Nco Europe - Can You Help?

[surprise]

I am new here and I have a problem with NCO. They wrote to the address of my ex where I have not lived since 1992. Any move I've made I have notified everyone who needs to know. They are saying I owe Creation Financial Services £1200. I have no knowledge of this debt. I have written to both companies but all I get is standard letters. I have asked proof of this debt but nothing todate. NCO phone everyday but just put the phone down on me, don't speak. What path should I follow now.

[lookinforinfo]

Send NCO a CCA request-you will find a letter you can copy in the General Debt section. Next look at the last thread in the "sticky" subsection, and the letter you want is letter N.
Include a note to demand that the phone calls stop or they will be reported to Trading Standards [and keep a record of the dates and times they call if you are not doing that already. Send the letter by recorded delivery and keep a copy.
It might be worth getting hold of your credit files from the three Credit
reefrence Agencies [Equifax, Experian and Call Credit-you can doo it online]
and see if they have anything listed against you from Creation finance.
There are companies that specialise in chasing after debts that are out of date and cannot be enforced, or it could be that they have got the wrong
person-right name and initial perhaps, but still the wrong person. Time will tell.
Keep us up to date with how things are going and read other threads here to
give you some idea of how some of them work and how to deal with them-
and not to be phased by them.

[surprise]

Many thanks. I was reading some of the same sort of problems last night. I am keeping a note of all phone calls. Will let you know how it goes.

[surprise]

UPDATE
This thread seems a zillion years ago. Following all the problems I have had with NCO I wrote to Lancashire Trading Standards with my complaint and file, who have today responded with a 2 page letter of waffle basically. However, they have made one or two points which I think should be posted. Following the advice to CCA NCO with £1.00 I heard nothing from them. Trading Standards say and I quote
"It is important to note that this request can only be made to a creditor. The Act defines a creditor as the person who provides the credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law.

It is my understanding that NCO has merely been employed by Creation Financial Services to collect a debt. As such, NCO will not be viewed as a creditor for the purposes of the Act and so is under no legal obligation to provide the information you requested.

I would recommend that any request for a copy of the executed credit agreement is made to Creation Financial Services. However, it is also important to note that the requirement to provide the information is only applicable during the currency of the credit agreement. In other words, one that is active and has not been terminated by the creditor. If the agreement has been terminated by the creditor, a request for a copy of the executed agreement and financial information has come too late and does not have to be met."

I initially wrote to Creation aswell but had no response. I therefore assumed that NCO had bought this alleged debt, I still say alleged as I have never had any correspondence whatsoever from them so I am not sure what it refers to.

I would raise the following points aswell
1. How do we establish whether a DCA has bought the debt or are acting for a creditor?
2.What is the point of complaining to TS when they accept what a DCA tells them?

Should also add that the reason I think TS seem to think NCO are acting on behalf of Creation is NCO craftily sent me a letter dated 19th April stating that they had written for the agreement despite the fact that I had asked for this on 28th February. on 19th April NCO knew I had put in a complaint to TS.

I am replying to TS to point this fact out so that they are under no mishaprehension as to how devious NCO are.

If anyone else has any constructive comments they would like me to raise please do so.

[noomill060]

You could also ask Creation for a copy of the Deed of Assignment. This proves that the debt has been sold.

If NCO have havent bought the debt and cant provide you with a copy of an agreement they should send the account back to the original creditor.



As well as CCAing them, and the telephone harassment letter in the library, you could also send them a S.A.R - (Subject Access Request) along with the £10, this will give them a lot of headaches, as within 40 days, they will have to provide you with evidence that proves they are harassing you!

If they dont comply fully, start a small claim against them to enforce compliance and make a complaint to the Information Commissioners Office.

I did this with NCO, they failed to comply with my S.A.R - (Subject Access Request) and on Monday I got a letter from Janet Walmsley (NCO's Head of Collection) admitting liability and enclosing a cheque for £238 for the damages I claimed plus my £36 court fee plus interest.

Trouble is, this isnt enough to cover all interest and they havent supplied me with all my S.A.R - (Subject Access Request) asked for. (Everything)

Today I recieved a letter from the court confirming that NCO have admitted liability and that if I dont get everything I asked for, I can ask for judgement next Friday.

Phoned Ms Walmsley today and gave her the good news. She sounded flustered to say the least!

I will be starting a claim for damages under Protection From Harassment Act shortly.

[Having_A_Knightmare]

If the CCA request is sent to the debt collector it is there responsibility to pass it on to the OC. It doesnot stop the clock ticking.

Trading Standards are sometime very poor and typical jobs worth. They think you owe the debt so tuff.

I am dealing with T/S at the moment and If they give me any duff info I will be reporting them to my MP.

Bottom line is they have been selected by the goverment to enforce an act of parliment (like councils enviromental health dept have to enforce the non-smoking ban), if they are incompitent in doing this they shoud be reported.

[lookinforinfo]

Lancashire Trading Standards are wrong. NCO do have an obligation to furnish the required documents under the CCA. Perhaps Rory can dig out the section where it is stipulated as I have forgotten its location.

So do not waste your time sending another request, NCO have committed an offence.

[Curlyben]

It's section 175 of CCA74 that covers this.
If they are acting as Agent then any requests/payments to them MUST be passed to the OC for action.

Originally Posted by s175

Where under this Act a person is deemed to receive a notice or payment as agent
of the creditor or owner under a regulated agreement, he shall be deemed to be under a
contractual duty to the creditor or owner to transmit the notice, or remit the payment,
to him forthwith.

[lookinforinfo]

Thanks for that Curlyben-I knew it was in there somewhere-I am just lacking
the time at the moment to plough through the Act to find what I want.

Surprise, TS are wrong on two very important points and you do need to go back to them so that they do not continue to make these kind of
statements and mislead other members of the public.

You should respond to their letter by pointing out s.175 and that NCO had a
contractual duty to transmit the CCA request.
In addition, the Act is quite specific on the subject of lenders responding to
CCA requests.

The lender need not respond to a CCA request from "an agreement under which no sum is, or will become, payable by the debtor".s.77 3[a]

The fact therefore that the original creditor may have assigned the debt is
irrelevant for the purposes of furnishing the original executed agreement, since
the criteria is that as long as the debt remains unpaid, then there is a
liability resting with the lender to supply the required documents.

Don't go in with your size 10 hobnailed boots-start off with a gentle letter
referring them to the sections in the Act that cover your points and ask for
their comments. They inhabit a more genteel world than us, so while you
may feel inclined to give them a good kicking, if you want them on your side,
then softly softly may be the better ploy.

[surprise]

I'm not sure how this thread got resurrected from May - but in the end TS wrote to me and NCO had agreed to return the file to Creation. NCO said they were acting on behalf of NCO. I've heard nothing since. I did actually write to Creaton twice before I complained to TS and they never responded.