Help composing letter to solicitor, please?

[rory32]

I got it from a website called yourrights.org.uk

[Hopeful1]

Thanks Rory Mr Official Site Helper ! It's a title you definitely deserve. Your posts are always informative and much appreciated

 

Yes, BB it is Friday. I shall send my complaint/non compliance letter on Saturday after i still haven't recieved my docs!!

 

I've received a letter from Arc today. Despite my intentions to send a token payment i haven't. However, my last contact was to the solicitor to say the account is still in dispute, as i'm waiting for my S.A.R.

 

In the letter Arc say they have conducted a land registry search (can they/would they have doen this or is it bluff?) and because i own the property, the next action will be to instruct solicitor to apply for a ccj and to then enforce it with a charging order. Interestingly, it does go on to say that the client (EGG) will give me one last chance to settle before court and that they can offer a substantial discount.

 

SO - this did make me wobble slightly but these are my thoughts:

 

1. I believe the agreement they sent is unenforceable (scanned on this thread on P.2 i think). I haven't shared this thought with Arc, but hinted at it in a lettter to Trevor Munn which was obviously passed to Arc. Arc resent the same doc to me!

 

2. I am still waiting for my S.A.R to be fulfilled by Egg. They have about week and a half 'til 40 days up.

 

3. Will write to Arc stating account is in dispute until i know exactly what i am paying and what charges i can lawfully reclaim, which will obviously affect balance.

 

As per, any thoughts, legislation links etc will be greatly appreciated. I anticipated that my so far gentle ride was nearing to a close....i was obviously right!

 

Sorry, Deedee - hello again and thank you to you too. Your letter will be added to my library for a monster cut, copy and paste session!! Much appreciated x

[joneshousehold]

A search of Land Registry is possible. It has been open to the public since 1990. There is a small fee of £3 for which an applicant can find out

- a description of the property

- who owns it

- mortgage Lender (if any)

- price paid/value stated (if registered since 1st April 2000)

- rights of way (not public rights of way) or other rights affecting the property

- restrictions or other conditions

 

Land Register Online : Additional information

[Hopeful1]

Hmm, you can always count on a DCA to use something against you, can't you? That's something else i've learnt then, thank you Joneshousehold

[spiritgirl59]

Hiya Hopeful1

 

Alliance & Leicester carried out a Land Registry search on us - it was on the S.A.R. information they sent to me so joneshousehold is right, they can do this.

 

Watching your thread and sending you cyberhugs.

 

Spiritgirl x

[rory32]

Thanks Harry.

 

Communications Act 2003

127 Improper use of public electronic communications network

(1) A person is guilty of an offence if he-

• (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

• (b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he-

• (a) sends by means of a public electronic communications network, a message that he knows to be false,

• (b) causes such a message to be sent; or

• © persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

[reduk054]

Hey Hopeful1,

ARC had threatened a ccj and court order against my property, and after 6 months they still had not done anything. So they had searched land registry, but it was all more of a scare tactic.

Inbetween times, CCA requests had been sent, and like you put in your posting, seeing as the account is in dispute, you are advising ARC not to take any further action (in writing of course!!)

I do not think that the form which ARC send to anyone under the CCA Act complies, however if you are unsure of it's validity, you could try and get an appointment with your local CAB office, who can see it first hand and tell you if it complies fully with your request.

I notice that Trevor Munn solicitors have also been involved in your case, and I find that most solicitors just act on what their client says, and then realise when you reply to them, that their client is maybe not telling the whole truth and nothing but the truth, and I send a copy of my letters to solicitors back to the DCAs. It will all help if you decide to complain to TS etc..

Red

[Hopeful1]

BCW have left another automated message, so Rory, the legislation will be put to very good use. They are in criminal default tomorrow so i am going to hit them with everything. I've been a bit haphazard with my call log, but i shall put it all together tonight....as long as i mange to log off this site early enough!

 

Red, i noticed you advised some-one else about CAB. I'm on hols in a couple of weeks, so i may go and camp out, just to clarify the situation. I just feel that if these people can't respond to legal requests in a civilised fachion then blow to them. Egg have until just before my holiday to respond to the S.A.R so i should know exactly where i'm going by then. You're right about the solicitors too. Each time i've written to both Trevor Munn and Geoffrey Parker Bourne (BCW) they've responded very swiftly saying they've referred the matter back to their client. So at least they know i'm right!!

 

Hey Spiritgirl, hugs right back atcha!

 

As a by word, i have a loan with Barclays. It's got arrears, but i have been making the normal payments over the last few months. At one point i asked for my PPI to be cancelled and they said i couldn't do it. Well, i found the insurance policy last night and it says i can cancel at ANY time, there are no conditions. So i've sent a letter ditrect tothe insurance company and will wait and see what happens. Any reduction the the balance/monthly repaymetn is a good thing.

