Sorry another CCA request failure supply

[Pat-Uk]

OK, I have searched (via Ask) and can see snippets nof my issue but I also find some contradictions so I am a little confussed.

 

I am dealing with Thames Credt how now claim to own 2 debts, one for a Morgan Stanley CCard and one for A Halifax CCard and Bank account. (they have combined the Bank account and CCard as one debt).

 

I sent the CCA request on 19th Feb 2007, it was recieved by them on the 22nd and I got a reply from them saying they will have to get the documents and be patient.

 

I heard nothing since from them until I cancelled the DD payment which was due to go out the 2nd week in April (I gave them almost 8 weeks to supply the documents)

 

The letter I got from them said along the lines of you must not stop the DD and was threatening me with legal action, I Phoned them yesterday and they said what are you going to do about paying this account ?, I replied, "what are you going to do about supplying the information set out in the CCA request". Then they cut me off.

 

I phoned back and spoke to someone else, they repeated the script, and I changed my wording slighly but asked the same thing. He got all flustered and said he needs to speak to a manager who would advise what to do, and would let me know..

 

What I need to know is my legal position, and what I can now do, it has been 10 weeks since they recieved the CCA request, they are overdue by 4 weeks to supply.

 

Have they broken the law, can I be taken to court for the debt, can the debt now be passed on to someone else.

 

Please let me know

 

many Thanks

[Pat-Uk]

Also would this put me in a position where I could offer them a silly Full and final settlement amount for both debts

[kennyparkroad]

they have 12 working days to supply the documents.

 

they didnt, so were then in default and you had every legal right to stop payments.

 

a further calender month (30 days) after the 12 working days had passed, they committed a criminal offence, therefore cannot get the debt reinforced unless they do it with a court order.

 

Now since its a bank i would send a SAR request to the bank to reclaim any unlawful charges to the account.

 

So yes they have broken the law, they have no rights just now, and no they cannot pass the debt onto someone else while it is in dispute.

 

DO NOT talk to these people on the phone, demand everything in writing, this way you can prove whats been said.

 

i hope this information is useful to you.

 

Kenny

[Pat-Uk]

OK Thanks

 

One of the cards is years old and maybe outside the time limits of an SAR, not sure how to go about checking, but as I was paying the DCA, only for a few months before I requested the documents. I doubt I can now have it statute barred. although as it is possible they may not have been legally able to collect the debt, could it mean the timer was not re-set ??? and as such I don't really want to stir things up with them if there's a chance that it maybe or is about to be barred.

 

Who do I report them to ??

 

As they have broken the law and probably know this, does this now make my possition stronger in the respect of getting a decent FFS, is it worth my while offering them a stupid amount to settle, one of the cards is for about £1000 and the other is about £1300 ish.

 

Would it be seen as blackmail even if I were to word it carfully, Like please accept this 5% offer in FFS, and I will be happy for this to be the end of the matter as I don't want to spend the time and trouble reporting you to the relevant bodies ??

 

Would it be worth it ??

[Pat-Uk]

OK I have drafted the following letter, can anyone advise if it is worth my while sending,

 

 

 

Many Thanks

 

 

 

Please find attached copies of CCA requests sent to you on 19th Feb 2007 by registered post, you responded to these by letters dated the 22nd Feb 2007, by saying you will obtain the requested information.

 

As you are no doubt aware after 12 days from receipt (6th March 2007) you were in default of the notice, and then 30 days from then (5th April 2007) you committed a criminal offence and from this point onwards can not enforce collection without a court order.

 

I am looking to settle this amicably and would like to offer a token payment £XXXXX in full and final settlement for both accounts, in addition to the account being settled I would also require for you to notify the relevant Credit Reference Agencies that the accounts are now satisfied.

 

Should this be satisfactory to you it would be totally pointless for me to pursue the matter further as it would involve my valuable time, and not benefit either of us.

 

Please respond within 10 Days of this letter so I know if this matter is settled or not.

[diskmandave]

You could also approach Trading Standards directly, worked a treat for me

 

Have a read of my Lowell/Cap1 thread...

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

Good luck, Dave.

[Pat-Uk]

Just read it through and well done, although my situation is similar, it is not the same, as I have been making payments it appears my debt will not be statute barred for 6 years from last payment (which was 2 months ago).

 

If I go direct to trading standards would it then be possible for the debt to be passed back to the oridginal creditors, and should the paperwork turn up in the next 6 years I would then be in the situation i'm in now.

 

I was thinking that if I can get them to settle now for a few peanuts, then it will be over for good,

 

But if i'm wrong in thinking this then please let me know

[Zimmie]

They claim to own both of these debts, so they cannot pass them back to the original creditor...unless of course they didn't actually own them, if that is the case...well thats a bit naughty of them stating they did...maybe comes under obtaining money under false pretences...it certainly comes under something!

