chickenlicken v westcot & clarity

[Chickenlicken]

CCA requests sent 5 June 2008. I make it 23rd for the initial response

[Pinky69]

The correct date is 25 June - you have to allow 2 days for receipt and postage at the other end.

[Chickenlicken]

Thanks for that, will bear it in mind. This is for hubby and will post again when I hear from either company.

[Chickenlicken]

Wescot have responded by;

Returning our letter & PO

Asking us to provide a reference number otherwise they cannot action the request!

I have not got a ref. no. as hubby threw most of his paperwork out.

[Pinky69]

The reference number is one they gave you so THEY must know what it is! No doubt they will write again and the reference number will be on the next letter then you can resubmit your request. Make sure you file everything.

[Dispirited]

Wescot have responded by;

Returning our letter & PO

Asking us to provide a reference number otherwise they cannot action the request!

I have not got a ref. no. as hubby threw most of his paperwork out.

 

-

 

Interesting, my son-in-law just got a similar letter from Wescot only they wanted his last 3 addresses - just to make

sure they were dealing with the right person and not breaking the Data Protection Act. Hilarious as their letter

contained account details, amout of debt and the OC's name! Needless to say they were told to bog off.

[Chickenlicken]

-

 

Interesting, my son-in-law just got a similar letter from Wescot only they wanted his last 3 addresses - just to make

sure they were dealing with the right person and not breaking the Data Protection Act. Hilarious as their letter

contained account details, amout of debt and the OC's name! Needless to say they were told to bog off.

 

For Gods sake!

 

I'm kind of reluctant to resubmit the letter to be honest, if they can't get their arse in gear, they'll have to wait for their money.

My instinct is to stop payments and wait for their response, asking for cca when they write to hubby about non payment. I bet they'll soon find the account then!

[Chickenlicken]

wescot cannot find any cca & have closed the acc.

clarity have requested more time to obtain info from oc.

 

Have cx both payments and await further response from clarity.

 

Both DCA returned PO

[Pinky69]

Well done! So far, so good:D

[Chickenlicken]

Clarity have called my husband with a reduced settlement offer, to which he said "I do not acknowledge any debt to you, you need to communicate with your other departments"

 

Await further response as the first cancelled payment was due today. No doubt the will be in touch soon.

[Pinky69]

Well done again. An early settlement offer is usually a sign that they don't have an agreement.

[Chickenlicken]

Telephone harrassment letter not adhered to. 30d deadline is up. No CCA, statement of account or anything else from either DCA.

[NORNIRONGIRL08]

I wrote to Mr Morell the CE of Clarity I have the reply on my other e mail, it was for Egg and one of the many debts gotten in my name in 2000/2001. He was a bit arrogant and insisted they were going to send an agent to my home to discuss my financial situation and repayment proposals. Told him I had requested info from Egg and made a complaint to Egg they wrote back and said they would investigate. Then 2 weeks later they wrote and said the account was with Clarity and to deal with them. Mr Morell realising he didnt have the CCA and me informing him that as I wasnt the person on the CCA would this be a breach of Data Protection Act?? He then told me they had used their tracing agents none other than J2 Solutions/MH who informed them they had made a positive trace and their file was closed as I was the debtor Clarity were seeking.

 

An e mail then from Mr Morell this case has now been closed and no further contact will be made ummm wonder was it the mention of FOS and OFT.

 

BTW none of this would be possible without the help on this Forum. A few months ago I was a wreck

[Sazzyko]

Hi!

I was just wondering if anyone would be able to help me, i've started get calls on my land line - leaving msg's during the day - i have no idea what they are trying to get in touch with me for? i've had no letters.. and it has only just started as i've changed address with my bank! there is no debt showing on my credit file. Do anyone know if the are buying student loan from the Government? Clarity seem to be everywhere - they have only been around 12months.. And who are Nikko?

Cheers

please help!!

[Chickenlicken]

Clarity have rung hubby again today and have now got quite assertive that a) he owes this money b)has already paid £1K (so why stop now) c) have threatened court action.

 

He is worried that court action is pending and they are not listening (surprise surprise) to his repeated verbal (as well as written) requests for an executed CCA.

 

"we don't actually own your debt, we are just a collection agency acting on the behalf of the original creditor"

 

I thought they are a DCA & if so they should have the paperwork to legally enforce a debt?

[palomino]

If they are acting on behalf of the original creditor then they are acting as an agent. They therefore have a clear duty to pass matters such as yours back to the original creditor.

[Pinky69]

If they don't own the debt they cannot take unilateral legal action - that has to be done by the original creditor. Stop talking to these numpties on the phone and insist everything is in writing.

[palomino]

If they don't own the debt they cannot take unilateral legal action - that has to be done by the original creditor.

 

An agent can do this on behalf of the OC. I doubt the action was unilateral as the OC has almost certainly given them permission or even directions to act accordingly.

[Chickenlicken]

thanks guys.

But surely if the account is in dispute and until they provide the requested paperwork they shouldn't even be contacting us in this way and suggesting this anyway. I have requested everything to be in writing before, which they have obvioulsy ignored.

[Pinky69]

An agent who does not have absolute assignment cannot take unilateral legal action - it must be taken jointly by the agent and the original creditor. No, they shouldn't be contacting you in this way but that is the nature of the beast - DCAs don't think the law applies to them and they just ignore it if yoiu let them get away with it. They cannot take legal action against you if there is no credit agreement and to threaten you with it whilst an account is in dispute is against OFT guidelines. Report them to the OFT. They don't take individual complaints but what they do is mark the files of the agencies that step out of line and this is taken into consideration when it comes to renew their credit licences. From time to time the OFT rise up and take a swipe at a number of agencies at once for stepping out of line. Keep everything on file. You can also ask for a copy of the agency's complaints procedure and make a formal complaint to them for breaching the CCA 1974 and OFT guidelines and send them the telephone harrassment letter in the sticky at the top of this forum. There is a lot you can do to fight back - don't let them bully you.

[Chickenlicken]

Result!

They have written back after letter number 3 stating they are returning the account to their client and any further correspondance will come from them:D

Thats Round one over, shall await for next dca to come ringing