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paganpete101

We do not have the facility to obtain your credit agreement . .

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Hi all,

 

Cutting a long story short - I received a letter 8 days ago from CCSCollect saying I owed CABOT FINANCIAL £2725.86 !!

 

I have no idea about this at all so I popped on here and used a CCA request (thanks for that)!

 

Got a reply back from CCS COLLECT this morning and it states;

 

Dear MR **********

 

with further reference to the above account, having received your recent letter.

 

We do not have the facility to obtain your credit agreement. Please contact Experian (and then goes on to give their address etc) They also returned my £1.00 postal order.

 

what on earth does that mean?

 

Thanks!

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It means they are trying to evade their duty in this matter ie, obtain and forward the ducuments to you or pass the request on to the original lender.

 

Did you send recorded or special delivery?

 

If so wait 12 working days + 2 working days for postage and send them the account in dispute letter.

 

David

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I'd say ignore it for now and wait and see if they continue. If they do, they need to prove the debt. If they harass you then warn, then sue.

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I would write back and say

 

Dear Idiots

 

in response to your letter dated xxxx I see no reason why in light of your response you are contacting me over an alledged debt that I know nothing about, and that until such time as you can provide proof of any debt to you or to any firm you may represent I hereby revoke the right for you or any firm you represent to process my personal data, and if I find that you or any firm you represent have conducted a search, or added any information to my credit file, I will seek legal advice to obtain redress.

 

Also note that returning the CCA request does not in any way shape or form remove from you the responsibility to action the request within the required time limits.

 

I await your response.


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Make a complaint to your local Trading Standards & the OFT including a copy of their letter. It is CCS Collects responsibility under CCA 1974;

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

2u7t9g1.gif

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_creditDebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf


Anthrax alert at debt collectors caused by box of doughnuts

 

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Sent it recorded delivery 'Cash' - I will use that reply thanks 'PGH' - so this essentially means they cannot do anything? OFT - sounds good!

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Righto - printed letter off (substituted 'idiots' though PGH) - sending recorded delivery Monday!

 

See what they come back with now - I don't think there is anything they can do?

Edited by paganpete101
typo

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Hi there.

 

You must give trading standards a ring.

 

08454 040506

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In much the same way as you report a robber to the police if you saw him in action you should (must) report this DCA's behaviour to trading standards.

 

They will give you a ref number which you can update as you go along and they will intervene if necessary or if there are enough complaints about this company.

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Ah, thanks Kurva - will call them Monday too!

 

So essentially there is buggerall these CCS Collect can do about this (especially as I do not know anything about this debt - all I got was a ref number)!

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Correct.

 

Missus had a chat with Debt advice helpline or somesuch today as hers is going squiffy too, and they told her that DCA's have no rights to do bugger all basically.

 

They can badger you until you complain about harassment then they have no choice but to send it back to the original agreement holder, whoever they may be.

 

Apart form that, there isn't much else they can do apparently.


Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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Thanks Regulus - puts my mind at ease!

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Righto - printed letter off (substituted 'idiots' though PGH)(shame) :(- sending recorded delivery Monday!

 

See what they come back with now - I don't think there is anything they can do?

 

:D:D


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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