Cheque Centre

[Kaitlynx]

I was contacted by this company 2 months ago, I requested a copy agreement, I've still not received this. I had a msg from them this afternoon when I got home from work, I called them back and advised Im still waiting a copy agreement and once it's received I shall make payment if it's my signature as I cannot remember this.

 

The rude male says too me "I think we wil go for a wages arrestment" I laughed and advised he cannot do this. I ended up hanging up the phone before I got annoyed with him.

 

I will be calling back but before I do can anyone advise if they can do this by law? As im a debt collector myself and I was on the understanding you can only arrest wages for Council Tax.

 

Thanks

Kayleigh

[rory32]

They can do this but it's not simply a case of popping down to their local sheriff court and asking for one. Before they could get an earnings arrestment they would have to take you to court (obviously you would be notified of this and can choose to defend, partly dispute the claim, or apply for a time to pay order, etc.) and obtain a decree against you.

 

Assuming they obtained the decree against you you would then be sent a charge for payment warning that unless you pay what you owe within 14 days they are going to take action to get the money that you owe them. Only after the 14 days are up can then use an earnings arrestment to enforce the decree. Obviously how much they would be allowed to take each month would depend on how much you earn as prescribed in the Diligence in Earnings (Variation) (Scotland) Regulations 2006.

[Kaitlynx]

But can they still do this if they haven't provided me with a copy agreement? I've just sent the below email too them requesting this again as by telephone they are just using bullying tactics and when I ask for a copy agreement they say "we will arrest your wages" "are you saying your not paying this?"

 

I've told them once I receive the copy agreement I will arrange payment but they are useless.

 

Dear Sir/Madam

 

Re:- Account/Reference Number - XXXXXX / XXXXXX

 

I do not acknowledge any debt to your company or its clients.With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

Miss X XXXXXXXX

[rory32]

But can they still do this if they haven't provided me with a copy agreement?

Yes but the sheriff wouldn't be awfully impressed that they have ignored a dispute. Court action should always be a last resort and of course they would have to prove that the monies claimed are indeed owed by you.

 

You should also e-mail them informing them that all further communication must be in writing only and that any further telephone calls from them will be view as harassment and reported to the relevant authorities.

 

DCA call centre staff will tell you any old rubbish over the phone to try and intimidate you into making a payment as telephone conversations can later be denied. If they do phone again and you feel the need to talk to them inform them that the call is being recorded (whether it is or not), they normally soon hang up. Keep a log of any calls though. Harassment is a criminal offence whereby both the individual and the company can be prosecuted Protection from Harassment Act 1997 (c. 40)

[Kaitlynx]

Im actually a debt collector myself lol and not all of them are like that, we certainly don't just tell any old rubbish.. We also advise on every call made or received calls are recorded! But I know what you mean there are alot of DCA's which deal with debtors in a disgusting manner.

 

I've had a response now from a girl who used too be an ATL at my work and is now a manager there, she's emailed me back confirming the docs will be out in today's post. Told them as long as it's my signature i'll contact too arrange payment!

[ziggyangeldust]

Did you not receive a copy of your agreement in branch? It is standard practice for you to be handed one when you take out your loan.

[Kaitlynx]

I can't remember taking it out, I have now received the docs, emailed them i&e details with an offer of repayment, still await a response! That was over 2 weeks ago I've sent 2 emails and they are not responding!

[ziggyangeldust]

Sorry...I don't understand if you took out a loan with this company you must have gone into a shop they would have taken in your I.D and handed over your debit card so they could take the money back or applied on line and entered your details online. I took out a loan with them a while ago and will never forget being there . Have you ever lost your bag?