Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

Wish I could help. Pauls thread is really useful so you could ask them for the DN, letter of termination, copy of the original agreement that they will need in court.


Still I wouldn't do anything without some advice from Paul or Niddy
Jon

Hi Jon,

I know you would help if you could... Just having you there is enough support for me Jon so thank you

[Flossy]

Re: Flossy UE Diary & YB Hassle

Ok.... they've ignored you basically.

I would suggest you issue a formal complaint (by rec. delivery) and say something like:

FORMAL COMPLAINT

Ref: xxxxxx

I refer to your letter of xx/xx/xx; the content of which has been noted.

Despite numerous letters form myself, you have continually failed to address any of the matters raised to date and instead, now appear to be relying upon bullying tactics to get me to believe you have legally enforceable documents with which to obtain a County Court Judgement.

I therefore refer you back to my letter of xx/xx/xx with a request that you actually address its content and provide a definitive written answer in response under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but an original and legible document signed by myself.

Please note that until such times as a legible and legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and the account in question will remain unenforceable in line with s.127 (CCA 1974).

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this formal complaint and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,


To be honest, the letter sounds like a threat to pass the account on to another bunch of muppets, rather than a serious court threat but it pays to cover your bases anyway....

UPDATE _ CABOT

Hi P1,

Just an update on Cabot's response to your letter.

I have just received a response from Cabot, who have re sent the CCA and 1 statement dated July 2011! I haven't had chance to see if it is exactly the same as the other they have sent but I do know they have photocopied it very badly missing sections out!

In their letter it says:

"Thank you for your recent correspondence regarding the enforceability of this account both enclosed both a copy of the signed CCA and statements.(ONE statement)

It is now important that you contact us within 30 days of the date of this letter in order to discuss your payment arrangements.

We have placed the account on hold for a period of 30 days.

However should we fail to hear from you, this may result in the account being escalated within our collections department.

Yours,

The Muppets!

[Flossy]

Re: Flossy UE Diary & YB Hassle

I've also got a collection of threatening red letters and discount letters from Hull Heroes Wetclothes and their letterheads for rent Nelson Guest puppets, a couple of dispute letters saw them off and I never heard from them since the summer of 2011!

UPDATE - MINT

- August/September 2012 - Passed to Shoosmiths Solicitors
- Wrote to them re my health situation and to organise a payment plan as EN debt!
- Shoosmiths wrote back saying they are no longer the acting Solicitor and it has been passed to Wescot.
- Letter from Wescot - Notice of Debt Collection, blah, blah
- Wescot - Final Notice (a few days after the first letter from them)
- October 2012 - Nelson Guest & Partners Solicitors, instructed by Wescot on behalf of RBS.
As a final attempt to avoid further action, Wescot is prepared to offer you a discount to settle your account.
- A/C in dispute sent.
- TODAY - Letter off Nelson Guest & Partners Solicitors.
We are instructed by Wescot acting on behalf of RBS. Whilst Wescot is still willing to consider realistic options for repayment based on your personal circumstances, this matter cannot remain outstanding any longer. Unless full payment is made to Wescot, or a suitable repayment plan is agreed, within 10 days of the date of this letter (3/11/12), further recovery activity will be undertaken.

If this is EN why are they so keen to just take a % of this outstanding money? Or put it off for so long? Seems strange to me.

Any suggestions of what I should do next? Should I make an offer to reduce the amount and set up a repayment or carry on sending letters to them? Any one been in this situation with an EN debt? Or maybe the RBS believe it not to be EN?

[jon1965]

Re: Flossy UE Diary & YB Hassle

Flossy does it say WILL or MAY be undertaken

[SaltnVinegar]

Re: Flossy UE Diary & YB Hassle

Read the weaselese

It just says further recovery action will be taken

It doesn't say what that 'recovery action' actually entails - could just be sending out more letters

[Flossy]

Re: Flossy UE Diary & YB Hassle

[COLOR="Red"]Originally Posted by Flossy
UPDATE MBNA 1 & 2 Letter before action[/COLOR]


MBNA 1(Virgin CC)

MBNA £20k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12
Told it is .
Now at Earlswood & Co Solicitors - given 7 days before action.

MBNA 2

MBNA £6k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12 - Further CCA sent by MOORGATE June 12 which is different to the first CCA
Told both are Enforceable.
Now at Earlswood & Co Solicitors - given 7 days before action.

Both accounts have had letters sent as per normal -

PT letter, Threat O Gram, etc. They will not accept any further delay hence being passed to a Solicitor.

16 October 2012 - Wrote to Earlwood Solicitors sent a copy of the letter to Arden.

Letter sent to stall them from taking any action while I work on a 'please write this debt or at least a good % of it off as I will not be able to pay them the amounts owing for quite some time due to me being unable to work due to being so ill." I also emailed it so that it would get there quicker. Just need to work on the letter now and send to Niddy to have a look at before sending.

Update 2 November 2012

Not heard anything back since sending my 'stalling letter' from Arden. I will have to look through a few of the templates and make into one letter as said above to try and get these debts written off.

