Pip's UE Diary

[Pip]

Re: Pip's UE Diary

Pip's account no. 2
Halifax
Start date: Oct 2005
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued April 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

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

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

2013
JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us £10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.
AUG Letter from CapQuest: We refer to our recent letter. As legal owners of this account, we are able to obtain regular updated from credit reference agencies regarding your current financial position. We use this data to evaluate what steps should be taken to get your account into a paying status. We will use financial updates from CRAs in conjunction with other factors in determining our recovery strategy, which may include legal action. // Alternatively [...] you do not have to pay the full balance immediately; we will work with you to agree an acceptable arrangement. [...] We will need you to contact us within the next 14 days to discuss the opportunities further.
AUG Sent Letter to Capquest Previously Confirming No CCA

Hmm. It's 14 days since they signed for receipt of the Previously confirming no CCA letter, yet the phone calls and texts haven't let up. Now they've sent this. Either their admin is very slow or they've just ignored my previous letter.

AUG Letter from CapQuest: As you will now be aware your account is being processed for legal action. Your account has been selected for a one-time solution to settle your account (pay 70% of total in instalments). This offer will remain open for 10 days. If at any time you find yourself in difficultly, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdrawn. // We hope that you seriously consider this proposal. Yours sincerely, Capquest [i.e. not a named person]

Wonder if it's worth sending a copy of the previous letter I sent (by normal 2nd class with proof of posting)? They mention "your account is being processed for legal action", presumably to put the willies up people and then go to prattle on about a reduced payment scheme offer ...

[Pixie]

Re: Pip's UE Diary

If they're making settlement offers it's unlikely, but not impossible, that they will be starting legal action.

I would either ignore or send a one liner referring them to your previous letter.

[Pip]

Re: Pip's UE Diary

Thanks Pixie -- it's in the post!

[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. [snipped, see post #7 for rest]
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. [snipped, see post #7 for rest]
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.
[snipped, see post #7 for rest]
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.
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.
MAR Letter on Sainsbury's letterhead (but obviously from Wescot) As we haven't been able to agree a suitable repayment plan we've transferred your Sainsbury's Bank credit card to a debt collection agency, Wescot Credit Services Ltd. We've instructed Wescot to arrange collection of the outstanding amount. // Please contact Wescot a.s.a.p. to arrange to pay back the outstanding balance.
MAR Letter from Wescot Wescot Credit Services is a specialist DEBT COLLECTION organisation ... instructed by client to collect outstanding balance on their behalf. // You should follow the instructions and reply IMMEDIATELY. TO AVOID WESCOT TAKING FURTHER ACTION, YOU MUST 1) PAY THE DEBT IN FULL, OR 2) CONTACT US ON 0845 ...
MAR Sent Account sold in dispute letter to Wescot
MAR Letter from Wescot [Received one week after date on letter] FINAL NOTICE. Our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous correspondence. // Unless you contact us to agree full repayment within the next ten days further collection activity will be taken to recover the full outstanding balance.
MAR Letter from Wescot: We acknowledge that you have raised a query on this account. // We will contact you again
APR Letter from Wescot: We will investigate the issues you have raised and contact you again in due course
MAY Letter from Wescot: We are not yet in a position to provide you with a final response
MAY Letter from Wescot: I was concerned to not the matter you have raised // I can confirm our client has advised your request under the CCA has been processed by them and the relevant documents have been issued to you directly. Your account has been placed on hold for 30 days for you to contact Wescot with your proposals for repayment
JUL Letter from Wescot: Thank you for your recent contact. We acknowledge that you have raised a request for documentation on this account.
JUL Letter from Wescot: Thank you for your patience; we can confirm that your account remains on hold whilst we await further information from our client.
AUG Letter from Wescot: We refer to your recent communication; please find enclosed copy agreement as requested. Payment is now required and can be made by debit card or by calling 0844 .... (They enclose a copy of a one-page application form with signature; no terms)
AUG Letter from Wescot: Reduced settlement offer // As a final attempt to avoid further action, our client has agreed that we can offer you a discount to settle your account. For a limited period only ... contact us in the next ten days or the offer will be withdrawn. Unless a suitable arrangement plan is reached within 10 days of this letter, further recovery action will be taken.

