Morgan Stanley and Fire constant calls & letters

[Us versus Debt]

Hi, I am hoping for some advice. My partner and I have decided to take our heads out of the sand and amit we are in debt. Its not great infact its awful and depressing but we want to start taking steps to get us out of this mess.

One of the debts we are getting constantly chased for is a Morgan Stanley Dean witter Bank Credit Card for the sum of £3414.99. We have no details as to how much the account was in the red when in defaulted in 2003 but we know it was not the amount they are telling us is outstanding.

All letters and phone calls (1-4 a day depending if we are in to take calls which is not often) are from Fire. These guys love to leave electronic messages which don't even wait until the answering machine starts recording so most messages are incomplete - female computer voice saying This is an urgent business matter for (name) please call (number) giving ref (number). (The way they pronounce my partners name is amusing however unfortunately as I am not revealing our names I can't share it but anyway!). They will speak to me but as we both work leaviing home at 7am home at 7pm its not easy catching us in.

I notice when I have a day off the phone just doesn't stop ringing and they have now started sending text messages to BT messaging service.

We haven't called them though spoke a few times offering a small amount which they will not accept.

Can anyone advise as to what to do as we find the charges excessive and we are not happpy to consider these in a repayment plan.

Thanks

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[mrmarmite]

hiya, we can most certainly help you
the 1st thing you need to do is send the DCA's (debt collectors) a CCA request, by sending this letter you are checking that they have the legal right to collect this debt,
you MUST send it by recorded/special delivery and enclose a £1 postal order not a cheque, also do NOT sign the letter BUT PRINT your name on it, when you send it they have 12 WORKING days to respond (+2 for post) after this time they have NO legal rights to ask/demands payments from you.
click the link below for CCA request template letter N.

any other questions just shout

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[Us versus Debt]

thanks MrMarmite, will look into that now

[mrmarmite]

looking at your signature, there few we can help sort out, you can send all a CCA request EXCEPT scot power as it dont fall under the CCA, can you give more info about this 1?

[Us versus Debt]

yes, I'm about to creat a new thread for the Scotts call one but basically its from an actual reading after 8 years of estimates. We changed suppliers hsortly after as found chaeper dual with BG but this is outstanding and they won't accept the monthly payment we can afford.

[Ell-enn]

Hi there, when you send the CCA letter, type at the top in capitals "I do not acknowledge any debt to your company or any company your represent".

You will get plenty of help and guidance on this site, so don't hesitate to ask, someone will always be along to advise.

Kind Regards

Ell-enn

[IIIUMINATI]

for about £3 a month your telephone company will bar the calls
gives you time to think.
you can send the harassment letter but this is quicker and very annoying for them
my phone company allows up to ten numbers

[loyalbrummie]

BT will bar Bt messaging service , for nothing ring them up and get that done , that really pees them off.one DCA only uses this as way of communication , havent heard nowt for weeks now ,.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[rory32]

We have no details as to how much the account was in the red when in defaulted in 2003 but we know it was not the amount they are telling us is outstanding.

I would adapt the CCA request slightly according to your position. Even if they have a copy of the agreement you will want to know what has been added by the DCA to the account. I assume there is no CCJ on this account, is that correct? Have you ever received a Notice of Assignment from Morgan Stanley passing the account to Fire. Can you remember receiving a default notice?

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[Us versus Debt]

I have no CCJ to date on any of the debts. The bit about blocking the calls is interesting but I am with NTL - will call them to see if they offer something similar.. We did habe a letter sating that Fire would be now dealing with this but this was ages ago as they wouldn;t accept the less monthly payment offer. We were paying about £40 a month and were now offering £5 until finances improved.

I have used the templaye for the CCA and included the not acknowledging debt part (thankyou ell-enn) so on saturday I will pop to my post office and get the PO and sent it recorded? I have three to send to three different debt agencies. I presume it is the debt agency I send it to not the bank who the account was with - am I correct?

