Credit Security Ltd & Debt Managers HELP

[moon biscuit]

Hi all, hope everybody is having a good new year....so far....

 

I would be grateful if anybody could help me please.

 

I had a debt with Clydesdale bank which got put to debt managers who gave it to Credit security Ltd to collect. After reading these forums to get contact details etc....( i would like to thank all who answered my last query...very helpful )

I sent a recorded letter to the latter using the template from a previous thread with my £1 postal order asking for the relevant documents to be sent to me. The letter was signed for on the 3rd of December. I had not heard anything from them , and decided to phone them myself today 03-01-08 to find out why. They had processed the £1 postal order but not updated their records with my contact details or about the information i requested. They then said i had to get them myself from Clydesdale. I stated that i had already tried to do this in the past and Clydesdale had no information on the debt at all and that all paperwork would have been sent over to the collection agency. I went through the letter i sent about the sections in the consumer credit act and then they told me they would suspend the account and pass it back to debt managers. They then gave me a contact number.

I contacted debt managers and spoke to a lady who said that they did not have the necessary documents and that she would get the information from clydesdale and send them on to me.

Credit Security even put the £1 against the debt....which specifically stated in the letter not to do.

The lady at debt managers said she would remove the £1 from the debt.

 

WHERE DO I STAND WITH THIS ???

 

Has anybody dealt with debt managers directly before....

If they come back with all the paperwork...how do i get a final settlement figure....and what do i offer....

All help would be very much appreciated...

[spamheed]

They are talking rubbish.

 

They are trying to claim money from you, they are trying to enforce the debt, so they are responsible for the production of the CCA, whether directly, or via forwarding on your request to the original Creditor. either way, it isn't your problem and they can't collect any money until they provide the CCA

 

The process is as follows:

You make your legal request for a copy of the executed agreement (CCA)

They send it to you and continue enforcement proceedings, you pay the debt

They fail to provide it and b*gger off into obscurity, you keep a little more of your hard earned dosh, or use the fact they can't enforce the debt to negotiate a full and final settlement.

 

Don't communicate with these people via the telephone, THEY TELL LIES and will say anything as they think that they cant be held accountable. make sure any communications are in writing only.

 

Don't remind them of their responsibilities, they're getting paid to do this, you aren't. Don't do their job for them. if they have defaulted, then you can legally withold payment until they produce the document

 

The clock is ticking

[Curlyben]

My previous post here covers most things and spamheed has added to it: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/124960-credit-security-ltd-help.html

[carteroo]

hi all,i wrote to credit security asking for a cca twice now,and both times have been totally ignored,today i receive a letter saying...unless they receive payment by noon 9th july a claim will be prepared for issue in the aylesbury county court for the debt....so is there anither letter i can send to these people,as my cca requests have been ignored???

[dcakiller]

There is a follow up letter in the templates section you can send them if you wish,but I would just ignore them and report them to oft & trading standards. Incidently default of a cca is a complete deffence if they did try to go to court

[carteroo]

any idea where the template letter is? id rather send it than ignore them

[dcakiller]

here it is edit as needed

 

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

 

 

I would still complaim to the oft & trading standads and let them know you are doing this

[carteroo]

thanks very much for your help