 

Thanks all for your continued support

[reduk054]

Hey hopeful1, you sound like you are right on top of it all! Just make sure you enjoy your hols as well though!

I will keep watching with interest, and of course moral support!

Red x

[spiritgirl59]

Same from me hopeful1 - have a great holiday

 

Love Spiritgirl x

[babybear39]

Oooh yes, it's tomorrow for us both with BCW Hopeful1

 

*hugs*

 

BB

[minky93]

Hi! Hopeful

 

Just calling by to say "Have a great holiday"

 

You deserve it!

 

minky xxx

[Hopeful1]

Hi all. Unfortunately i do not currently have any plans to go away. Hoping FOS get some money out of Abbey for soon!!

 

I work in education though so i have 6 weeks off to play with my little

boy

 

So, this is where i'm up to:

 

MBNA have managed to send a leaflet re making complaints. Haven't responded quite so quickly to any other request.

 

Moorcroft are requesting CCA from Littlewoods, BUT have asked if i would let them know what sort of information i will be providing prior to any "posible court action" these people. Yet another shrot, sharp letter on it's way.

 

NCO (Orange) have not responded to CCA (I want the statement of account), BUT have sent this letter:

 

SEVENTY TWO HOUR NOTICE

 

You have been legally notified of this debt and you have chosen to ignore it (actually, i haven't. I've chosen to ignore NCO and am sending payments directly to Orange)

The following alternatives are now available to you:

1. Send 173.30 (this is more than original debt, plus i've made paymetns since - tut tut) immediately.

 

2. Contact Mr North (the infamous imaginary one) on 0870 152 5649 to discuss the matter.

 

Failure to comply with either of these options can result in court action being instigated against you without further communication to yourself (whatever).

 

Data Administrator

 

Dear me, i won't be going to bed early tonight - so many letters to write....

[spiritgirl59]

Hiya Hopeful1

 

Not long now till the school hols - I hope the weather improves so you can get out a bit with your youngster.

 

 

 

 

 

Moorcroft are requesting CCA from Littlewoods, BUT have asked if i would let them know what sort of information i will be providing prior to any "posible court action" these people. Yet another shrot, sharp letter on it's way.

 

oh yes you are REALLY going to give them advance information about your proposed Defence !!!

 

 

SEVENTY TWO HOUR NOTICE

 

You have been legally notified of this debt and you have chosen to ignore it (actually, i haven't. I've chosen to ignore NCO and am sending payments directly to Orange)

 

The following alternatives are now available to you:

1. Send 173.30 (this is more than original debt, plus i've made paymetns since - tut tut) immediately.

 

2. Contact Mr North (the infamous imaginary one) on 0870 152 5649 to discuss the matter.

 

Failure to comply with either of these options can result in court action being instigated against you without further communication to yourself (whatever).

 

Data Administrator

 

More scare tactics methinks!

Don't stay up too late !

Love Spiritgirl x

[Hopeful1]

I think you're right SG. Not so long ago i would have been in a state of panic, but not any more!

 

Tonight i have written a short sharp letter as promised to NCO ( i wonder when they will realise payments are already going to Orange ), i've e-mailed ARC and MBNA. Dpick in the MBNA forum has posted a list of contact e-mail addresses on my thread 'over there'. Each and every person on the list has received my non compliance letter.

 

Mmmm tonight i shall have sweet dreams, although probably not for long - it's midnight now and my little one is usually up by 6.30 if not earlier :o

 

Good night!!!

[reduk054]

Hey Hopeful1,

I just want to re-iterate again how brilliant you have been, by keeping on top of things and by not letting these DCAs grind you down. Your thread is an inspiration for anyone struggling to sort out their debts, and you always keep us all updated, well done!

Red

[Hopeful1]

Hello Red

 

Thank you so much for your kind words . I couldn't have managed without advice and support from people like you, Rory and everyone else that contributes to ANY of the threads on this forum. Not so long ago i would have been worrying myself sick, trying to figure out how i'm going to find the money to pay these people, every time they sent me a threatening letter.

 

Now that i am becoming more aware of my legal rights and theirs, i feel confident enough to tackle it all. As and when i can, i hope to help others. Hopefully with time, my advice will become more constructive. When the time comes and i have a little cash to spare, i will certainly be making a donation.

 

The postal delivery was fairly quiet, only a little to report:

 

1. Letter from Barclays re arrears. I've made the last few payments but haven't started chipping away at arrears yet. However, letter cancelling PPI would have arrived at address in Ireland yesterday so i'll give that a few days to filter down. I've asked for any refund to be deducted from loan, at worst at least the payments will be less. We'll see...