Now, I just received this bundle of fluff:

SEP Letter from Wescot: Opportunity to take control of your outstanding balance -- We understand that there might be many reasons why you have not responded to us in relation to this account. [...] Wescot are specialists in establishing repayment plans that best suit the needs of clients and their customers. [...] (a bunch more touchy-feely waffle) Contact us today where one of our dedicated operators will help you make a fresh start.

Given that it is quite a while since they heard owt from me, I wonder whether I should send them something, but then again, given that it's worded in such Andrex puppy-soft terms, maybe it's not worth the price of a stamp!

[vint1954]

Re: Pip's UE Diary

Just ignore Pip

[Pip]

Re: Pip's UE Diary

Thanks Vint. Wonder what they'll send next -- I was surprised at the kid-gloves language in this letter.

[MrsD]

Re: Pip's UE Diary

just a "let's try anything at all to get money from this hopeless case" mailshot Pip, definite sign of desparation

[nanna58]

Re: Pip's UE Diary

Perhaps they like you Pip xx

[Pip]

Re: Pip's UE Diary

Perhaps they like you Pip xx

Hmm! Well I'm not all that keen on them!!

[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 [...] [snipped, see #7 for rest]
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 [snipped, see #7 for rest]
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.
[snipped, see #7 for rest]
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
[snipped, see #7 for rest]
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.
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.
MAR Letter on Sainsbury's letterhead (but obviously from Wescot) As we haven't been able to agree a suitable repayment plan we've transferred your Sainsbury's Bank credit card to a debt collection agency, Wescot Credit Services Ltd. We've instructed Wescot to arrange collection of the outstanding amount. // Please contact Wescot a.s.a.p. to arrange to pay back the outstanding balance.
MAR Letter from Wescot Wescot Credit Services is a specialist DEBT COLLECTION organisation ... instructed by client to collect outstanding balance on their behalf. // You should follow the instructions and reply IMMEDIATELY. TO AVOID WESCOT TAKING FURTHER ACTION, YOU MUST 1) PAY THE DEBT IN FULL, OR 2) CONTACT US ON 0845 ...
MAR Sent Account sold in dispute letter to Wescot
MAR Letter from Wescot [Received one week after date on letter] FINAL NOTICE. Our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous correspondence. // Unless you contact us to agree full repayment within the next ten days further collection activity will be taken to recover the full outstanding balance.
MAR Letter from Wescot: We acknowledge that you have raised a query on this account. // We will contact you again
APR Letter from Wescot: We will investigate the issues you have raised and contact you again in due course
MAY Letter from Wescot: We are not yet in a position to provide you with a final response
MAY Letter from Wescot: I was concerned to not the matter you have raised // I can confirm our client has advised your request under the CCA has been processed by them and the relevant documents have been issued to you directly. Your account has been placed on hold for 30 days for you to contact Wescot with your proposals for repayment
JUL Letter from Wescot: Thank you for your recent contact. We acknowledge that you have raised a request for documentation on this account.
JUL Letter from Wescot: Thank you for your patience; we can confirm that your account remains on hold whilst we await further information from our client.
AUG Letter from Wescot: We refer to your recent communication; please find enclosed copy agreement as requested. Payment is now required and can be made by debit card or by calling 0844 .... (They enclose a copy of a one-page application form with signature; no terms)
AUG Letter from Wescot: Reduced settlement offer // As a final attempt to avoid further action, our client has agreed that we can offer you a discount to settle your account. For a limited period only ... contact us in the next ten days or the offer will be withdrawn. Unless a suitable arrangement plan is reached within 10 days of this letter, further recovery action will be taken.
SEP Letter from Wescot: Opportunity to take control of your outstanding balance -- We understand that there might be many reasons why you have not responded to us in relation to this account. [...] Wescot are specialists in establishing repayment plans that best suit the needs of clients and their customers. [...] (a bunch more touchy-feely waffle) Contact us today where one of our dedicated operators will help you make a fresh start.
SEP Letter from Wescot: Doorstep collection visit. As we know of no genuine reason why you have failed to repay the outstanding balance, instructions will now be provided to Scotcall, a doorstep collection agency, to make an appointment with you to visit your home address. The purpose of this visit is to agree with you how you will repay this debt. You have a final opportunity to avoid referral to Scotcall by telephoning us urgently to agree a suitable method of repayment of the outstanding balance.

