What to do with this letter from C.A.R.S ?

[deol2646]

Just like to know your thoughts on my next steps, it would be much appreciated ?

 

When they normally send me letters they have the money i apparently owe them in big red writing in the centre of the page, but this time the money i apparently owe them was in normal black writing under creditor, our ref, your ref..

 

************************* ************************* ************************* ************************* *********

 

Letter from them was dated 8th February.

 

They sent my £1 postal order back to me and said we are unable to bank it as 'Pipex' does not have a credit agreement.

 

They said you must of signed a contract with them not a credit agreement or set up your account online, via telephone or through a rep. If you wish to dispute these matters further please contact them directly.

 

If we can be of further assistance, please do not hesitate to contact us on 0844 880 0880

 

Your sincerely,

Louise Donnelly

(AND HER PRIVATE COMPANY EMAIL ADDRESS)

 

************************* ************************* ************************* ************************* ********

 

Look forward to your suggestions...

[teaboy2]

Sorry, but we're going to need more details as to who the Original Creditor is, or in the case it's Pipex, what they do as a business? Also, we're going to need to know what kind of debt this is, Loan, credit card, Retail Finance, Sales of goods or provision of services etc?

 

Its no good just posting up what you have posted and asking for advice, when your post fails to give us anything to go on.

[teaboy2]

No CCA = no enforceable debt = end of.

Report them to the OFT & trading standards if they refuse to stop harassing you.

 

Thats not true - As of yet we do not Know what type of debt this is and a CCA only covers loan's, finance agreements, hire agreements and credit cards. It does not cover sales of goods contracts or contracts under provision of services or utlilities etc. Advising the debt is unenforceable without knowing what type of debt it is, is not only poor advice, but a very dangerous route for the OP to go down. Should they take such advice as being accurate and goto court with such advice, it could as a result cost the OP £1,000's in court not to mention the embarressment of being laughed out of court as a result of following such advice.

Edited February 15, 2011 by teaboy2

[king100]

Pipex is a broadband service provider.

 

Along with bulldog they are all part of Talk Talk.

[teaboy2]

Pipex is a broadband service provider.

 

Right so in that case its a contract for providing a service which is not regulated by the Consumer Credit Act, and as such their will be no consumer credit agreement, as they it will be under a provision of service contract.

 

So the question now is, did the OP ever enter a contract or use Pipex as their service provider. (Note i just did a search and it appears they now own Talk Talk Business.)?

 

Until we have an answer to that theres little advice we can give, other than to send Pipex a Subject Access Request.

 

Along with bulldog they are all part of Talk Talk.

 

understond King, don't suppose you know if their is a name for the group of companies they form? Doesnt really matter, but it could be that the OP had broadband with one of the companies the form part of the Group.

 

Skip that, am blind, just noticed in the small print that its TALK TALK Group

Edited February 15, 2011 by teaboy2

[deol2646]

Hi ,thanks for your comments so far. The thing is they say it's Pipex but i went with Eclipse Internet.

[teaboy2]

Well Eclipse are part of the Kcom Group PLC so 2 seperate groups of company. I would write to Pipex a letter of complaint making it clear you have never been their customer and that you deem them liable for C.A.R.S actions which constiute harassment. Basically give them what for in your complaint. Because if you have never been with Pipex then they have no buisness to having your details let alone passing them on to a DCA and chasing you for money for a fictional account. Also inform them that you will be reporting them to the OFT, ICO, Trading Standards and any other regulatory body such as OFCOM.

 

I would also inform CISAS Who are the ofcom approved Redress scheme and deal in resolving issues between individuals and Telecom and Internet service providers here in the UK.

 

After that am sure this issue will be resolved quickly.

[deol2646]

Hi teaboy 2, to send a letter to Pipex it has to go to Talk Talk as that is the address they provide for Pipex, also do you have any complaint letter templates i could use ?

 

Do you think i should contact eclipse internet for any reason ?

 

Also i can only start a complaints process with CISAS once its been more than 8 weeks since i sent them a letter to them and no reply.

 

May i state i have sent 4 emails to C.A.R.S. already ( this has been in dispute since November 2010 ) with no reply except the reply about CCA. You can't send C.A.R.S recorded letters as they are a P.O BOX and don't accept them.

 

Cheers, Thank you all for your opinions.

