bobogosing's UE diary

[MrsD]

Re: bobogosing's UE diary

I would do a one liner referring them to the CCA that you sent

head it up COMPLAINT and get it off. Restons are not nice people so don't give them any leeway

[bobogosing]

Re: bobogosing's UE diary

Thank you Grassy_K and Mrs D

I will take Mrs D's advice as I don't really want to give too much away.

bobo x

[SaltnVinegar]

Re: bobogosing's UE diary

Thank you Grassy_K and Mrs D

I will take Mrs D's advice as I don't really want to give too much away.

bobo x

Yes get that letter sent off today (if you haven't already). Restons do not have a good reputation, and are known for not adhering to the rules, so best to get that paper trail going, and push them onto the back foot early.

[ScabHunter]

Re: bobogosing's UE diary

Thank you Grassy_K and Mrs D

I will take Mrs D's advice as I don't really want to give too much away.

bobo x

No need to give anything away. Restons will already be aware of the default of s.77, which is why they are trying to make silly discount offers and con you into giving them your telephone number instead of issuing an LBA and going to court.

However, they could easily turn nasty if they think you're ignoring them. The paper trail is important, so just refer them to what they already know - the default of s.77.

SH

[bobogosing]

Re: bobogosing's UE diary

Thank a you all for your advices

I have typed the one liner letter and sending it today via 1st Recorded Signed For Service

bobo xx

[bobogosing]

Re: bobogosing's UE diary

Barclaycard 1 (Mrs bobo's)

Type of account: Barclaycard
Date commenced: Before 2004
Approx balance: £3190
Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
Status: Default and in arrears
Account owner: Barclaycard

http://forums.all-about-debt.co.uk/s...&postcount=314

8/5/13 Requested CCA again for ignoring creditors letters
received letter from MKDP dated 20/5/13, advised to file away

Barclaycard 2 (Mrs bobo's)

• Type of account: Barclaycard
• Date commenced: Before 2004
• Approx balance: £1128
• Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
• Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
• Status: Default and in arrears
• Account owner: Barclaycard

http://forums.all-about-debt.co.uk/s...&postcount=251

8/5/13 Requested CCA again for ignoring creditor's letters
received letter from MKDP dated 20/5/13,advised to file away
bobo x

HI All,

Received letters from MKDP dated 24/11/14 to both my Barclay accounts.
Planning to send a copy of CCA Query - Missing Prescribed Terms to both of the accounts that I have already sent on 19/10/13.
Or should I CCA them again.

Please advice if I am sending the wrong template.

Thank you in advance.

bobo x

[bobogosing]

Re: bobogosing's UE diary

HI All,

Received letters from MKDP dated 24/11/14 to both my Barclay accounts.
Planning to send a copy of CCA Query - Missing Prescribed Terms to both of the accounts that I have already sent on 19/10/13.

Please advice if I am sending the wrong template.

Thank you in advance.

bobo x

I am more worried with the 2nd letter.

Regarding finding me on the credit agencies for my address....I have been using that address to respond to them.

[bobogosing]

Re: bobogosing's UE diary

HI All,

Received letters from MKDP dated 24/11/14 to both my Barclay accounts.
Planning to send a copy of CCA Query - Missing Prescribed Terms to both of the accounts that I have already sent on 19/10/13.
Or should I CCA them again.

Please advice if I am sending the wrong template.

Thank you in advance.

bobo x

Anyone please?

Shall I send CCA again?

Many thanks!!

[ScabHunter]

Re: bobogosing's UE diary

Anyone please?

Shall I send CCA again?

Many thanks!!

Patience, patience! Even I can't type like a whirlwind on amphetamines!

Be careful with this, as MKDP do head for court far too often.

I can only state what I would personally do in any given situation, and that may or may not be in line with the official policy of this site. In my opinion. it is probably better to refer them back to the letter you sent on 19th October, rather than just sending the same letter again. Doing that could be construed as ignoring the letter you have just received, and a claimant's solicitor could refer to it as evidence that you were just printing off templates and sending them to be obstructive rather than dealing with actual correspondence.

I would send something like this -

"Dear Sir,

I am in receipt of your letter dated xx November 2014, and note with regret that you have entirely failed to deal with the matters raised in my own letter of 19th October 2014. Please refer to that letter and address the matters raised therein in an appropriate manner.

Your letter mentions the possibility of litigation, but makes no mention of what you intend to do to comply with the Pre-Action Protocols, which is required in an attempt to avoid unnecessary and expensive legal cases. It is also misleading, in that it mentions possibilities for enforcing a judgment which are dependent upon a defendant defaulting upon a judgment, and not merely receiving one.

Your letter also mentions the possibility of resolving this matter without the need for litigation, yet it is your own obstructiveness which is preventing this from occurring. You have merely forwarded to me a machine produced template, which does nothing to address any of the issues raised in my own previous correspondence.

