Freemans / EOS no CCA - Abrupt / weird letter?!

[orange6]

Wonder if anyone can shed any light or give me some advice!

 

I've had an account with Freemans for about 18yrs, been in a DMP for past 3 years and all was going well. I got a letter from EOS solutions telling me i need to pay them the full outstanding balance or else etc...

 

I CCA'd them and got a letter back - I cant scan a copy on here but i'll transcribe:

 

We note you are requesting a cpoy of your agreement pursuant to section 77/78 of CCA act 1974. Please note you are not entitled to rely on that section of the act because it appears in part VI of the act and part VI only applies to current agreements whereas your agreement has been terminated.

In the interest of avoiding further action, we confirm if we had a copy of the agreement we would of course disclose it to you. Unfortunatley we have been unable to trace a copy and we therefore enclose a copy of the standard form agreement which contains identical T&C's to those which applied to your account.

Even if you were entitled to rely on section 77/78 (which we deny) that section only obliges us to produce a copy of the agreement "if any" As explained the agreement can not be traced and so we are unable to provide you with a copy.

 

We respectfully disagree with your interpretation of s 77(4)/ s78(6) of the act. we have already explained why we contend we are not in breach of s 77 (1) / s 78 (1) but even if we were such breach would only prevent "enforcement" of the agreement not activity up to and including obtaining a CCJ against you,

In the circumstances please provide us with your proposal for settlement of your account within 14 days.

I havent got a clue how to respond to them apart fron the fact i am still paying through DMP so i'm not too worried yet?!

Can anyone give me some advice please??

[Guest Old_andrew2018]

did you write to EOS with your request ?

[orange6]

Hi Old andrew - Yes i did, their response was pretty quick certainly within the 12 days?

Now i just dont know how to respond to them, their letter makes no sense?

[GhostDebt]

Evening,

 

Did you receive a termination letter or default notice?

 

They state that they have terminated the agreement, were you aware of this?

 

It may be more appropriate to send a CPR 31.16 letter requesting the document.

 

With regards their statement,

we have already explained why we contend we are not in breach of s 77 (1) / s 78 (1) but even if we were such breach would only prevent "enforcement" of the agreement not activity up to and including obtaining a CCJ against you,

They have already stated if they are in breach they can't enforce it and obtaining a CCJ is enforcement..

 

Regards

[orange6]

Hi Ghostdebt,

 

Thanks for your response - No I didn't know the agreement had been terminated and I certainly haven't recieved any DN.

Do you think I should reply questioning this? What is a CPR 31.16 letter, can I get a template off here??

 

Thanks for spotting the enforcement bit also!!

[GhostDebt]

Hello Orange6

 

Please have a read through the following ref CPR 31.16:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

They shpuldn't terminate the agreement without first sending a Default Notice as far as I know but seek further input.

 

Regards

[planetdebt]

Hi, keep your chin up, I too am having problems with freemans/eos they are nasty and devious and just trying to scare you. After having a chat with the expert shadow hes advised me to post the below for some advice for you.

 

"the letter that person received should be forwarded to the OFT, they have no agreement and yet state they can obtain a CCJ (which IS enforcement) against the person. No doubt the letter was headed "without predujice" to protect their sorry asses if court action was to start."

 

"This letter is a clear breach of OFT guidelines and imo states an untruth."

 

PD

[the_shadow]

Orange6, how are things going?

 

Have EOS backed off at all? Are they still hassling you for repayment?

 

S.