Credit Solutions/power To Connect

[scared001]

and so it continues...

 

i wrote to capital one with my financial statement attached, i havent heard anything back but did today receive the following letter from credit solutions:

 

FINAL WARNING

 

disappointed that i have not made reasonable requests to clear debt. the manner in which i have conducted the account is unacceptable and cannot continue.

 

client not prepared for sum to remain oustanding any longer....court proceedings may be commenced.....legal action costs would have to be paid by me......

 

has anyone else received a letter like this and if so what action did you take?

 

funny how they dont mention that i have been making token payments tho!!!

 

surely they are not allowed to do this or threaten in such a manner?

 

all help very much appreciated once again!!

[kurvaface]

Do you have a trading standards ref number?

[scared001]

i dont no. did try to call them but they were closed as got home late from work. whats the best thing to do now?

 

theyve also said not to contact them in writing but i have 7 days to call them!!

[scared001]

sorry, thats i dont have a trading ref and i tried to call the trading standard people but couldnt get thru.

[kurvaface]

Simple rule of thumb:

:)If they don't want to put things in writing it's because they don't have a leg to stand on:).

 

Write to them saying no phone calls or doorstep visits - will only communicate in writing... there are plenty of templates knocking about the forum.

 

Do phone trading standards first thing in the morning.

08454 040506

They will be very helpful and when CSL know they are involved they will back off or start following the rules.

 

Do not allow this company to push you around!

[Fred Bassett]

Hi Scared,

 

Have you sent them a CCA request? This is a request under the Consumer Credit Act for a copy of your credit agreement. It often throws up some interesting stuff and it only costs £1 so it's worth doing.

 

Regards.

 

Fred

[scared001]

i will defly call trading standards tomorrow!! im so angry with these pushy aggressive people ie credit solutions. re the cca i sent one to capital one but should i also be sending one to cs?

[Fred Bassett]

i will defly call trading standards tomorrow!! im so angry with these pushy aggressive people ie credit solutions. re the cca i sent one to capital one but should i also be sending one to cs?

 

If you've alrady sent one to Cap1 you shouldn't need to. If they 40 days have passed you are within your rights to withhold payment.

 

Regards.

 

Fred

[scared001]

more questions:

 

should i write to credit solutions now telling them i am only dealing directly with capital one?

how can capital one firstly appoint power to connect and now all of a sudden i have credit solutions back on my case again? theyve given me 7 days to respond???

[IdaInFife]

send this to cs:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

 

along with:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

Ida x

[kurvaface]

7 days to respond - or what? Go on tell us.... lets have a laugh!

[scared001]

original creditor/DCA DOES THIS MEAN CS OR CAPITAL ONE? SORRY IF IM SOUNDING THICK!! ITS LATE AND AM STRESSED/ANXIOUS.

[IdaInFife]

write cap one as this is who you sent the cca too

 

ida x

[scared001]

thank you, wish me luck!! will be calling TS tomorrow too......this is making me very very stressed indeed.....need an early night!!!

[scared001]

was just reading the above and how you said about sending it to CS? the original CCA went to capital one and yes now will be writing to capital one but my main headache at the mo is what to write/say to the idiots at CS?????

[IdaInFife]

what i posted up in post 10 send to Credit solutions

 

where it says on it original creditor/dca delete that and write captial one,

 

Credit solution sshould then send the account back to cap one

 

ida x

[scared001]

thanks for clarifying! will let you know how it all goes.....xxx

[kurvaface]

Did you phone trading standards yet?

[the_shadow]

Scared, you need to post up the CCA for everyone to see and give an opinion.

 

As to what happens next.....CS will start chasing you for payment and sending letters.. I'm sure the letter they sent with the CCA says 7 days to receive your repayment proposals or something similar?

 

 

S.

[mr.ton]

CS have no legal powers over you whatsoever.

Tell them to get lost & report them to the OFT/TS.

[the_shadow]

CS have no legal powers over you whatsoever.

Tell them to get lost & report them to the OFT/TS.

 

If the CCA is the same as the rest of crapital Ones then so long as you dont need a clean credit file the above is probably the way to go

 

S.

[mr.ton]

Even if you do need a clean credit file...still tell them to bog off, they simply wont do anything as i know all too well personally

[scared001]

ive started a new thread as got told off earlier!! sorry, i hadnt realised but yeah will scan the cca in tomorrow once i get to work so that you guys can take a look for me and let me know what you think.

 

thanks again everyone. i will defly be rec this site to all my friends who are also experiencing probs with debt collectors etc......