 

2. Letter gone to Abbey for OH. The figure is less than 1000 so i'm hoping they'll consider paying. The joint account is with FOS as that's a substantial amount.

 

3. Letter gone to NCO and Moorcroft as well (see previous posts).

 

4. Sent off for credit file.

 

5. MBNA non compliance e-mails sent last night.

 

I still need to contact BCW re harrassment and non-compliance. I want to make sure i do a good job! Does anyone have any contact names/e-mail addresses? I might start addressing letters to the people that leave messages, that might be fun!!

[Hopeful1]

P.S. As predicted, my son woke me up at 6.30 declaring he was bored. This was actually code for: I'm really excited about the party i'm going to today and can we wrap the presents now? They were indeed wrapped by 6.50am

[reduk054]

Hey there Hopeful1, I think that I was up at a similar time as you, although it was my grown-up sister and her hubby who wer off on their hols (somewhere exotic , and not paid for by reclaimed bank charges! LOL).

Regarding Barclays - I thought that they were in the habit of cancelling it themselves, although this may just be for defaulted accounts, where an agreed monthly repayment plan has not been adhered to! Every little helps though doesn't it?!

I only have postal addresses for BCW, whom I found to be quite pleasant (an even more devious tactic to try and get me to pay up!!). I am always dubious when they say that they are "joe bloggs" or who-ever, after I asked to speak to someone by name at a DCA and they said that they had never had anyone of that name working there, even though it was on my answer machine!

Have a great weekend (I can even see sunshine today - yipee!)

Red x

[Hopeful1]

Thanks for the additional show of support Red

[Hopeful1]

Well, it's all quite quiet at the moment.

 

There were no messages on the 'phone today - BCW have agreed to stop calling but asked me to call them to arrange payment! I simply wrote back advising them to consider their legal position with regards to making such a request in relation to being in criminal default with the CCA request!! I have resent the non compliance letter and have given a deadline until i start the complaints rolling. This has created a beautiful wall of silence! So, watch this space.....

 

Abbey have sent the usual 'sorry you're not happy, we're investigating your complaint' with regards to charges reclaim.

 

MBNA are silent.

 

Moorcroft and NCO will have defaulted at the end of the week - again they are silent.

 

Weightman's will be in criminal default at same. Can't remember the last time they contacted me.

 

Egg have passed the 40 day expiry for S.A.R.

 

I've also got little things going on with Barclays.

 

While everyone is quiet i'm just focusing on a couple of misery makers - sorry - DCAs at a time. I shall update any progress

[davefirewalker]

gosh........

youve got more going on than me !!!

 

Dave

[Hopeful1]

Surely not!! Funny enough i was just reading some questions you posted on Peter Bard's thread about enforceable agreements.

 

There is a lot to deal with, which is why i was on my knees prior to joining this site. I really appreciate all the non-compliancing that's going on, because it's giving me time to read and learn. At least when i do make a move, it will hopefully be the right one!

 

Thank you for dropping by. When i start making complaints i might be shouting for help!

[Hopeful1]

I've had a little bit of postal action (as it were) today!

 

Egg have sent response to S.A.R but i haven't looked through it all yet. There's loads of info., but i don't think they've posted statements for the loan acc. just the original card. It'll do for starters. I expect it's another delaying tactic, but that's fine. It keeps Arc at bay whilst it's in dispute. They also enclosed 2 'agreements' for each account.

 

Littlewoods have written to say they won't be pursuing me for the account. So 2 DCAs later, i'm free from that one. They will be noting my credit file with unsatisfied, which isn't great, but i'll be reading some of the other threads to see if there's anything i can do about that. For now, it is 1 less debt to worry about. I have no spare money to negotiate at the moment, so i will continue with my other battles.

 

I also think postie has tried to delkiver MBNA statements but no-one was here to sign for them. It's interesting how they've arrived so soon after my routine e-mails to at least 8 people simultaneously! Also, they keep sending letters requesting an everdecreasing payment, which was low to start with. Hubby thinks he was approached for this card at an airport - not much chance of a CA methinks. Will go down S.A.R route with this. I'm fairly certain they'll pay eventually. Pennypenny has finally been able to pay hers off after 3 installments from them.

 

Deadline for BCW to respond to me is up tomorrow.

 

So, let's see what tomorrow brings

[davefirewalker]

I also think postie has tried to delkiver MBNA statements but no-one was here to sign for them. It's interesting how they've arrived so soon after my routine e-mails to at least 8 people simultaneously! Also, they keep sending letters requesting an everdecreasing payment, which was low to start with.

 

 

They just sent me an offer approx 50% of outstanding balance....(£5k)

 

and I havent even started with them yet ....just testing the water

 

Dave