Credit Solutions / barclaycard - Harrasment Reply

[Saint2K]

Hi All.

 

After sending CapQuest an harassment letter, I today received this reply....

 

http://files.getdropbox.com/u/337010/capquest_edited.jpg

 

I was wondering if anyone could assist me with replying to it. I have previously requested a deed of assignment from CapQuest, which I have never received. Furthermore, the original creditor has failed to supply me with a valid CCA, and only returned an application form which I received last year.

 

I have never actually followed anything else up with the original creditor as they have never contacted me since. What do you think I should do from here?

 

Thanks in advance

[mr.ton]

Its just a clever worded reply, fobbing you off

Report them to the OFT & trading standards.

[Saint2K]

I am considering submitting a formal complaint, however I was wondering whether anyone could assist me with a reply?

 

I like to have the last word!

[mr.ton]

www.howtocomplain.com

[Saint2K]

Thanks. I'll draft up a reply over the weekend.

 

Is what they're saying correct in the letter, regarding only Court being able to revoke the right of access to my address?

[Bazooka Boo]

Is what they're saying correct in the letter, regarding only Court being able to revoke the right of access to my address?

 

No utter drivel! You live at your address not the court or any presiding members, therefore, you have the legal right to revike permission to anyone who 'threatens' to collect your doorstep.

Quite simply if the clowns wish to be smart arse about it and make a feeble attempt at bullying you, just inform them that you will seek a court injunction against them and any one they employ to collect your doorstep.

 

It is a clear breach of OFT debt collection Guidelines

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,

inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

 

The list is endless, they are in breach and they know it

you must report them [email protected]

 

And to consumer direct as they will in turn give all the details of the complaint to Trading Standards

[Saint2K]

Thanks for the reply, and the information.

 

I'll draft up a reply to CapQuest, and post it up for you guys to review before I send it.

[Bazooka Boo]

HowtoComplain might be able to help as Mr.Ton said, it's worth a go, and would save you the paperwork and postage!

[Saint2K]

I think I'll stick to using a letter, so that if I do take any legal action, I can prove that it was sent and received. Thanks for the tip though!

[deathbycrayons]

Subbing..

[Saint2K]

I'm writing a response now, quick question before I continue.

 

Credit Solutions are acting as representatives or Barclaycard and they have not purchased the debt. Should I still have received a notice of assignment from the original creditor?

[ScarletPimpernel]

The letter from Credit Solutions is the usual DCA response - 'we don't think we've done anything wrong; now, how will you pay?'

 

In my view any complaint needs to be very specific, because otherwise you will invariably get this sort of vague response.

 

You would only get a notice of assignment if the debt is sold. In this case, then, it doesn't apply.

 

However, if there is an outstanding CCA request this effectively trumps everything else.

 

I would therefore suggest a reply along these lines:

 

 

Dear Sirs

 

Thank you for your letter dated (date) in response to my earlier letter. The content of your letter is noted.

 

However, on (date) I made a formal request to (original creditor) pursuant to s.78(1) of the Consumer Credit Act 1974, which request was received and signed for by them on (date). (Original creditor) failed to comply properly or at all, and the provisions of s.78(6) therefore apply.

 

You will be aware that this means that any demand for payment in these circumstances is unlawful (including that made in your latest letter). For the avoidance of any doubt, in light of the failure of (original creditor) to comply with my s.78(1) request I consider the alleged debt to be in dispute, and remind you of your obligation under the Office of Fair Trading Guidance on Debt Collection to suspend all collection activity until the dispute is resolved.

 

Harassment is not defined by the means of communication, or its frequency; any behaviour which is unacceptable to the recipient and which creates an intimidating, hostile or offensive environment may be considered harassing, and in my view your persistent unlawful demands amount to harassment.

 

Take notice that all communication in this matter must be in writing. Any 'field agent' or other caller will be asked to leave immediately; if they do not do so the police will be called.

 

I do not consider that you have taken my complaint seriously and now require you to provide me with your Final Response without delay; if this is unsatisfactory I will make a formal complaint to the appropriate regulatory and enforcement agencies.

 

I trust that my position is now clear and that you are no longer bewildered.

 

Yours etc.

 

 

The effect of this should be that they will either supply the CCA (unlikely) or pass it back to their client.

[Saint2K]

Thank you for the reply, and the template.

 

Looks good .... the CCA request I originally sent, I received a terms and conditions document back in return, which according to CAG forums, is not a valid CCA document.

 

So, I take it my standpoint should be that although the original creditor believes they have satisfied the request, they have in all reality failed to do so as the CCA agreement they provided is not valid?

[ScarletPimpernel]

Thank you for the reply, and the template.

 

Looks good .... the CCA request I originally sent, I received a terms and conditions document back in return, which according to CAG forums, is not a valid CCA document.

 

So, I take it my standpoint should be that although the original creditor believes they have satisfied the request, they have in all reality failed to do so as the CCA agreement they provided is not valid?

