E O S Solutions

[pennypenny]

Hi

I sent a CCA off to EOS Solutions on 15th march which wasn't signed for but they returned my £1.00 cheque and CCA LETTER on the 20th march with a compliments slip which said "Please note that we are unable to provide a copy of agreement, therefore we have ceased action on this account.

Great I thought, until today when I recieve in the post a letter from Golds Solicitors who have exactly the same address as EOS which says:

We have now been instructed by EOS solutions Plc, to recover the above outstanding debt from you. We are now preparing a county court claim for issue in the Northampton County Court. Once this action has been instructed you will become liable for both the outstanding debt and legal expenses.

They then say I can prevent this course of action by paying the full balance within seven days .

They have already said they do not have the agreement so can they still do this?

Any advice on what to do next would be greatly appreciated.

Thanks...

[pennypenny]

I've just had a phone call off 0870 9031750 which is the same as the phone number on the letter off Golds Solicitors. I've got caller display so I didn't answer it.

[rory32]

Send them something like this but adapt it to your circumstances

Dear Sir/Madam,

Ref No: xxxx
Account number: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original credit agreement
2. Statement of account
3. Copy of the executed deed of assignment from whoever your debt was originally with and the DCA.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

Yours faithfully



{Name}

Also I would include in it that you have previously corresponded with EOS Solutions and include a photocopy of their reply to you if you've still got it. So they are in breach of the Act already (12 working days from receipt of your CCA request) and will soon commit a criminal offense (after the 12 working days are over another 30 calender days).
I would also suggest that you point out that if the the original copy of the credit agreement has not been kept (i.e. disposed of) this is in breach of anti money laundering regulations and you will report them for this (they are supposed to keep any such agreements for 6 years after the account has been closed).
This is a very serious offence and is punishable by imprisonment. It is also against the FSA guidelines. The FSA are obliged to pursue any breach of their guidelines.
Hope this helps......oh yes send it recorded or even better special delivery (next day delivery before 12pm) and if after this they phone you record the details of when they phoned you and report them to the police. There are quite a few posts on here dealing with harassment and how to stand up to these people I would spend an hour having a look at other peoples threads in the debt collectors forum.

[rory32]

Penny have a look at this thread re harassment. The letter on the 2nd page 4th post down should help you.
http://www.consumeractiongroup.co.uk...st-credit.html

[pennypenny]

Thanks rory I will send them a letter straight away, just wasn't too sure what to put so you've been a big help and I will definately send it special delivery cos they never signed for my last letter when I sent it recorded and I know they recieved it. Do I need to resend the £1.00 fee and start the 12 days again or tell them they have already defaulted on my cca request?

Thanks again for your help.

[rory32]

No the 12 days starts when they originally received the CCA request whether they signed for it or not. They received it by implication as they wrote back to you saying they couldn't produce the agreement. Don't send them another £1 of as they already received payment. Also point out to them that you will not make any payment on the account while the account is in dispute (if you pay them your acknowledging the debt).

[pennypenny]

OK thanks again so I'll tell them I am still waiting for the agreement from my original request

[diskmandave]

Originally Posted by pennypenny

Hi

I sent a CCA off to EOS Solutions on 15th march which wasn't signed for but they returned my £1.00 cheque and CCA LETTER on the 20th march with a compliments slip which said "Please note that we are unable to provide a copy of agreement, therefore we have ceased action on this account.

Great I thought, until today when I recieve in the post a letter from Golds Solicitors who have exactly the same address as EOS which says:

We have now been instructed by EOS solutions Plc, to recover the above outstanding debt from you. We are now preparing a county court claim for issue in the Northampton County Court. Once this action has been instructed you will become liable for both the outstanding debt and legal expenses.

They then say I can prevent this course of action by paying the full balance within seven days .

They have already said they do not have the agreement so can they still do this?

Any advice on what to do next would be greatly appreciated.

Thanks...

Just copy the letter from EOS saying they don't have an agreement and remind them that as solicitors that they should know very well that they can't obtain a judgement without the agreement. Throw in the words "vexatious litigant" somewhere too.

You could of course CCA them and attach a copy of the "no agreement" letter to the CCA request and that they should return your payment if once again they're unable to provide a copy of the agreement.

Good luck, Dave.

[pennypenny]

Thanks Dave and Rory for your replies I'll get a letter sent tomorrow morning. Do you think that the court action threat is just a scare tactic then cos it seems strange to cease action one minute then threaten court action the next .

[rory32]

Very good point Dave.
Penny I think this paper explains what Dave is getting at quite well by his vexatious litigant quote.
http://www.tsol.gov.uk/Publications/...nts_policy.pdf

[diskmandave]

Don't forget, if you can get 2 or 3 "no agreement" letters that you can then start using them rather than CCA'ing each time a new monkey comes along, they'll get the message eventually!

Regards, Dave.

[rory32]

Yes court action is just a threat - if I had a penny for every time a DCA's solicitor had threatened to take me to court I could probably pay off all my credit cards. Funnily enough they've never taken me to court it's always been the other way round.

[gizmo111]

Try this - amend to suit

Dear Sir/Madam

Ref;

I enclose a copy of the letter that I sent to your client on 21st August 2006. As you will be aware this debt is in dispute and unproven, your client is in default on this matter and until they reply with copies of the requested documentation, this debt is unenforceable.

I refer to your clients letter letter dated 20th Sept 2006 with regards to the above debt whereby Premier Man acknowledge that as they are unable to provide requested documentation under the CCA 1974. I also enclos a copy of this letter for ease of reference .

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance

I therefore suggest that you liase with your clients before you send me any further demands for money.


Yours faithfully

[diskmandave]

Brava

[rory32]

Penny,
When you've got time you may want to have a look at this http://www.oft.gov.uk/shared_oft/rep...dit/oft298.pdf
It outlines the Director Generals views on certain debt collection practices. These views also apply where they have instructed someone to act on their behalf i.e. a solicitor.