e.o.s solutions v lufc advice on letter im sending them

[lufc]

 

 

 

 

EOS Solutions plc

2 Birchwood Office Park

Crab Lane

Fearnhead

WARRINGTON

WA2 OXS

 

CLIENT eos solutions

Dear Sirs

 

I contacted your office to let them know i was no longer with my debt management {Bryrom & Keeley} and to put the account on hold until i received further advice from else where.

Further to your letter dated 16/10/2007 you stated i had broken my promise to repay this debt as agreed installment programme. On the 10/10/2007 i sent your office my personal buget that showed incomings and outgoings, attached to a letter i sent and a £1 token payment in the form of a postal order. Today 20/10/2007 i received your letter dated 16/10/2007 and contacted your office straight away. I spoke to one of your male staff who claims i have not made any effect in trying to pay my debt off where i know you was sent cheques from Bryrom & Keeley inn July and August 2007, but you never got anything dept 2007 as i was seeking help but you received my token payment in October 2007. Your employee on the other end of the phone stated he never had income and expenditure as it was with your head office. Which to me was a lie because i sent it to the above address, he made me go through income and expenditure again, which i found to be stressful and humiliating and also degrading the way he spoke to me and what he said to me.

1)he stated nobody spends £100 a month on clothes,{ i replied clothes dont come cheap when theres 2 adults 2 kids and an 18th month old baby} which i find as reasonable as babys grow very fast and clothes aint cheap like they used to be

2) he stated "thats why we wash our underware, in a washing machine"{ i found this humiliating}

3)he stated nobody spends £40 on hair per month i replied due to hygiene and lice in this country we have our hair done regularly{ so basicaaly your guy is calling me a liar}

4) he told me he would help me with my expenditure to see what he can do but we already sent you that with the British Bankers allows you, which is reasonable living expenses which was put together by payplan on my behalf

5)he stated that there is no effort in trying to pay this debt by me offering a £1 and he said i got into debt on purpose , so i replied i wasnt to know that my child tax credit would drop as much as it did i had no letter of warning{ this happened in september 10th 2007}

6)Due to data protection i received phone calls from your office last week i would not confirm my phone number so your staff would not discuss the account unless i gave my number, so i hung up{my number is ex directory so its never given out and you have the number any way plus a telephone number isnt a personal data to prove who i am

 

7)Resolving my debt problems with you is more difficult and its deteriorating my mental and physical health due to the process of dealing with debt.

8) All telephone comunications to stop and do by letter only {my partner took phone of me and hung up on your office as i was shaking so much with the stress

9 ) he also stated that you wouldnt except my £1 token payment as it would take 81 yrs to pay back and ill be dead befor then ...due to him trying to bullie me in to makeing a payment £2.85 a week which is £11 mth which i can not afford ...as i stated my £1 token payment shows im willing to pay the debt even so im suffering hardship and a law court will see im makeing a effort and willing to pay the debt

I have told your office that i am under the mental health act{ have been for nearly 20yrs}

I suffer with pre-existing mental health problems i find that the stress of coping with my debts. The response of an unsympathetic or harassing creditor, plays heavy toll on my health.

My physical health problems have been adversely affected by the anxiety associated with debt such as other illnesses. Deteriorating mental health makes the prospect of resolving debt through my disabilities less likely and often make taking other small practical steps to resolve debt problems more difficult.

i also attend regular visits to my psychiatrist which is more often that i should be because of the pressures i get from people arguing on the phone

due to the above im sure you have guide lines your staff must follow..ie the O.F.T have guide lines crediters have to follow wich i think your company as breached and due to the breached guide lines its left me no altenative to regster a complante with the office of fair tradeing look forward to your reply

[Oh Boy!]

How much is the debt?

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[PriorityOne]

Looks like you've been given the standard bowlarks that's dished out over the 'phone.... so don't have any more dealings ove the 'phone. It's a golden rule when dealing with these people.

 

Your letter is a bit long... and IMO, not worth sending as it is. If you want to send one, I will post up one of mine later this evening and incorporate some of the points that you've raised.... If the debt comes under CCA law, it needs to go separately to your CCA request, as detailed in Curly's post above.

 

What's the debt for ?

 

A CCA request will effectively "halt" the account until they comply, without you having to worry about finding another DMP. You may find that you don't need another DMP anyway.... I have never had one and I'm sure there are many others on here who've handled things themselves as well.

 

[sosumi]

lufc, I think you should keep your letter safe, as there are other organisations you could complain to later. But I think P1 and CB are spot on about requesting the CCA first.

I've tried to get on the CSA Webpage today, but it's not loading. But you can still download a copy of their Guidance Notes on greater understanding of people with mental health problems:

http://www.csa-uk.com/csa/upload/Mental_health.pdf

This is the start of the article:

The Credit Services Association (CSA), the body that represents the UK debt collection industry, has called for greater compassion and understanding from organisations chasing individuals for debt, especially those that may be suffering from mental health conditions.

And in support of the move it has also become the first of the major associations to issue clear Guidance Notes on Best Practice within the area of mental health to its 250-strong membership as an addition to its existing Code of Conduct.

I see no mention of EOS belonging to the CSA on their (EOS) website, but they claim to have 'values' that the person you spoke to takes no notice of!

But this is where you have to take control. Don't speak to them on the phone - like many DCAs, they're head-monsters. P1 and CurlyBen will help you write the CCA request. However hard it is - and I know it's bl**dy hard, you have to keep your feelings in check. The CCA request is vital! x

[lufc]

How much is the debt?

