[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 £1.00 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.
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.
SEP Sent Telephone Harassment letter to Moorcroft
SEP LONG letter from Moorcroft: We confirm your a/c has been amended so that you receive no telephone contact from us whilst written contact is now [sic] maintained. // Our records do not appear to show any direct telephone contact has been achieved. In order for the relevant department to investigate the level of frequency and quantity of calls made we ask that you provide specific details such as times, dates, etc. [I've made a log of these.] // We can see from our records that you have requested a copy of the relevant CCA and a letter has been sent to you to request the relevant £1.00 fee and to date we do not appear to have received this payment. // In relation to the validity of this debt, it is our understanding that the Information Commissioner's Office has confirmed blah etc [as seen elsewhere, they quote the ICO which is utterly irrelevant. They may as well quote something that Zippy and Bungle from Rainbow have said while they're at it]. Blah more quotes re. UE from OFT website // With this information in mind we could confirm that our client has appointed us to assist with the recovery of this outstanding debt that they believe you are liable for. We would now ask that you provide any specific reason why you may not be liable for this debt and why our client should not be requesting payment. // You account is on hold for 14 days to allow you the opportunity to respond to this letter and our request.
SEP Sent follow-up Telephone Harassment letter to Moorcroft and another confirmation that I had paid the £1.00 fee in January
OCT Another long letter from Moorcroft: Blah guff about their calls not constituting harassment // We do not appear to have received the £1.00 fee [I didn't send it to them, I sent it to OC in Jan] // Blah, wrangle over the £1.00 [...] however, to assist in this matter I have requested that our client provides us with a copy of the CCA and statements of this account that support the liability suggested by our client. This request is being made in an effort to move this account forward. // I request that you confirm specifically why you believe you may not be liable for this debt that our client has requested is repaid. Your account is on hold for 28 days to allow you the opportunity to respond to this letter and our request, and for us to revert back to you with our client's response.
NOV Letter from Moorcroft: We have contacted our client; account remains on hold whilst client continues to investigate the matter.
DEC Letter from Moorcroft: Our client advises us that a copy of the agreement has been sent to you previously. They believe that this now settles matters and have instructed us to help them recover this debt for which they believe you remain liable. If you have further concerns I ask that you provide specific reasons why you may not be liable for this account. // Your account remains on hold for a further 14 days.

Then this slightly unexpected one from Moorcroft:

2013
JAN Letter from Moorcroft We have had no further contact from you in relation to this account. Without any further contact from you the account can only be held for a further 28 days. After this time the account will be closed and returned to our client who will then decide on any future action. // We would therefore request that you contact us to let us know how you wish to proceed with this account in order for us to assist you further.