Heard back from Earlswood Solicitors to say that they are no longer dealing with these accounts and they have been returned to Arden.

15 Nov 2012 - Got a letter today to say that these accounts have now been sold to Global Arrow...

[Flossy]

Re: Flossy UE Diary & YB Hassle

Just got a letter with regard to the above MBNA x 2 debts from Moorgate to say that they have sold my debt on to Arrow which is a first for me with Global Arrow...

After reading Samsmum diary I was a bit on edge with it going to Arrow as her were UE and mine UN debts...

One day at a time. Just hope nothing gets issued over the festive period.

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE CABOT

Sent the final dispute letter that P1 did for me and have finally got a response from them today.

They say the usual that they regret that I feel the need to express my dissatisfaction. They are currently looking into this and will respond within 20 working days.

Will come back to this when they contact me again and also need to just check the CCA they sent last time is the same as the one I have got which I will send to Niddy tomorrow morning.

[Flossy]

Re: Flossy UE Diary & YB Hassle

...as they did with me... before giving up!

That's good as you haven't had anything for ages...

[Flossy]

Re: Flossy UE Diary & YB Hassle

Wish I could help. Pauls thread is really useful so you could ask them for the DN, letter of termination, copy of the original agreement that they will need in court.


Still I wouldn't do anything without some advice from Paul or Niddy
Jon

Hi Jon,

I have sent my CCA for MBNA to Paul just waiting for his response.

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE - MINT

- August/September 2012 - Passed to Shoosmiths Solicitors
- Wrote to them re my health situation and to organise a payment plan as EN debt!
- Shoosmiths wrote back saying they are no longer the acting Solicitor and it has been passed to Wescot.
- Letter from Wescot - Notice of Debt Collection, blah, blah
- Wescot - Final Notice (a few days after the first letter from them)
- October 2012 - Nelson Guest & Partners Solicitors, instructed by Wescot on behalf of RBS.
As a final attempt to avoid further action, Wescot is prepared to offer you a discount to settle your account.
- A/C in dispute sent.
- TODAY - Letter off Nelson Guest & Partners Solicitors.
We are instructed by Wescot acting on behalf of RBS. Whilst Wescot is still willing to consider realistic options for repayment based on your personal circumstances, this matter cannot remain outstanding any longer. Unless full payment is made to Wescot, or a suitable repayment plan is agreed, within 10 days of the date of this letter (3/11/12), further recovery activity will be undertaken.

UPDATE MINT Nov 2012

Letter from Wescot arrived today dated 10/11/12.

Thank you for your letter, etc... We acknowledge that you have raised a query on this account and we would like to confirm to you how this will be investigated.

Goes on to say they will suspend any further activity on the above account due to this and will be in touch....

That is okay by me

[Flossy]

Re: Flossy UE Diary & YB Hassle

Very / Littlewoods / Additions UPDATE

I had the above 3 accounts and 2 of them gave up after they could not find the CCA to which I have in writing.

There is one, Additions, that has been sending letters from Lowell on behalf of Shop Direct. They sent the CCA in September which I completely forgot about until I received a letter from HAMPTONS Solicitors asking for payment or further action 'could take place'.

The CCA is from 2006 and has no signature on it. All it has is my name and address at the top and no signature below and the next 2 pages is an up to date 2010, again with no signature and no name and address at all on.

Will copy and send to Niddy just to check before this one goes any further and do an a/c in dispute letter now for it.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Very / Littlewoods / Additions UPDATE

I had the above 3 accounts and 2 of them gave up after they could not find the CCA to which I have in writing.

There is one, Additions, that has been sending letters from Lowell on behalf of Shop Direct. They sent the CCA in September which I completely forgot about until I received a letter from HAMPTONS Solicitors asking for payment or further action 'could take place'.

The CCA is from 2006 and has no signature on it. All it has is my name and address at the top and no signature below and the next 2 pages is an up to date 2010, again with no signature and no name and address at all on.

Will copy and send to Niddy just to check before this one goes any further and do an a/c in dispute letter now for it.

Most SDG agreements are UE. It's also unlikely they'll pursue as one bad defeat would open the floodgates - cue Mayhew kicking Santanders arsey

I'd send off the account in dispute as well. See what they come back with

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Hi Jon,

I have sent my CCA for MBNA to Paul just waiting for his response.

Paul's really busy now for the rest of the month so probably won't be around as much but rest assured; if he gets time he'll try and help.

If you can fire a copy to me please, I'll have another looksie as well

Thanks

[Flossy]

Re: Flossy UE Diary & YB Hassle

They'll probably give up the ghost after they have concluded their 'investigation'. After them I didn't hear anything for around 5 months, then I had another lot but last I heard about my RBS was in January!

Just received a letter back from Wescot Re: Mint to say that they sent a CCA in May and therefore there is no longer a dispute.

In theses circumstances we believe that the full balance and or an agreed amount monthly instalment is required by return. Etc....

Spoke to soon. They were very quick to answer that one