Credit Solutions

[nightwatch]

Re: Credit Solutions

Hi all
sent the CCA Query letter to Barcs and have received this back

[nightwatch]

Re: Credit Solutions

since i posted the query letter I have had another from CSL, headed LEGAL NOTICE, saying that ' Their client is not going to wait for payment, and may start legal action to recover the debt' but the amount owed has been reduced by the £4 i sent, and that I should contact them by phone and not write as their time limits are now very strict
wonder if they employ Miss Whiplash

[PriorityOne]

Re: Credit Solutions

since i posted the query letter I have had another from CSL, headed LEGAL NOTICE, saying that ' Their client is not going to wait for payment, and may start legal action to recover the debt' but the amount owed has been reduced by the £4 i sent, and that I should contact them by phone and not write as their time limits are now very strict
wonder if they employ Miss Whiplash

Oh, that is so funny!!!

Send the CPUTR letter by rec. delivery.... copy to BC if you wish. BC have just written a standard load of blah....

[Never-In-Doubt]

Re: Credit Solutions

since i posted the query letter I have had another from CSL, headed LEGAL NOTICE, saying that ' Their client is not going to wait for payment, and may start legal action to recover the debt' but the amount owed has been reduced by the £4 i sent, and that I should contact them by phone and not write as their time limits are now very strict
wonder if they employ Miss Whiplash

what £4 that you paid....? Are you paying £1 per week?

I would look to send this off: ---> Threat by Creditor - Threat-o-Gram Letter Before Action

[garlok]

Re: Credit Solutions

Please do not call them by the telephone at all. They are trained only to entrap you. bully you and bring you to heel. Only communicate in writing via her Majesty's Mail. P1 is right. Trap them with the CPUTR letter. It is an offence for them to mislead you. Texts are as above (with sols and without sols)

regards
Garlok

[Never-In-Doubt]

Re: Credit Solutions

Send the CPUTR letter by rec. delivery.... copy to BC if you wish. BC have just written a standard load of blah....

That will not stop legal action and is also very risky - remember CPUTR is of little benefit to the consumer, ergo whilst the template is acceptable I would not use it in response to any legal threat as it holds no water......

Not being critical - I am just clarifying the point as I have seen thousands of these types of threats and the tried and tested system we employ does generally work.... I am just uneasy delving into CPUTR which aint really that good cos nobody has the balls to fight for it / take it on

[PriorityOne]

Re: Credit Solutions

That will not stop legal action and is also very risky - remember CPUTR is of little benefit to the consumer, ergo whilst the template is acceptable I would not use it in response to any legal threat as it holds no water......

Not being critical - I am just clarifying the point as I have seen thousands of these types of threats and the tried and tested system we employ does generally work.... I am just uneasy delving into CPUTR which aint really that good cos nobody has the balls to fight for it / take it on

Ok.... no worries. It's always worked for me with no probs. but if you're used to your one, use that instead.

As long as they p*ss off, it's all good....

[SaltnVinegar]

Re: Credit Solutions

Hi Nightwatch

Just to clarify.....

1) You had a payment arrangement in place
2) You had to reduce the amount of the payment arrangement
3) You have a letter from the accepting the reduced payment
4) They then hound you

Have you stopped paying the reduced agreed monthly amount?

[Never-In-Doubt]

Re: Credit Solutions

Ok.... no worries. It's always worked for me with no probs. but if you're used to your one, use that instead.

As long as they p*ss off, it's all good....

Its worth a go, but not yet I don't think..... all in good time dear

[nightwatch]

Re: Credit Solutions

Hi SAV
in reply to your questions
1, yes
2, yes
3,yes
4yes,
i have not stopped paying the reduced payment that they agreed to nw

[nightwatch]

Re: Credit Solutions

what £4 that you paid....? Are you paying £1 per week?

I would look to send this off: ---> Threat by Creditor - Threat-o-Gram Letter Before Action

yep I have been paying a reduced payment as another site suggested i should, sent a letter to reduce it more Aug, they agreed and then started with the silly letters sept,
do I send Threat letter to Barcs,or CSL, or both NW
PS should I stop paying xx

[SaltnVinegar]

Re: Credit Solutions

Hi SAV
in reply to your questions
1, yes
2, yes
3,yes
4yes,
i have not stopped paying the reduced payment that they agreed to nw

Hiya

Ok, then in addition to the CCA tack, as you have made an offer of payment, and they are still harrassing you something like below would be in order. In the unlikely event they did then go to court you could look at a counterclaim for harrassment or the creditor having an unfair relationship. Amend as appropriate.