As your letter merely mentions the instructing of a “pre-legal” department, I am not treating it as a formal Letter Before Action. Take note that if you issue a claim on the back of this letter without complying with the Pre-Action Protocols, your conduct will be brought to the court's attention, in addition to the case being vigorously defended.

Yours Faithfully,"


SH

[bobogosing]

Re: bobogosing's UE diary

Patience, patience! Even I can't type like a whirlwind on amphetamines!

Be careful with this, as MKDP do head for court far too often.

I can only state what I would personally do in any given situation, and that may or may not be in line with the official policy of this site. In my opinion. it is probably better to refer them back to the letter you sent on 19th October, rather than just sending the same letter again. Doing that could be construed as ignoring the letter you have just received, and a claimant's solicitor could refer to it as evidence that you were just printing off templates and sending them to be obstructive rather than dealing with actual correspondence.

I would send something like this -

"Dear Sir,

I am in receipt of your letter dated xx November 2014, and note with regret that you have entirely failed to deal with the matters raised in my own letter of 19th October 2014. Please refer to that letter and address the matters raised therein in an appropriate manner.

Your letter mentions the possibility of litigation, but makes no mention of what you intend to do to comply with the Pre-Action Protocols, which is required in an attempt to avoid unnecessary and expensive legal cases. It is also misleading, in that it mentions possibilities for enforcing a judgment which are dependent upon a defendant defaulting upon a judgment, and not merely receiving one.

Your letter also mentions the possibility of resolving this matter without the need for litigation, yet it is your own obstructiveness which is preventing this from occurring. You have merely forwarded to me a machine produced template, which does nothing to address any of the issues raised in my own previous correspondence.

As your letter merely mentions the instructing of a “pre-legal” department, I am not treating it as a formal Letter Before Action. Take note that if you issue a claim on the back of this letter without complying with the Pre-Action Protocols, your conduct will be brought to the court's attention, in addition to the case being vigorously defended.

Yours Faithfully,"


SH

Thank you SB

Sorry! I still worried when I receive letters....especially with threats

I will take your advice and send the template you suggested.

bobo x

[bobogosing]

Re: bobogosing's UE diary

Patience, patience! Even I can't type like a whirlwind on amphetamines!

Be careful with this, as MKDP do head for court far too often.

I can only state what I would personally do in any given situation, and that may or may not be in line with the official policy of this site. In my opinion. it is probably better to refer them back to the letter you sent on 19th October, rather than just sending the same letter again. Doing that could be construed as ignoring the letter you have just received, and a claimant's solicitor could refer to it as evidence that you were just printing off templates and sending them to be obstructive rather than dealing with actual correspondence.

I would send something like this -

"Dear Sir,

I am in receipt of your letter dated xx November 2014, and note with regret that you have entirely failed to deal with the matters raised in my own letter of 19th October 2014. Please refer to that letter and address the matters raised therein in an appropriate manner.

Your letter mentions the possibility of litigation, but makes no mention of what you intend to do to comply with the Pre-Action Protocols, which is required in an attempt to avoid unnecessary and expensive legal cases. It is also misleading, in that it mentions possibilities for enforcing a judgment which are dependent upon a defendant defaulting upon a judgment, and not merely receiving one.

Your letter also mentions the possibility of resolving this matter without the need for litigation, yet it is your own obstructiveness which is preventing this from occurring. You have merely forwarded to me a machine produced template, which does nothing to address any of the issues raised in my own previous correspondence.

As your letter merely mentions the instructing of a “pre-legal” department, I am not treating it as a formal Letter Before Action. Take note that if you issue a claim on the back of this letter without complying with the Pre-Action Protocols, your conduct will be brought to the court's attention, in addition to the case being vigorously defended.

Yours Faithfully,"


SH

Morning All!

I sent the template SH suggested to MKDP for both of my Barclays accounts, I have received reply from them dated 5/12/14.

Please advise what to do next.
What I receive from them when I sent CCA request last year was copies of signed application forms, statements and barclays terms and conditions.

Thank you in advance.

bobo x

[ScabHunter]

Re: bobogosing's UE diary

Well, that's a hell of a climb down, isn't it? One minute, they are instructing their “pre-legal” department to get ready for litigation, now they are “requesting” that you wake up one of their telephone monkeys!

And get a load of that “Consumer Credit act 1972!” So, their shift key broke before they could capitalise the 'a', and their few remaining brain cells are now two years' slow!

That letter represents a victory in this specific game, although it is obviously a long way from victory in the overall match.

What you do in response to this is really a judgement call. You could just ignore it and wait for the next clownogram, as there are no direct threats, just a puerile request which they must know will not be actioned. Or, you could point out that they have merely stated that the prescribed terms are “enclosed in the documentation supplied to you”, without providing any evidence of this, or stating any reason why they come to such a conclusion. Employees of Barclaycard are also not an appropriate arbiter as to whether or not Section 61 (1) of the CCA 1974 (!) was complied with.