[teaboy2]

Hi teaboy 2, to send a letter to Pipex it has to go to Talk Talk as that is the address they provide for Pipex, also do you have any complaint letter templates i could use ? Yeah send it to TALK TALK address marked FAO of PIPEX Limited.

 

Do you think i should contact eclipse internet for any reason ? Not at this point in time no, as they are not chasing you and are not connect to Pipex or the Talk Talk Group

 

Also i can only start a complaints process with CISAS once its been more than 8 weeks since i sent them a letter to them and no reply. The Date you frst wrote back to the DCA can be seen as the date of your original complaint. So if its already been 8 weeks since you first wrote back to the DCA then you can start now. Or if you PM methe account details ill send them a stroungly worded letter to get them to take up the issue, if they refuse to act upon your attempt to get them to redress the matter. just let me know ok.

 

May i state i have sent 4 emails to C.A.R.S. already ( this has been in dispute since November 2010 ) with no reply except the reply about CCA. You can't send C.A.R.S recorded letters as they are a P.O BOX and don't accept them.

 

Use this address as its the one they have registered with companies house. (they try their hardest to hide their address to prevent people from sending recorded but they can not beat company house when it comes to getting their full address )

 

CREDIT LINK ACCOUNT RECOVERY SOLUTIONS LIMITED

VIEWPOINT

BASING VIEW

BASINGSTOKE

HAMPSHIRE

RG21 4RG

 

 

Cheers, Thank you all for your opinions.

 

In the letter to Pipex

 

Put:-

 

Account/Reference Number

 

Dear Sir/madam

 

I DO NOT ACKNOWLEGDE THIS DEBT

 

I write to you i regards to being hounded by C.R.A.S who are trying to collct on the above account on your behalf. I most point out that i have been with ECLIPSE Since (enter date you started using Eclipse as your ISP) and have never had a broadband account with yourself or any of company that are part of the Talk Talk Group of companies. I here by inform you that i hold you (Pipex Limited) as original creditor/party fully liable for C.R.A.S actions, which i believe constitutes harassment under Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

Also, you will note that attempting to collect on a debt when it is unsure as to the indentity of the person you are chasing for the alledge debt is a breach of OFT debt collection guidelines.

 

You will be reported to the OFT. ICO for processing my data unalwfully (since i am not the account holder), Trading Standards and OFCOM.

 

You have 14 days from the date of this letter to confirm that you have closed the account and any and all notes and defaults recorded on my credit file via credit reference agancies have been removed, I also expect a letter formally apology. Note i reserve the right to commence legal proceedings against you without further notice.

 

Yours sincerely

 

PRINT NAME (DO NOT SIGN BY HAND)

 

You can/should add more details etc to personalise it more, but the above is the jiss of things. plus you best check my grammer and spelling as its never been my strong point lol.

 

P.s. email copy to C.R.A.S too for good measure put on bottom though cc sent to PIpex Limited.

Edited February 15, 2011 by teaboy2
added P.S.

[deol2646]

Hi, may i just add eclipse cancelled my account before September 2010. A few months after they cancelled it they wanted £505.68 off me. Also i used them of e-commerce not ISP.

 

Also in the writing of the letter is say Pipex does not have a credit agreement but above the letter writing by the date is goes 'Creditor: Eclipse'

 

Should i send the letter recorded or what ?

[teaboy2]

Hi, may i just add eclipse cancelled my account before September 2010. A few months after they cancelled it they wanted £505.68 off me. Also i used them of e-commerce not ISP. Ahhh well that may change things then. Did you pay Eclispe the amount? and how much are you now being chased for is it the same amount? doesnt matter right now that you used them for ecommerce. but just out of interest who actually is your ISP?

 

Also in the writing of the letter is say Pipex does not have a credit agreement but above the letter writing by the date is goes 'Creditor: Eclipse' (as they claim you owe money to them then they are the creditor in the sense the debtor owe them money. thats all so its not important, you you can change it to original party instead of creditor it you prefer.)

Should i send the letter recorded or what ?

 

Yes but hold on and answer the above first before you send the letter, as what you stated above could change things depending on your answers.

[deol2646]

1) They said i can pay them £40 a month or they can cancel my account. I said can you cancel my account they did that and they they said £505.68 you owe us. I didn't pay as i didn't use the e-commerce service and yes they still state i owe them the same amount. My ISP is 3.