Gosh. Two in the postbag today ... the first:

SEP Letter from Wescot: Doorstep collection visit. As we know of no genuine reason why you have failed to repay the outstanding balance, instructions will now be provided to Scotcall, a doorstep collection agency, to make an appointment with you to visit your home address. The purpose of this visit is to agree with you how you will repay this debt. You have a final opportunity to avoid referral to Scotcall by telephoning us urgently to agree a suitable method of repayment of the outstanding balance.

I've not been in touch with this lovely lot for six months! They're cranking up the letter printing machine and the use of red ink, so wondering how I should respond: perhaps a doorstep letter and a reminder of the unenforceability?

[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 [snipped, see #4 for rest]
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. [snipped, see #4 for rest]
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 ... [snipped, see #4 for rest]
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. [snipped, see #4 for rest]
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.
[snipped, see #4 for rest]
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
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.
2013
FEB Letter from Arrow Global: We refer to our previous letter and confirm we still await receipt of copy documentation from the originating creditor. We wish to assure you that your request has not been overlooked. The a/c will continue to be placed on hold pending the documentation.
AUG Letter from Arrow Global: In response to a request for a statement under s78 of the CCA 1974 we enclose: a copy of the reconstituted agreement; a copy of the terms and conditions. // The OFT deems reconstituted agreements acceptable for situations where an original copy is unobtainable. // In December 2009, the High Court ruled that a true copy of an agreement does not need to be a photocopy or an exact copy of the original. A creditor is allowed to provide a reconstituted agreement, as long as that version is accurate and contains all the original information contained in the agreement, apart from a few exceptions that the law allows, which includes the signature, signature box and date of signature. // We confirm (a) to total sum you have paid is 0.00; (b) the amount outstanding is xxxx; (c) the amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you. // Please now provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include litigation.
SEP Letter from Arrow Global: We refer to your recent letter. We note that you contend the copy agreement provided is unenforceable. We do not agree with your interpretation of the statute. The OFT deems reconstituted agreements acceptable for situations where an original copy is unobtainable They did provide an original of the application form but it was the same scratchy photocopy as provided by MBNA to begin with. Further details regarding transactions prior to assignment should be queried with the originating creditor. We are not obliged to provide this information. In the absence of any further contact, collection activity will continue in 21 days' time.

And the second one, from Arrow (and I understand that you need to tread warily with this lot):

SEP Letter from Arrow Global: We refer to your recent letter. We note that you contend the copy agreement provided is unenforceable. We do not agree with your interpretation of the statute. The OFT deems reconstituted agreements acceptable for situations where an original copy is unobtainable (They did provide an original of the application form but it was the same scratchy photocopy as provided by MBNA to begin with). Further details regarding transactions prior to assignment should be queried with the originating creditor. We are not obliged to provide this information. In the absence of any further contact, collection activity will continue in 21 days' time.

Again, wondering how best to respond, and whether "collection activity" will just mean chucking it onto the DCA merry-go-round, or something worse like threats of court action?

As ever, many many thanks for the unparalleled advice and support from the contributors to this truly unique forum!

[Pixie]

Re: Pip's UE Diary

Westcot - yes, I would send the doorstep the doorstep letter. if you want to remind them of the UE status then perhaps include http://www.all-about-debt.co.uk/inde...e-cca-received

Arrow Global - we've already discussed Arrow! They want you to think "collection activity" means the worst but in all probability it will be passed off to a dca.

[Pip]

Re: Pip's UE Diary

Many thanks, Pixie!

I do get a little bit concerned whenever I receive anything from Arrow -- they seem to have a reputation that goes before them. Thanks for putting my mind to rest (again!)

[vint1954]

Re: Pip's UE Diary

And both of these have missing PT's

[Pip]

Re: Pip's UE Diary

Pip's account no. 2
Halifax
Start date: Oct 2005
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued April 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

