downsouth v Egg + Credit Solutions Ltd

[downsouth]

Calling all you DCA experts;)

 

This is in connection with my defaulted Egg loan which I now know is partly made up of unlawful charges. I've been paying it off through CSL - the payments went to Credit Solutions Ltd and not Egg.

 

Now CSL are now in CCA default after 12 working days.

 

In the meantime, my DPA request to Egg has revealed that it certainly looks like Egg still own the debt. It appears therefore that CSL are acting as agents for Egg instead of having purchased the debt. Of course, neither Egg nor CSL send me statements any more, even though the DPA data included copies of statements bearing 'Payment received through DPA'.

 

Notwithstanding the fact that CSL have so far failed to provide the CCA information, am I within my rights to demand that any further communication is only with Egg(the owner of the debt), as CSL are right royal pains, phoning me at work, etc etc.

[thunderpuss2k]

If you are 100% certain that Egg still own the debt, the CCA request needs to go to them. I appreciate that you've only found this out via a Data Protection Act request to Egg, but throwing CCA requests at DCAs who don't own the debt isn't going to achieve much.

 

So therefore, I suggest the following.

 

1. Send a CCA request to Egg (I'm sure you know how to do that, but PM me if you need the template).

 

2. Write the following to CSL:

 

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit).

 

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.

 

Yours, etc

 

Of course being a DCA they'll probably ignore that letter, or use it for toilet paper - but it's a start. If you need to take further action then at least you can reference back to that letter.

 

Hope that helps

[downsouth]

Hmm further action might be necessary. It's over 31 days and they (CSL) have provided me with no proof that I owe them any money. Or indeed any correspondence.

They've phoned me at work 4 times now today so far. The first 2 times I just said 'nothing to say, as requested please communicate only in writing'. Just putting them on hold now for a bit of a game to see how long they'll sit there for. 2 and a half minutes so far before they give up and hang up - wonder if they'll hold on longer than that when they try again in half an hour:confused:

[thunderpuss2k]

Hmm further action might be necessary. It's over 31 days and they (CSL) have provided me with no proof that I owe them any money. Or indeed any correspondence.

They've phoned me at work 4 times now today so far. The first 2 times I just said 'nothing to say, as requested please communicate only in writing'. Just putting them on hold now for a bit of a game to see how long they'll sit there for. 2 and a half minutes so far before they give up and hang up - wonder if they'll hold on longer than that when they try again in half an hour:confused:

 

Did you follow my suggestions and write the right letters to the right people? If so, CSL should be leaving you alone and Egg should have provided you with the relevent paperwork.

[downsouth]

No. I didn't see the need to. Egg had already supplied me with all the paperwork requested of them and it is them that I owe the money (which is partly made up of charges) to.

 

CSL received my CCA request (which contained my instruction to only communicate in writing) and I have the POD.

 

I am inclined not to deal with CSL anymore or make any more payments to them.

[thunderpuss2k]

No. I didn't see the need to. Egg had already supplied me with all the paperwork requested of them and it is them that I owe the money (which is partly made up of charges) to.

 

CSL received my CCA request (which contained my instruction to only communicate in writing) and I have the POD.

 

I am inclined not to deal with CSL anymore or make any more payments to them.

 

Did Egg supply you with the documents you were after under the Consumer Credit Act? If so, why did you write to CSL asking for them? If not, you should have written the CCA request to Egg. If CSL aren't the legal owner of the debt then they'll just throw your letter in the bin. They have no statutory obligation to supply you with anything, they're just acting on Egg's behalf.

[downsouth]

OK re-reading my OP I'll make it clear. CSL have been hounding me, and I have been paying them up to now when I have discovered the debt contains unlawful charges. The first thing I wanted to do was establish whether CSL owned the debt so off went the CCA request to them which they have ignored.

(I did this whilst awaiting for my DSAR from Egg)

 

You say that they are only acting on Egg's behalf. I have had no confirmation either from CSL or from Egg that this is the case.

 

So they can s0d off. I'll deal with the organ grinder thanks. After they have refunded me the unlawful charges.

[thunderpuss2k]

But you said that Egg still own the debt?

 

What did the results of your DPA SAR from Egg reveal - was there any of the information you'd requested from CSL under s77/s78 of the Consumer Credit act in there?

 

If you told CSL not to phone you, and they still are, then I'd write one more letter to them insisting they stop, otherwise you'll be forced to take further action.

[downsouth]

Yes, the DSAR information supplied by Egg happended to contain the main CCA item ie a copy of the original signed loan agreement together with statements up to date which include recent entries saying something like 'payment received through DCA', although there is nothing there about selling the debt to CSL or engaging them as a recovery agent. Hence I can only assume that Egg still own the debt.

 

If CSL keep calling me I'll have to send a letter quoting the Wireless & Telegraphy Act.

[thunderpuss2k]

Yes, the DSAR information supplied by Egg happended to contain the main CCA item ie a copy of the original signed loan agreement together with statements up to date which include recent entries saying something like 'payment received through DCA', although there is nothing there about selling the debt to CSL or engaging them as a recovery agent. Hence I can only assume that Egg still own the debt.

 

If CSL keep calling me I'll have to send a letter quoting the Wireless & Telegraphy Act.

 

OK cool, makes more sense now. There's a thread somewhere around here about reporting harrassment, might be worth having a read of that if you haven't already.