As they have defaulted on your CCA request and have gone over the 30 days, they cannot pass the account on as it is in dispute...although they might try to, but you can get advice about that if & when it happens.

 

Re the 2nd paragraph in your above letter...they can only enforce the debt in court IF they come up with the original agreement. If they do suddenly 'find' it, well why didn't they find it to fulfill your lawul request?

Also I think I'd call it a goodwill payment on an ex-gratia basis rather than token...sounds a bit more condescending

 

Also found this bit of a letter:

 

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

[Pat-Uk]

Hi Guys

 

I've today received another letter from a DCA in relation to some accounts, They are the standard You have not responded to our letters so we are 1) going to take you to court or 2) send details to our field agents for collection.

 

There is no County Court Judgment on the debts, They are unsecured debts.

 

They failed to supply any documents in response to a CCA request that was sent in February 2007. I wrote to them last week by recorded delivery advising them that they had failed to to provide the documents and that they had broken the law, and that they can not now collect any further money without an court order.

 

But they still keep writing, Can I ignore this or should I invite them to take me to court as they are now in the wrong ??

 

Many Thanks

[setmefree]

Ignore them they have failed to comply to your request,the letters you are receiving are just computer generated junk.

[ODC]

Hi Guys

 

I've today received another letter from a DCA in relation to some accounts, They are the standard You have not responded to our letters so we are 1) going to take you to court or 2) send details to our field agents for collection.

 

There is no County Court Judgment on the debts, They are unsecured debts.

 

They failed to supply any documents in response to a CCA request that was sent in February 2007. I wrote to them last week by recorded delivery advising them that they had failed to to provide the documents and that they had broken the law, and that they can not now collect any further money without an court order.

 

But they still keep writing, Can I ignore this or should I invite them to take me to court as they are now in the wrong ??

 

Many Thanks

Write to them and ask for a copy of their complaints procedure. Then report them to TS and the OFT and when they fail to correctly address your complaint report them to the FOS. This will cost them £ 400. That should keep you amused for some time and places to shoe on the other foot. Watch them squirm. Who was the DCA by the way

[Pat-Uk]

Thanks, Will do.

 

It was Thames Credit, who seem to be popping up on here quite alot.

[Pat-Uk]

Can i confirm it's the OFT and not the ICO, or should I just have a party and send to all of them.

 

Thanks

[ODC]

OFT First of all along with TS. Keep ICO for later amusement

[setmefree]

Yes once again sound advice from ODC

[Pat-Uk]

Hi Again,

 

Same DCA, and another letter from them demanding money for the accounts that they have failed to supply details from CCA request

 

I have written up all the information and all the evidence is together including proof of delivery and their initial response to CCA requests saying they will get the information and get back to me, and it is ready to send off to the OFT and TS.

 

In my last letter to them I (as suggested above) asked for details of their complaints procedure, which they have not sent. I don't think that I can report them to the FOS as I don't think they are regulated by the FSA, they are member of the CSA and they do have a complains system to report thier members, but I don't think that they get into any trouble over it.

[make them aktiv runners]

If they attempt to obstruct the complaints procedure (failing to respond with complaints procedure is obstruction) then you can go directly to the FOS. Only complain about the letters received from 6.4.07.

[Pat-Uk]

and the FOS will deal with it even though they are not regulated by the FSA

[clutchingatstraws]

If you have kept evidence that you have requested a copy of their complaints procedure and it is dated after 6.4.07

 

I would start a complaint with the FOS that they had not responded.

[ODC]

and the FOS will deal with it even though they are not regulated by the FSA

 

If you have kept evidence that you have requested a copy of their complaints procedure and it is dated after 6.4.07

 

I would start a complaint with the FOS that they had not responded.

And the FOS will charge them £400 just to investigate the complaint:D

[Pat-Uk]

Can you confirm the the FOS will deal with complaints about companies that are not members of the FSA, as I was under the impression that they are only able to investigate and fine companies that were FSA members.

[Pat-Uk]

DOnt worry,

 

I have just phoned the FOS and logged a complaint, even though they are not FSA members they will deal with them.

 

WOO HOO

[ODC]

I thought they would as they are regulated by the FSA. Your 10p phone call has just cost the **** £400. Good result so far.

[tomterm8]

Can you confirm the the FOS will deal with complaints about companies that are not members of the FSA, as I was under the impression that they are only able to investigate and fine companies that were FSA members.

 

The F.O.S. will consider any complaint about a Consumer Credit License holder that happened after 6 april 2007, within the Consumer Credit jurisdiction, and as long as you have gone through the companies complaint procedure.

[ODC]

These people are as far as Im aware under the same regulations as anyone in a financial business. Although it may seem they are mainly employed in bullying and threats they are still under the auspices of the FSA