[Us versus Debt]

Just had a phonce call from Fire, usual when are you going to pay, I advised them I was sending a letter requesting a copy of the contract to make sure that the account did in fact belong to my partner. She asked me to send a copy of his driving licencse so that they can check his signature against what they have and will send us a copy once it has been received back from Morgan Stanley (this is for a credit card)

I asked if I needed to send payment for this request which she said no. I am still going to take the advice from here and use the template with the £1 PO request as she stuttered quite a lot in the conversation and had to keep putting me on hold whilst talking to a supervisor so I don't think they are happy I am sedning this letter. I didn't mention it was or called it a CCA but I think she knows it is.
They have agreed to put this on hold for two weeks to allow the letter to arrive!

[rory32]

I presume it is the debt agency I send it to not the bank who the account was with - am I correct?

Yes.

They have agreed to put this on hold for two weeks to allow the letter to arrive!

As part of the request also ask for a statement of account. They need to supply one under the Act but often don't unless you ask for one.

She asked me to send a copy of his driving licencse so that they can check his signature against what they have and will send us a copy once it has been received back from Morgan Stanley (this is for a credit card)

Yeah right If they try to pull that one use this letter http://www.consumeractiongroup.co.uk...-specimen.html

[IIIUMINATI]

Good Advice Rory 32

Do Not Send Any Copy Signatures
Do Not Signe Any Letter Initial Mark Will Do
They Can And I Have Been Informed Scanned Sigs And Then Transfered Them To Agreements

[mrmarmite]

any update yet ?

[Us versus Debt]

Hi, read loads of threads and have a few on here aout other stuff I am trying to deal with.

In regards to this debt, it is with Morgan Stanley for a credit card which My partner and I do NOT agree with the balance.

We sent the CCA letter using the template on here (thanks ) with the postal order by recorded delivery on the 20th March to Fire as that was who we had the most recent chasing letter from.

I have received today a letter from Cabot??? returning my postal order. The letter is dated 8th May and says:

Your request for information under the Consumer Credit Act
We acknowledge receipt of your request under sections 77 and/or 78 of the consumer credit act 1974 sent to our agents Fire on 20th March 08.

The Cabot Financial group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the origianl lender.

Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and as a result Cabot has returned the fee for £1 that you have sent.

What happens next
We anticpate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.
If you have any queries about your account or your payment options please call 01732 524615
In the meantime we thankyou for your co-operation
Yours Sincerely
Emma Robertson
Customers Relations Manager

So what do I do now? Do I sit pretty (wishfull thinking) or is there something I can fire back. They still like to call ad when I answered thay asked for a card to make a payment with.

I have explained previosuly to them that until I have clarification on the actual debt and how much is actually owed minus charges I would not be making any payments.

I try not to speak to them and useally will say do not discuss on phone, etc.... but howcoe Cabot?? have it now not Fire? Are they part of the same company.

Any help would be appreciated.

[maroondevo52]

Hi, Us versus Debt.

I've had the same carry on as you with Cabot/Fire.

As you say, just sit pretty

No CCA, No enforceable debt.
I had the same letter from Emma Robertson about three months ago, have'nt had a peep out of them since.

I have not followed this up yet as I'm enjoying the peace and quite

And if you can, don't phone them They will talk you into selling your Granny.

Regards.

Scott.

[NailPost]

We acknowledge receipt of your request under sections 77 and/or 78 of the consumer credit act 1974 sent to our agents Fire on 20th March 08.

Good. This acknowledges receipt of your letter to their agents.

The Cabot Financial group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the origianl lender.

Oh yes they are. Its the law! If/When you make a complaint to the relevant authorities this should be pointed out to them.

Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and as a result Cabot has returned the fee for £1 that you have sent.

That's a matter for Cabot but the request is a request and they have to comply with it within the statutory time limits.

What happens next
We anticpate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Clock's ticking. They know this but they persist in saying it.


If you have any queries about your account or your payment options please call 01732 524615

DON'T!!!!!

[Us versus Debt]

think iwill do that scott!

Thanksd for the reply Nail
I don't call them - I know I have had calls from them although it has been quiet for the last few days!
What I wasn't sure was can they just disregard my request and what does the 30 days mean - I presume this is what they have to comply with but who makes sure they do and what hapens if they don't?

[Us versus Debt]

guess they can't find it then, but what I don't get is why this has come from Cabot and not Fire who I sent it too. They have also returned the £1 potal order. When I checked the recorded delivery it has not been signed but fortunately they do refer to it in the letter with the correct date.

[Us versus Debt]

deleted - duplicate thread as merged