Scotcall

dori2o · 10th January 2007, 22:53

Right,

I have a debt that is currently with Scotcall. I'm going to CCA them but I don't know the reference number. Would it be the same as the account/credit card number that I was issued when I had the card with Citigroup?

i_spam · 10th January 2007, 22:59

Quote The Refrnce Number That Scottcall Are Quoting And Send It To Their Address.

Sparkie1723 · 11th January 2007, 22:05

This little bit of info may help some people I dont know how many,

With regards to Scotcall LTD.....Up till the 12th May 2004 they used to be known as just Scotcall ( not LTD) they were owned by Sheildaig Enterprises LTD... NOW heres the interesting point up till 12th May 2004.... Neither of these were registered as a data processor with the Information Commissioners Office at that time, so if Scotcall have any info supplied to them and kept by them about you before they had a license or you paid them any money because they had this info about you i.e a debt they have unlawfully deceived you into paying on the basis of information unlawfully held at that time .....it was information information they should not have had.

That is worth thinking about.

Sparkie1723

dori2o · 7th February 2007, 00:53

I have now sent 2 CCA requests to Scotcall, both sent recorded but neither signed for, or any response from them. First sent almost 1 month ago, 2nd 12 days ago.

Has anyone else had the experience of this? Are they refusing to accept signed for letters, therefore cannot prove that CCA request has been received?

dori2o · 11th March 2007, 15:36

UPDATE:

The 2nd CCA request was signed for on the 7th February. The 12 working days were up on the 23rd February, and from the 23rd March they will have committed an offence.

To date I have heard nothing, I have stopped the payments I have been giving them, but don't understand what to do next.

Should I complain to the Information Commissioners Office? should I now send a CCA to Cabot to see if they hold the agreement? Should I correspond with Scotcall again?

i_spam · 11th March 2007, 15:37

I think you need to complain at the magistrates court.

Sparkie1723 · 11th March 2007, 17:34

Thats the problem now, County Courts do not deal with criminal offences, thats as bailliffchaser said, its majistrates courts business, you have to go to them and ask about that, or you could notify the OFT and see if they will prosecute, just dont pay any more to Scot Call, but still go the majistrates court for advice.

sparkie1723

davefirewalker · 11th March 2007, 22:31

I had scotcall chase some debts for the RBS sent them TWO CCA's then just as the 2nd one was about to expire and I was going to get medieval on them the sent me a letter saying they had passed it back to RBS !!!! I should have continued and had a go at them for non compliance.

not a peep from RBS either which is strange

Dave

dori2o · 12th March 2007, 19:40

I've had a letter from Scotcall, as follows.

Quote:

Dear Sir/Madam

Creditor: CABOT FRMLY CITIFINANCIAL
Our Reference: XXXXXXXX

We have been advised by your bank that you have cancelled the direct debit due to ourselves on the above referenced account.

We have an outstanding balance of £XXX.XX due on this account, and we require immediate payment.

Yours Sincerely

Administration Department.

The 30 days for them to reply to the CCA is up on23rd March. This letter makes no reference to my request.

Shall I phone them, write to them, or just leave it?

pmhcfc · 12th March 2007, 19:48

Quote:

Originally Posted by dori2o

I've had a letter from Scotcall, as follows.

The 30 days for them to reply to the CCA is up on23rd March. This letter makes no reference to my request.

Shall I phone them, write to them, or just leave it?

Leave it, let them work it out why you've stopped paying..If you feel you should do something then write a quick letter telling they are in default of your CCA request and you won't be making any payments until they produce the requested information.

dori2o · 12th March 2007, 20:24

I've just noticed something, having checked back through my bank statements, it seems they have not cashed the £1 cheque I sent with the CCA.

Is this likely to complicate things. Will I now have to re-submit the request.

pmhcfc · 12th March 2007, 20:31

Quote:

Originally Posted by dori2o

I've just noticed something, having checked back through my bank statements, it seems they have not cashed the £1 cheque I sent with the CCA.

Is this likely to complicate things. Will I now have to re-submit the request.

NO NO...It's fairly normal practice for a DCA not to take the charge. As long as you have proof re the postage then there's nothing to worry about..Chill

Everything's fine as it is.

dori2o · 12th March 2007, 21:57

OK what about this letter?

Quote:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT.

Reference No: XXXXXXXXXX

Dear Sir/Madam

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.(Copy of your letter attached).

On 2 February 2007 you received a letter and a £1 cheque from me by recorded signed for delivery. The letter was dated 28 January 2007. The cheque was a statutory payment for supply of these documents under the CCA 1974. Enclosed with this letter is proof of delivery from Royal Mail, which clearly shows this letter was signed for on 7 February 2007.

The letter specifically advised you that you have a legal obligation whether you are the original creditor or not to supply certain documents under the Consumer Credit Act 1974. Failure to supply these documents within the timescales set out in the CCA 1974 is a criminal offence.

ScotCall Debt Collecting Services had until 23 February 2007 to supply the original executed agreement. As your company has failed to supply the agreement within 12 working days from receipt of the request, as per the Consumer Credit Act 1974 (s.77-s.79) Scotcall Debt Collecting Services have defaulted and can no longer collect or attempt to collect on this alleged debt unless the original agreement is supplied within 1 calendar month of the date of default. Attempting to do so is a criminal offence under the Consumer Credit Act 1974. The agreement has not been supplied, and you now have until 25 March to supply the information. If you fail to do so, you will again have committed a criminal offence.

In addition to the above requested document your obligation also extended to supplying:

a) Full statement of account including alleged payments and charges. NOT RECEIVED

b) Express written authorisation that ScotCall Debt Collecting Services can process my personal data under the Data Protection Act 1998. - NOT RECEIVED

ScotCall Debt Collecting Services has so far failed to supply any of these documents.

By sending the attached request for payment, you are in breach of the Consumer Credit Act 1974.

I look forward to your reply.

Yours faithfully

Dori2o

diskmandave · 12th March 2007, 23:26

Looks fine, just don't post it until 23rd March!

pmhcfc · 13th March 2007, 00:16

Quote:

Originally Posted by diskmandave

Looks fine, just don't post it until 23rd March!

Took the words right out of my mouth Diskman

dori2o · 22nd March 2007, 17:56

I sent the letter above on the 20th March, they received it 21st March, and replied the same day. They have advised that they will now ask Cabot for a copy of the agreement, but they say they now have 40 days in which to do so, as they have not yet cashed the cheque.

Is this right, they have had my CCA since 2nd February, not cahed the payment, and now confirm they will send the agreement.

What do I do now?

diskmandave · 22nd March 2007, 18:16

Quote:

Originally Posted by dori2o

I sent the letter above on the 20th March, they received it 21st March, and replied the same day. They have advised that they will now ask Cabot for a copy of the agreement, but they say they now have 40 days in which to do so, as they have not yet cashed the cheque.

Is this right, they have had my CCA since 2nd February, not cahed the payment, and now confirm they will send the agreement.

What do I do now?

Start the 12 working days from 3rd February and don't believe a word of the rubbish they're spouting! After a calendar month in default they have committed an offence, it's as simple as that.

Suffice to say, if you got a loan from the bank and then told the bank that you hadn't drawn the money yet so wasn't going to make 1st repayment 'til the following month what do you think they would do?? Methinks they would laff you out of the bank!

edit: Offence committed 23rd March 2007
Today's their last day!

Regards, Dave.

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