 

 

Yes; amend the letter to say that the OC failed to comply fully and properly.

 

Leave it to them to suggest they have complied, and then you can respond at that time. There's no point in giving them hints.

 

s.78(1) is quite clear about what must be sent to fulfil a request, and it includes a 'true copy' of the agreement, and any other document referred to therein (i.e. T&Cs), and a statement of account.

 

We can only wonder at why they didn't fulfil your original request properly - perhaps they don't have the original agreement. They may send a blank 'example' application form/agreement, which does meet their obligation under the CCA 1974, but is of no use in court (and if court is threatened we use the CPR to get documents). If they don't supply a copy of the actual agreement, the next move is to ask them to confirm that they cannot comply and demand the quid back.

[Saint2K]

What about this for a reply.....

 

---

Thank you for your letter dated 9th June 2009 in response to my earlier letter. The content of your letter is noted.

 

However, on the 4th July 2009 I made a formal request to Barclaycard pursuant to s.78(1) of the Consumer Credit Act 1974, which request was received and signed for by them on the 7th July 2008, Barclaycard failed to comply fully and properly, and the provisions of s.78(6) therefore apply.

Furthermore, I sent a duplicate request to Credit Solutions on the 14th of February 2009 pursuant to s.78(1) of the Consumer Credit Act 1974, and this request also remains to be satisfied.

 

You will be aware that this means that any demand for payment in these circumstances is unlawful (including that made in your latest letter). For the avoidance of any doubt, in light of the failure of Barclaycard to comply with my s.78(1) request I consider the alleged debt to be in dispute, and remind you of your obligation under the Office of Fair Trading Guidance on Debt Collection to suspend all collection activity until the dispute is resolved.

 

Furthermore, harassment is not defined by the means of communication, or its frequency; any behavior which is unacceptable to the recipient and which creates an intimidating, hostile or offensive environment may be considered harassing, and in my view your persistent unlawful demands amount to harassment.

 

 

Take notice that all communication in this matter must be in writing. Any 'field agent' or other caller will be asked to leave immediately; if they do not do so the police will be called.

 

Moreover, under the OFT debt collection Guidelines, section 2 (Unfair Business Practices) it is clear that your threat of doorstep collection contravenes the following “ ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day” .

 

I do not consider that you have taken my complaint seriously and now require you to provide me with your Final Response without delay; if this is unsatisfactory I will make a formal complaint to the appropriate regulatory and enforcement agencies.

 

I trust that my position is now clear and that you are no longer bewildered.

---

[ScarletPimpernel]

Seems fine to me. I would only change the second para to read "Despite this failure to comply, I sent a further request to Credit Solutions..."

 

You have them by the gonads, since they cannot claim to be unaware that a CCA request is in default. As a rule only one is needed, but in this case the sending of a further one has helped them to dig themselves a hole.

[Saint2K]

Excellent, amendments made. Greatly appreciate your help Mr Pimpernel

 

Will keep the thread updated .... just realised I put the wrong DCA in the title, hey ho!

[ScarletPimpernel]

.... just realised I put the wrong DCA in the title

 

 

I've changed it to the correct DCA.

[Saint2K]

Oh, great, thank you for your help!

[ScarletPimpernel]

One last thing - don't sign the letter, and send it recorded delivery.

[Saint2K]

Will do, cheers.

[kurvaface]

Also point out to them that you are bringing trading standards into the loop as their response to your complaint seems to be a threat of "We don't agree with your view but we might send a thug to discuss it further with you".

 

This company is being looked at by trading standards and the more complaints about them the better. To complain to trading standards just ring:

Trading Standards - Consumer Advice

They may ask for copies of any paperwork which you can send by email. Do complain!

 

When Credit Solutions know Trading Standards are involved they become awfully polite and reasonable ( all of a sudden )

[Saint2K]

Update: Received a letter from Credit Solutions this morning stating they are passing the account back to the original creditor

 

So, as the original creditor failed to respond fully to my original CCA request last year, is it now worth following that up with one of the template fail to respond letters off CAG?

 

I know this should have been done closer to the time, but now this has been passed back to Barclaycard, should I now send it?

[Bazooka Boo]

I would wait and see if BC will send you any correspondence fisrt, then take it from there.

Are you saying that you CCA'd BarclayCard, they didn't produce a valid CCA but sold the debt on to a DCA anyway?

Very naughty if they did, I do hope you reported them and made a formal complaint to Barclays:confused:

[Saint2K]

Not exactly, sent a CCA request to Barclaycard in July last year, they then sent through a terms and conditions document, which is obviously not a valid CCA.

 

They then continued to pursue me for the debt, and in January 2009 passed it to Credit Solutions for collection. (Barclaycard still own the debt).

 

The remaining balance is 100% charges anyway, so I was thinking of writing to them, highlighting their failure to provide me with a CCA, and ask them to close the account with a zero balance