Fenton Cooper re (Lloyds)

[JGJ]

Advice wanted Please. A few months ago LLOYDS settled out of court re their horrendous charges which had been placed onto my BUSINESS Acc. I have now been contacted by two D.C.As. ROCKWELL and today FENTON COOPER. Both are claiming LLOYDS have instructed them to collect on an alleged debt after the settlement ,as it did not fully pay off the balance owing. Both D.C.As are claiming the exact amount in their letters. My question is who do I send the S.A.R. and C.C.A letters to D.C.As or Lloyds??. I think Lloyds after closing my Bus Acc. sold off or whatever they do with alleged debts to the sharks to pick up the scraps. Any advice will be taken gratefully. "EXEMPLO DUCEMUS"

[make them aktiv runners]

Rockwell & Fenton Cooper are both trading names of the Tessera Group. See this thread:

http://www.consumeractiongroup.co.uk/forum/general-debt/62114-tessera.html

[tomterm8]

Just to be awkward, I wouldn't CCA either yet, i would raise a complaint with trading standards for breach of OFT guidelines, and send them BOTH the following letter:

 

DCA Address

 

Date

 

Your Address

 

YOUR REF: XXXX

 

Dear Sir / madam,

 

RE: Formal complaint

I note that you claim you are collecting the sum of £XXX on behalf of CREDITOR. Please note that:

a. CREDITOR has never instructed me that you are acting on their behalf, or sent me the "goodbye" letter required by the OFT Debt Collection Guidelines

b. OTHER DCA has claimed they are acting on behalf of CREDITOR.

I am also aware that OTHER DCA is alleged to be part of the same group as your company. I have raised this issue with trading standards. Please note, that using several debt collection agencies to collect the same debt at the same time is a breach of the OFT Debt Collection guidelines.

Furtherm misleading customers about the status (such as ownership) of a debt is also a breach of the OFT Debt Collection guidelines.

Please provide some evidence that you are acting on behalf of CREDITOR in this matter. Also, please confirm on what basis you are claiming this alleged debt. Finally, please regard my complaints as to lack of communication a formal complaint under your complaints procedure, and provide a copy of that complaints procedure.

Yours sincerly,

 

XXX. (type, don't sign)

[JGJ]

Tomterm8, Letter sent by reg. post next day, reply received within 5 days.

We refer to your letter etc. the contents of which have been noted. We would respond to your points as follows.

Point A

The reason you have not received a goodbye letter is because the debt has not been sold. We are acting on a commission basis to recover an amount outstanding to our clients which they state is due and owing to them. As the debt has not been sold by our clients there is no requirement to send a goodbye letter.

Point B

Rockwell Debt Collection Agency were previously instructed to act on our clients behalf, however, as repayment has not been forthcoming they have now closed their files and the account has now been passed to Fenton Cooper. Therefore, there has been no breach of the OFT guidlines as only one recovery agent has been instructed at any one time.

We now look forward to receiving your firm and realistic repayment proposals within a final period of 10 days from the date of this letter if further action is to be avoided. We must advise that in the event that we do not receive your proposals, together with an initial payment on account, we shall be left with little option but to return to our clients to take further instructions from them in respect of this matter. We trust however that further action will not become necessary and look forward to receiving your co-operation.

 

Yours sincerely

 

xxxxxxx xxxx

manager

litigation @ investigation department

FENTON COOPER

 

 

Trading Standards were contacted and a formal complaint was lodged with them for further investigation. Re my posting 1 above

[JGJ]

Any advice re my next correspondance #4 should I or should I not S.A.R or C.C.A them???

[tomterm8]

I would wait and see what they produce. Have you sent them a credit agreement request yet?

[ScarletPimpernel]

[Therefore, there has been no breach of the OFT guidlines as only one recovery agent has been instructed at any one time.[/i]

 

On the contrary; the original creditor is supposed to inform the debtor if the debt is passed to a 'new' DCA, so their statement is incorrect as to fact, and thus a breach of OFT guidelines in itself (using deceitful or misleading statements)...

[diskmandave]

Here are the Debt Collection Guidelines from the OFT that everyone is talking about..

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Regards, Dave.

[JGJ]

tomterm8. My position to date is as post#4 above.I have not requested a credit agreement as yet, should I or should I wait until their next move??

[tomterm8]

tomterm8. My position to date is as post#4 above.I have not requested a credit agreement as yet, should I or should I wait until their next move??

 

personally, I would send them a CCA request, with the £1 postal order, special delivery - don't sign it & etc.

 

as people have mentioned, this response is against the guidelines, and you could complain now, but i would hang off a little, and see what the CCA request produces.

[jellymold72]

CCA them as a first step as there seems to be some confusion here as to who is collecting the debt.

Rockwell, Fenton Cooper or AKTIV KAPITAL (UK) LTD

[JGJ]

Jellymold72, Sorry to mislead you but my post 11 is separate from post 4. :o

[jellymold72]

k

[JGJ]

(Re post #4 Advise please) Letter received today from FENTON COOPER. Dear sir RE:- Outstanding Amount to Lloyds/TSB BANK Plc of £,***,** Thank you for your response to our recent letter. We note your comments and have sought further information from our client. We will contact you again shortly.If you have any queries with your outstanding balance please contact our referral team on 01702 444457 Yours faithfully FENTON COOPER. (This letter received today 8th Dec. in response to my letter for a C.C.A.) Letter sent by recorded signed for Del. on 3rd Dec.

[popeye1]

in same position. will CCA f/cooper Good luck with yours,i will be following your thread

[JGJ]

AS yet nothing heard and nothing received.