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

2012 = now following AAD guidance
JAN CCA request letter sent direct to Halifax (Royal Mail delivery conf. printed)
JAN From Moorcróft: Missed call (early morning weekend) and text from Moorcróft: Please contact us immediately on 0161 ... to discuss your overdue payment on account no. xxx. Another missed call from Moorcroft a few days later (evening)
JAN Moorcroft letter: Records show not paid Halifax full amount [did pay them something in Dec though]. Unless payment received by return of post, we may recommend to our clients that they instruct their solicitors to commence legal proceedings without further notice. Neither we nor client wish to take this step; call us on above no. and we would be happy to agree a repayment plan.Note: Moorcroft don't own this debt, they know payment has continued to go to Halifax, so why the hell bother paying the monkey (or indeed the organ grinder)...
JAN CCA received from HBOS directly -- emailed Niddy -- Niddy says and to wait for now to see what comes back from other lenders.
JAN Rather cryptically, have received a letter and £1 cheque from Moorcroft: "Further to your request for a copy of your credit agreement, we regret that because of the age of this account our client is unable to produce a copy of your document given that the agreement is over 6 years old and to this end we therefore return the £1 payment [...] Notwithstanding this our clients believe the above balance remains due and payable and we therefore require immediate payment of this sum or realistic proposals for repayment. The Information Commissioner's Office has confirmed that whereas a debtor is not obliged to repay the account due to the provisions of the CCA, this does not mean that there was no enforceable agreement. Look forward to hearing from you within next 14 days with proposals for discharging this liability."
FEB Moorcroft letter: "Home Collections Division". You have defaulted on agreement we reached [I didn't negotiate any agreement with Moorcroft]. This may involve our local rep calling at your home in next few day to try to assist you [...] Payment must reach us in three days. If no satisfactory agreement is made with us or our local rep we'll have to recommend to client that solicitors commence legal proceedings without further notice.
FEB Sent Threat of Doorstep Visit letter
FEB Sent Letter Previously Confirming No CCA
FEB Exceedingly polite three-page letter (with two-page appendix) from Moorcroft! (with some grammar corkers): We confirm your account has been amended to ensure NO telephone calls and NO visits while contact is maintained in writing as you have suggested. [snipped, see #2 for rest]
[/B]APR Letter from CapQuest: Your Halifax account has been referred to CapQuest to manage in all matters relating to collection, which may include personal visits by doorstep collection agency and possible litigation. If you are not in a position to settle account in full contact us blah etc.
APR Sent Letter to CapQuest Previously Confirming No CCA
APR Letter from CapQuest: Further to your recent contact and request for further info, account is now on hold for 28 days whilst we obtain information required. // If you have any proof of payments or correspondence that would assist with your query, please forward these documents to our Collections Administration dept.
APR Letter from CapQuest: We thank you for your correspondence and respond as follows: we can confirm we have requested a copy of the agreement from our client
JUL Letter from Halifax: As we haven't been able to agree to a suitable repayment plan, we've transferred your Halifax credit card to a debt collection agency, Robinson Way. We've instructed Robinson Way to arrange collection of the outstanding amount.
JUL Letter from Robinson Way: FORMAL DEMAND FOR PAYMENT // Our client has authorised us to recover full amount. If you don't we may advise our client to start court action. If this, then that; unpaid debts don't just go away, blah etc.
JUL 2012 Sent Letter to Robinson Way Previously Confirming No CCA

2013
JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us £10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.
AUG Letter from CapQuest: We refer to our recent letter. As legal owners of this account, we are able to obtain regular updated from credit reference agencies regarding your current financial position. We use this data to evaluate what steps should be taken to get your account into a paying status. We will use financial updates from CRAs in conjunction with other factors in determining our recovery strategy, which may include legal action. // Alternatively [...] you do not have to pay the full balance immediately; we will work with you to agree an acceptable arrangement. [...] We will need you to contact us within the next 14 days to discuss the opportunities further.
AUG Sent Letter to Capquest Previously Confirming No CCA
AUG Letter from CapQuest: As you will now be aware your account is being processed for legal action. Your account has been selected for a one-time solution to settle your account (pay 70% of total in instalments). This offer will remain open for 10 days. If at any time you find yourself in difficultly, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdrawn. // We hope that you seriously consider this proposal. Yours sincerely, Capquest [i.e. not a named person]
SEP Letter from CapQuest: Further to your recent contact, your account is on hold for 28 days whilst we obtain the info required.

CapQuest have managed to get Halifax to find the application form ...

OCT Letter from CapQuest: Please find enclosed copy document(s) as requested [Copy of application form enclosed but no terms]. If you are not currently repaying this account on arrangement, it is now imperative that you deal with this matter immediately by sending your payment directly to us. // We have placed your account on hold for seven days. If we do not receive contact from you by this date your account will be passed to our Collections department for further action. Signed, "Collections Administration".

Capquest have bought this debt ... wondering if I need to send a Missing Prescribed Terms just yet or wait for them to pass this on from "Collections Administration" to "Collection Department", according to their letter?

As ever, many thanks!