CSL Advice needed

[ianrunci]

While I was out Credit Solutions Limited poned my wife 23/01/2008 concerning a debt I have to Vodaphone. They bullied her into offering a down payment of £40 and she gave them her debit card number with a promise from them they wouldn't draw on it until the following monday 28/01/2008. I have just posted them a letter offering a payment schedule so I am obviously annoyed about this. I doubt whether there is any way I could stop them taking this payment but if there is I would be gratefull if anyone could give me advice about this matter.

 

The told her if she didn't pay then the Baliffs will be sent round. Pointless me now trying to explain to her that they haven't taken the case to court yet so thats impossible.

 

Any advice on how I should proceed from here? and is there any way I can stop them taking the payment??

 

Ian

[rory32]

If you "lose" the card and report it as lost the bank should cancel it straight away and send you out a new one - so CSL shouldn't be able to take payment on the 28th.

[rory32]

While I was out Credit Solutions Limited poned my wife 23/01/2008 concerning a debt I have to Vodaphone.

Is any part of this debt in your wifes name? If not they are breaking the Data Protection Act by discussing it with her and you should complain.

[ianrunci]

Is any part of this debt in your wifes name? If not they are breaking the Data Protection Act by discussing it with her and you should complain.

 

Actually it is her debt. Although it is in her Maiden name as we got married in October and the debt was before that. So there is no breach of the act.

[sharondogf]

No bailiff can come round until you have been taken to court for a CCJ and you have defaulted on the payments. Only then a baillif can come round by order of the Court. If that was to happen you do not need to answer the door, keep all windows closed and doors locked, they cannot break in. If a bailiff uses the tactic of being nice and asking to come in and you let them in then they have been invited. This would mean that any agreement you make with them or sign a Walking Possession, the next time they arrive if you defaulted in any payment then they would have the right of entry. Hope this makes sense. Have a look on the threads for Bailliffs, you will find the answers.

 

These DCA muppets must think we're thick!!!

 

Sharon

[ianrunci]

I have typed up the following letter: any advice would be appreciated on any changes I should make to it.

 

Name and address details

24 January 2008

Ref Number

Dear Sir/Madam

I am writing in reference to the debt you have been employed to collect from me on behalf of your clients (name of client).

I am unfortunately in receipt of benefits.

I have enclosed this letter and included a letter from the benefits agency as proof of my income.

I would also like to point out to you the following facts.

When you sent me an appointment card through Power 2 Contact I believe you may have been in breach of the Data Protection Act 1998. I have requested clarification of this from the Information Commissioner’s Office

You also failed to adhere to your own guidelines as laid out on your own website

Section 3.

j) Not falsely imply by written or verbal means that criminal proceedings will be brought nor that civil action has been instituted in default of payment nor should members falsely state or imply that a judgment or document of debt (Scotland) has been obtained against the debtor.

Your representative who took my debit card details on the phone stated that the post card was from Court appointed Bailiffs and that if I didn’t pay £40 immediately they would be calling to my home to recover the debt. As this debt has not been to court and the Post card was from a private company in the employ of/or a subsidiary of your own company this is obviously a false and misleading statement. I am reporting this to the Office of Fair Trading

Before I would be prepared to consider a payment schedule with you for the debt I would need full details of the debt, and any costs you have added in the form of administration charges. Until I receive this I cannot make any payment on the debt.

Secondly I would like all correspondence with regard to this debt to be made in writing. Phone calls and personal calls will not be accepted. Any future calls by phone will be recorded and will be used as evidence of harassment as will calls to my home by your representatives.

Yours faithfully

 

Name (printed only)

[rory32]

You also failed to adhere to your own guidelines as laid out on your own website

Section 3.

 

These are more importantly also the OFT's guidelines on debt collection and by not adhering to them they are in breach of The Administration of Justice Act section 40 Debt Help UK - Administration of Justice Act 1970 | UK debt consolidation service with free help and advice