Letter from Credit solutions

[anotherdebt]

Hi,

 

Barclays have passed an old overdraft debt (£5k) to Credit Solutions

who have been phoning me every day for the past month or so.

 

I then received a letter from power2contact stating they were going to a doorstep visit on behalf of CS.

 

I wrote to CS couple of weeks ago offering a payment of £5 a month as all I can afford at the moment

and asked them to not contact me by phone and also sent them the doorstep letter

but this is a couple of paragraghs which I am not sure how to respond:

 

''With regards to your comment of our representative visiting your property,

I can confirm that Credit Solutions Ltd offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount.

 

This is simply another option available to our customers to assist them in repaying their debts.

 

In relation to field visits in sub section 2.12 of Office of Fair Tradings' guidlines doorstep visits must give adequate notice of the time and date of visit.

 

The Armstrong v Sheppherd (1959) case you quoted is dependant on each individual circumstance and only such an order to refuse access can come from a court and not from the individual.

 

Accounts referred to Credit solutions are due in full immediately.

 

Where this is not possible a shortterm repayment plan can be negotiated, however this is only to allow the customer time to gather the funds to pay the balance in full.

 

In order to substantiate your account being paid in instalments,

we require justification by means of a financial statement detailing all monthly income and expenditure.

 

This should include details of any benefits that you may receive

and full supporting documentation inclusive of copies of benefits and wage slips where applicable.''

 

Could somebody please advise how I should reply to these 2 points.

 

Many thanks

[BRIGADIER2JCS]

They can qoute out of context as much as they like,

 

their agents, representatives, employees have NO right of access to your property

and these people have no authority to demand any thing,

your are under no obligation to discuss any matters with them,

they can be ''invited'' to leave your property immediately.

 

The requirement for the I&E again is not something you have any obligation to provide

so tell them they can Require what ever they like

but until a court orders you to divulge your personal finances are not subject to their ''requirements''.

[anotherdebt]

Thanks Brigadier,

Thought that was the case, but they make them doubt yourself. They make it sound so matter of fact!

[dx100uk]

get your CRA file

 

see below.

 

noddle is free.

 

dx

[Bandit127]

LOL - OFT guidance on notice of a doorstep visit is in 3.13(g) in the current version (2011). Looks like they aren't even up to date...

 

You might want to look through the current guidance to see how many times that letter contravenes it.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

Personally - if they were getting that [EDIT] with me, I would send a CCA request letter including the requirement for a statement of account from account inception. I might add at the bottom of that letter that their copy of the OFT guidance is obviously out of date and give them the URL for the latest version.

[anotherdebt]

Thanks Bandit, will be writing back to them with a few choice comments!

 

Thanks DX, had my CRA report about 3 months ago and the above debt was still with Barclays but had a letter from Barclays about 3 weeks ago informing me that the debt is now with Credit solutions so assuming CS have now bought the debt especially as this week I have also received another letter from CS offering me a discount if I pay up in full!

[Conniff]

You don't 'offer', if that is all you can afford, then you 'tell' them and make sure they get their payment each week.

[PGH7447]

if they are offering a discount then something is dodgy with the agreement

[dx100uk]

yes but its an OD so no agreement

 

i bet the debt is mostly PENALTY charges

 

pers i never pay anything on a debt where a discount is offerd

 

means they'll never go near a court for fear of a counterclaim.

 

get that CRA

 

and p'haps SAR the OC.

 

dx

[PGH7447]

yes but its an OD so no agreement

 

 

 

dx

 

missed that bit:!:

[kurvaface]

Credit solutions ltd and Power2doabsolutely nothing.....cowboys!

[anotherdebt]

Thanks everyone

knew I couldnt do CCA as is an overdraft but had forgotten about SAR. Will get that off to them and see what happens? If no response in 40 days do I send account in dispute letter? Thanks again.

[Bazooka Boo]

No, if no docs within 40 days (calender) the send an LBA giving them a further 7 days to comply with your legal request or you will report them to the ICO to deal with.

[kurvaface]

Send the sar to CSL to tie them up.....

[BRIGADIER2JCS]

Send the sar to CSL to tie them up.....

 

Absolute waste of £10 CSL will have limited data, only from when they became involved!!

[kurvaface]

oops my mistake...but when you send sar to the oc, request all data from the dca.....tie them up and add to their costs...

[BRIGADIER2JCS]

oops my mistake...but when you send sar to the oc, request all data from the dca.....tie them up and add to their costs...

 

It will not be provided on the data the OC holds of a personal nature on the data subject wiil be available.

[Bandit127]

We have got a bit lost on this thread - so back to the top here guys.

 

An overdraft is regulated by the Consumer Credit Act 1974. A CCA request made against S77 or 78 (or even 79) will not be directly applicable.

 

However, the DCA clearly does not know their arse from their elbow (having quoted out of date OFT guidelines and contravened a lorry load of others). In my mind, a CCA request is still legitimate for an OD. If they do not claim Part V exemption then S.78 applies.

 

A CCA request for an overdraft is (in my mind ) legitimate. Given their ineptitude a CCA request is more than fair game.

[BRIGADIER2JCS]

An overdraft is granted on a ''letter'' of acceptance of the facility offerd and is not a regulated credit agreement as in a credit card orb loan agreement.

A CCA request in these circumstancs is a waste of time.

[anotherdebt]

Thanks for all the info,

a little confused about after the SAR sent,

if no response in 40 days

what is the lba bazooka mentioned and the ICO.

 

Sorry perhaps being a little dense today? Lol.

 

Been using the site successfully for few months now but not come across these abreviations so far.

 

Incidentally I SAR'd Very recently and the 40 days is almost up, n

o response so need to know what lba is please?

Thanks.

[BRIGADIER2JCS]

A SAR should be answered in 40 days from the date the creditor receives it.

If the creditor does not comply then the failure can be reported to the Information Commissioners office, and/or you can send a Letter Before Action notifying the creditor that you intend to apply to a court for an order compelling them to disclose the data requested.

[anotherdebt]

Thank you Brigadier.

[BRIGADIER2JCS]

Thank you Brigadier.

 

No problem!

[dx100uk]

in our library there is a failure to comply letter too.

 

that might be best first

 

dx

[Guest]

overdrafts are cca regulated, the cca itself provides examples of this, and a cca request could be applicable. depends whether they have claimed exemption or not. if so, a facility letter would normally be required. and, for o/ds post ec directives a cca request is applicable (no exemption poss).

Edited November 1, 2012 by Ford