There really is no right or wrong way to handle this. Ignoring is acceptable as the previous letter warned them that non-compliance with the Pre-Action Protocol would be appropriately dealt with, but if you are someone who always likes to have the last letter on the pile, you could certainly send an appropriate response.

SH

[bobogosing]

Re: bobogosing's UE diary

Well, that's a hell of a climb down, isn't it? One minute, they are instructing their “pre-legal” department to get ready for litigation, now they are “requesting” that you wake up one of their telephone monkeys!

And get a load of that “Consumer Credit act 1972!” So, their shift key broke before they could capitalise the 'a', and their few remaining brain cells are now two years' slow!

That letter represents a victory in this specific game, although it is obviously a long way from victory in the overall match.

What you do in response to this is really a judgement call. You could just ignore it and wait for the next clownogram, as there are no direct threats, just a puerile request which they must know will not be actioned. Or, you could point out that they have merely stated that the prescribed terms are “enclosed in the documentation supplied to you”, without providing any evidence of this, or stating any reason why they come to such a conclusion. Employees of Barclaycard are also not an appropriate arbiter as to whether or not Section 61 (1) of the CCA 1974 (!) was complied with.

There really is no right or wrong way to handle this. Ignoring is acceptable as the previous letter warned them that non-compliance with the Pre-Action Protocol would be appropriately dealt with, but if you are someone who always likes to have the last letter on the pile, you could certainly send an appropriate response.

SH

Thank you SH Hopefully that'll keep them at bay for a while......hoping 2 more years!!

I think I'll stay quiet and see what they'll send next.

A very grateful bobo xx

[bobogosing]

Re: bobogosing's UE diary

Hi!

Received letter from Restons dated 22/8/14 with mandatory form asking for my name and address plus employer details etc etc

Please advice what shall I do.

But I don't think they know if I have received the letter as in the past Arrow have been asking me to confirm my address and I never got back to them.

Thank you in advance.

bobo x

“Mandatory” according to whom?

Ignore all requests for information which are not required by a court. If a solicitor has actually used the word “mandatory” on a “fishing for information” form, that could be considered a misrepresentation of their legal position and be valid cause for a complaint in the future. I wouldn't push it now, though.

The letter has plenty of tell-tale signs which tell me it is not serious. Solicitors who are serious about taking legal action do not offer 10% reductions on the balance, they don't include paragraphs designed to trick you into giving them your telephone number, and they don't say that they “may” be instructed. Their attitude may change, but at the moment I don't believe they are serious.

It appears from the time line as though the account holder is still in default of a valid s.77 CCA request. In the interests of maintaining a paper trail, I would write back to the solicitors informing them of this fact.

SH

EGG LOAN (mrs bobo's)

Type of account: EGG Loan
Date commenced: 09/03
Approx balance: £19,541.94
Date last paid: September 2010
Are you on arrangement or not paying: Was on DMP with CCCS and now. not paying
Status: Default and in arrears
Account owner: Egg Banking PLC

http://forums.all-about-debt.co.uk/s...&postcount=229

8/5/13 Resend CCA request as been ignoring letters
22/5/13 Received letter from Arrow
28/5/13 received "address inquiry" letter
14/6/13 Sent this template as advised by Niddy
22/8/14 Received letter from Restons dated 22/8/14 with mandatory form asking for my name and address plus employer details etc etc
(link for SH's advise) http://forums.all-about-debt.co.uk/s...l=1#post429524
29/1/15 Received letter from Restons Solicitors

"Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 28th May 2013, the content having been noted.

Thanks for writing to me, confirming you're not going to write to me. It's fine by me, I am happy for you never to contact me again - after all it's not like you're a nuisance and a drain on society is it?

Obviously you want paying, I am responding to you but you are playing silly beggars which suits me fine. If you want to discuss this matter like adults then I suggest you use your common sense and update your records or close the account as missing in action.

Funny that you wrote to me asking me to pay money, yet when I write asking for info you then clam up - so do you want to try and resolve matters or not?

A copy of my last letter is attached for your action, alternatively I'd like to thank you for agreeing never to contact me again.

Yours faithfully,"

15/8/14 Received letter from Arrow dated 7/8/14


Hi All!

Received this letter from Arrow.

Shall I ignore? Seems like they are fishing, and it looks like they not certain where I am resided.

Thank you in advance for all advise.

bobo x

Hi!

Can someone please advice what to do with this letter plus financial questionnaire that I received on 5/2/15 from Restons Solicitors.

The last communication I had was back in 31/8/14, sent a one liner as advised. Asking for them to reply my CCA request dated 17/03/14.

Thank you in advance.

bobo x

[MrsD]

Re: bobogosing's UE diary

did you get that letter in January? and you've had nothing else since?