 

2) So i would still send letter to Pipex not eclipse ?

[teaboy2]

How much are Pipex chaisng you for though is it £505.68? Need to know, to make sure where sending the right letter here.

[MARTIN3030]

Teaboy is correct.

Since there is no agreement under CCA,then there is nothing to supply.

You are however entitled to ask for information relating to the alleged debt,including the creditor,the amounts owed and the dates the alleged debt relates to.

You should inform them to pass the account back to the creditor if you are disputing all or part of any debt or alleged debt.

You should ask them to send you a copy of their complaints procedure also.

Remind them of their responsibilities to uphold CSA codes of practice as well as those for the OFT.

Let me check on their address.

 

Up to you whether you want to contact Pipex at this stage or else wait.

Their address is;

 

TalkTalk Business

1 Triangle Business Park

Stoke Mandeville

Buckinghamshire

HP22 5BL

[MARTIN3030]

Viewpoint, Basing View, Basingstoke, Hampshire, RG21 4RG

 

This is the correct registered office for C A R S as prev posted.

[MARTIN3030]

just for the record eclipse is part of Kingston Communications.Their registered office is;

 

 

ECLIPSE NETWORKING LTD

37 CARR LANE HULL HU1 3RE

[deol2646]

The alleged debt is £505.68.

 

Thank you all your comments.

[teaboy2]

So in otherwords the debt is for the eclipse account. So why on earth is Pipex chasing it?

 

I would hold off on the letter i posted earlier, and instead send eclipise a SAR To find out just exactly what is going on with this account.

[deol2646]

Hi, yes on all letters from C.A.R.S it says creditor: Eclipse, although on the most recent letter i sent C.A.R.S requesting SAR they said they couldn't provide one as Pipex don't have a credit agreement. So that confused me.

 

So should i send eclipse a SAR use the address for eclipse: ECLIPSE NETWORKING LTD

37 CARR LANE HULL HU1 3RE

 

Thank you for everyones feedback.

[MARTIN3030]

Looks like CARS have got their info wrong,they do deal in a lot of utility debts.

In your SAR to Eclipse make sure your request is specific.

 

1.Copies of all statements.

2.Copies of all written communications sent by them to you.

3.A screenshot of your account activity.

4.Copies of any legal notices sent to you.

5.Details of all third parties to whom your data has been shared/exchanged/processed with,to include the names of individuals or organisations,and dates.

6.If your data has been shared/exchanged/processed with third parties,by what method ?

7.An acknowledgement as to whether they still own the account..

 

Make sure that you send proof of entitlement I suggest copy of drivers licence/passport etc with your sig blanked out.

Also a copy of a utility bill to prove address.

These save any stallling possibilities-best to send from outset.

 

Make sure you keep the rec for your PO just in case they return it.

Keep a copy.

[MARTIN3030]

Hi, yes on all letters from C.A.R.S it says creditor: Eclipse, although on the most recent letter i sent C.A.R.S requesting SAR they said they couldn't provide one as Pipex don't have a credit agreement. So that confused me.

 

So should i send eclipse a SAR use the address for eclipse: ECLIPSE NETWORKING LTD

37 CARR LANE HULL HU1 3RE

 

Thank you for everyones feedback.

 

 

Yes dont forget the £10 postal order.

Address the letter FAO The Data Controller.

[deol2646]

Hi, i will use the SAR on the template library i believe it contains all that.

 

I do think C.A.R.S have made a mistake although i could be wrong.

[MARTIN3030]

Registration Number: Z8036636

Date Registered: 09 July 2003 Registration Expires: 08 July 2011

 

Data Controller: ECLIPSE NETWORKING LTD

 

Address:

37 CARR LANE

HULL

HU1 3RE

Other Names:

ECLIPSE INTERNET

[MARTIN3030]

Not sure if our temp contains all the above.

Its important that in addition to the account balance,you are able to properly determine how CARS came to be involved,and what Eclipse were asking them to do.

[deol2646]

Hi, what do you mean by this Registration Number: Z8036636

Date Registered: 09 July 2003 Registration Expires: 08 July 2011.

 

I think eclipse perhaps sell the debt to debt collection agencies i.e. C.A.R.S