Dear Mr DCA

I am writing to you regards your recent conduct in relation to the above account. In the last xx months I have received the following communication from you:

xx number of phone calls (evidence of which can be provided by my Trucall system)

letters demanding payment in full of £xxx

xx letters threatening home visits by Power2Contact

I do not understand why I am receiving this communication from you as on xx/xx/xx you confimed your acceptance of my payment plan and since that date you have received payments on the following dates: xxxxxxxxxxxxxxxxx where I have maintained this agreed payment arrangement.

Can you please confirm in writing why you no longer consider the previously agreed payment arrangement acceptable.

Regarding your other communication let me make my position on doorstep visits clear:

1) As a ‘customer’ of yours I do not wish to receive or accept your doorstep collection service, nor do I wish to arrange an appointment with one of your representatives.

2) I will discuss this matter in writing ONLY. I will not discuss anything with a field based agent and should any of your representatives visit my property they will be asked to leave and the police will be called immediately.

The recently updated OFT guidelines on debt collection also make it clear that to threaten to visit debtors without prior agreement when an account is in dispute or deadlocked would be considered an unfair business practice.

For the avoidance of doubt I refer you to the OFT's definition of a deadlocked account in these recently updated guidelines:

"where we refer to discussions about debt repayment being 'deadlocked' we mean that a debtor (or the debtors representative) has acknowledged (the debtors) liability for a debt and has proposed a repayment programme - but the proposed repayment programme is not acceptable to the debt recovery business (or the creditor if not pursuing recovery of the debt on its own behalf.

While business should not be required to accept any offer, we would expect them to give serious consideration to accepting any reasonable offer. Under circumstances in which a business rejects a repayment offer because it considers it to be unacceptable, we do not consider it appropriate for the business to engage in any conduct intended to, and/or likely to, have the effect of intimidating the debtor into increasing his payment offer.

For example, following receipt of an unacceptable offer from a debtor, the debt recovery business immediately communicates to the debtor that it will be 'sending field agents to visit'. Many debtors would view such a communication as threatening"

In consideration of the fact I have made a payment proposal to you, which you have accepted in writing, only to continue demanding payment in full and threatening doorstep visits I therefore consider your actions to be a direct breach of the guidance given by the OFT and harrassment.

Any further breaches on your part will be reported to the appropriate regulatory bodies, including but not limited to the OFT, Trading Standards and the FOS.

I also now formally advise you that any such visits will be followed up to the full extent of the law; a Police complaint for any trespass, which, if it occurs, will result in my seeking an Injunctive Relief Order from the courts. This means any visits would be classed as a criminal offence (contempt of court) and would be subject to fines and/or custodial sentencing.

Be advised that I will consider any further correspondence threatening doorstep visits, or an actual visit from one of your field representatives as harrassment and will consider you in breach of the Protection from Harrassment Act 1997 and will start legal proceedings accordingly.

I specifically draw your attention to the relevant parts of the Act namely:

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

In relation to the section (2) identified above I refer you to the recent court case of Harrison v Link Financial [2011] EWHC B3

Although you may claim as per Section 1.3.c of this act "that in the particular circumstances the pursuit of the course of conduct was reasonable" the OFT guidelines quoted above demonstrate that the OFT would consider threatening to visit debtor when an account is in deadlock an unfair business practice, consequently your pursuit of the course of action could not possibly be considered reasonable.

I trust that clarifies my position, and that you will now allow me to continue to make the payments, as agreed, without further harrassment.

Regards

[SaltnVinegar]

Re: Credit Solutions

"Can you please confirm in writing why you no longer consider the previously agreed payment arrangement acceptable."

This is another rope you will get them to hang themselves with. They will get themselves in a muddle responding to the doorstep collection points that they will invariably forget to respond to this question.


The OFT say this:

We would have particular concerns under circumstances in which a debt recovery business rejects a debtor's repayment offer as being unacceptable – but cannot subsequently demonstrate to our satisfaction why the offer was considered to be unreasonable (for example, if assessed against the Common Financial Statement or equivalent).

So let them not demonstrate why your offer is considered unreasonable but continue to subject you to harrassment and you get them on this too.........

[nightwatch]

Re: Credit Solutions

Hi all
reply received re my SAR to barcs
I asked for ALL information for All accounts in my name held by Barcs but I only gave the account no. of this one

{ I have a visa & mastercard acc, also a loan, but the loan has'nt been paid since 2008. it was placed with Debt Solutions, but I sent them a CCA and they sent the account back to Barcs} back to the story;

I have received some, but not all, letters sent to me by Barcs, for this account
the first pages of some defaults, again for this acc
and a long print out that makes very little sense but it says I have 2 account and NO loans,

I have not received any copy of my executed account or any terms and conditions from the inception of my accounts all of which I asked for,

they still have a few weeks till the 40 days are up, should I write back asking for them
or leave it till after Christmas

NW

[Never-In-Doubt]

Re: Credit Solutions

Just send a reminder for anything missing and state you require "everything"...