£1,59

[PriorityOne]

Ok.... here's a much shorter version. I have removed your personal comments, simply because this is about taking control. All they need to see is that you are not going to be bullied any longer and are taking steps to put a stop to it. I have sent something similar to some of mine and life has been very peaceful in here since.... although I have toned it down for you... mine are a little more acidic.

 

Send by rec. delivery.... keep the receipt attached to a copy of the letter, if possible.

 

Send the CCA request separately, also by rec. delivery. Do not sign anything... just do a "signature" in block capitals. Once again, keep the receipt attached to a copy of your "signed" CCA request.

 

EOS Solutions plc

2 Birchwood Office Park

Crab Lane

Fearnhead

WARRINGTON

WA2 OXS

 

Dear Sir/Madam,

 

Your Ref : xxxxxx

 

Following a telephone conversation with a member of your staff on xx/xx/2007, I have grown increasingly disturbed by the disregard shown to the payments made on this account to date. Since regular payments have been received from Bryrom & Keeley for some time and more recently from myself, I have tried to co-operate with you at all times.

 

However, comments made by a member of your staff have caused me to doubt your legal right to collect any payments from me at all. I have therefore made a legal request for a true copy of my Consumer Credit Agreement under The Consumer Credit Act, 1974; sections 77-79 under separate cover.

 

Please be advised that once this request is received, no further action can be taken whilst the account remains in dispute. For your information, this includes the following :

 

You/your “client” may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

You/your “client” may not add any further interest or charges to the account.

 

You/your “client” may not pass the account to any third party.

 

You/your “client” may not register any information in respect of the account with any of the credit reference agencies.

 

You/your “client” may not issue a default notice related to the account.

 

Please also be advised that in future, I will only communicate with you in writing and any further attempts to contact me by telephone will be recorded, as well as logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I trust thus clarifies my position and yours and look forward to your reply in due course.

 

Yours faithfully,

 

 

 

[lufc]

priotityon thanks every much

[lufc]

EOS Solutions have put marked my file as defaulted i have receved any letters stateing this matter....i have also kept up date with my token payments

[PriorityOne]

As they have been unable to furnish you with an enforceable CCA.... then what authority do they have to continue processing your data ? You may want to wait until they are well in default of your request before pursuing this one....

[lufc]

Lmao E S O Have Changed There Name And Defaulted Me 13 Feb 2008 Never Got A Default Letter

[gymfreak1978]

this is most annoying DCA ever, everyones called Mr and Mrs, they ring everyday without fail, they wanna make you feel as small as possible, sonner you get rid of them the better, get CCAing the sods ASAP.

[PriorityOne]

You can now push for a written response on this....

 

In the absence of a properly executed CCA, under what authority have they entered a fresh default on your credit file ? You now require them to refer you to the piece of legislation upon which this reasoning depends.

 

Make it part of a formal complaint and ask for a copy of their Complaints Procedure at the same time.

 

Failure to remove the default and provide you with written confirmation of such, within 14 days of receipt, will see reports go off to Trading Standards, ICO and any other authorities as you see fit.

 

By rec. delivery....

[Curlyben]

Hows this for you:

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

 

[lufc]

How much is the debt?

£100,50

[lufc]

hi all got phone call saturday 16.2.008 eos was a very rude lady called miss doran from there arrangment team which very rude ...i pointed out can only pay token payments due to hardship....doran stated no point talking we will not xepet your offer its £10 all we will xpet ....told them no chance token payments only looks like court again lol

[PriorityOne]

Why are you paying anything when there's no CCA ? The 'phone call was to bully and intimidate you into paying. That's what they do, which is why we always tell people not to get into any discussions over the 'phone under any circumstances.

 

Have just looked over this thread.... have you even sent the CCA yet ? Confused.

[lufc]

http://i27.photobucket http://i27.photobucket.com/albums/c160/madcow19703/Scan10007.jpg

 

this link to e o s letter help

[lufc]

if e.o.s is collecting debt do any body know who Albis is as they have defauted my credit file

[Dorabell]

hi lufc thats there other name i have the same problem on my credit file if i had known about this forum sooner how the bullied me in to paying them

[PriorityOne]

Lufc.... have you sent them a CCA request ? There's no mention of it in their letter to you either.

[lufc]

cca was sent months ago i never put payment in it ....this letter i did same again with all the stress if you read there letter they are paying my £1 request

[lufc]

freemans are stateing they sold account to e.o.s but in letter from e. o. s they state they are acting on behalf of freemans and basicly dont own the debt ....ill not budge of £1 token payment e.o.s state £10 so account in deadlock im confused to hell

[lufc]

on a letter from eos your lender actio f.gmbh (freemans ) and Albis recorded default

[PriorityOne]

If you've made a request, then they're legally obliged to honour it or they can't chase you for payment. Do you have a rec. delivery slip of when the request was made ? I'm concerned that the £1 fee was not enclosed, although you've made £1 in token payments.

 

EOS (and many other DCAs) regularly talk about "clients". It's often nothing more than a poor attempt to make them look more legally clued up than they are. In this case, if Freemans have told you that the account's been sold, then that's probably the case. Since catalogue companies do not normally ask us to sign anything, then there will be no CCA anyway.... so stop worrying about this. I would be inclined to file their most recent letter somewhere and see if they send anything else. In my experience, DCAs will not stop writing straight away... their threats are empty, but they play on public ignorance.