eos and freemans - help!

[DEBTFREEFUTURE]

Hi

 

i have been struggling to meet the minimum payments on my freemans account for a few months now, making payments as and when i can. They have now passed the debt onto eos solutions who have been hounding me, phoning me constantly. I have explained to them that i am self-employed and that my income is very inconsistent at present and therefore cannot agree a payment plan as such but that i would continue to make whatever payments i can afford. I also asked that they stop phoning me and put any correspondence in writing. The guy on the phone said that they could not stop phoning until a resolution was reached - i explained that this was harrassment and was in fact illegal which he igonored. He was extremely nasty and rude - when i asked if Freemans had also proviede them with a properly executed agreement he said that yes they did but nothing would chnge the fact that the money was owed.

 

This account was opened about 10 years ago and i am pretty sure that there will be no agreement (i have ordered some goods online over the past couple of years - not sure whether or not this will affect the situation) so i will be requesting one in writing today.

 

I am expecting a small lump soon shortly and would like to resolve this with a F&F offer. I know that my credit rating will be affected but i'd like to continue making payments so as to avoid a default on my file. The balance outstanding is approximately £3000. I have also noticed that over the last couple of years Freemans has divided my accounts into 3 seperate accounts - not sure why?

 

Any advice on how to handle this situation and in particular these nasty pieces of work would be much appreciated.

 

Thank you in advance.

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[DEBTFREEFUTURE]

Thank you kindly for your quick response, will send the letter tomorrow and see where we go from there.

[diamondgirl]

Hi Debtfreefuture

 

Dont forget you can also send the telephone harrassment letter:

 

Harassment by telephone

 

Account Number: XXXXXXX

 

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 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. (Even if you don‘t yet have recording equipment!)

 

Yours faithfully

 

Amend to suit. Also I would advise don't use your normal signature just use initials or a different signature or even type it. I am not saying that any company would but they could use it - copy and paste, scan etc., onto an application form.

 

Also keep a log of the times/dates etc., when they phone you a record may come in handy at a later date.

 

DG:)

[DEBTFREEFUTURE]

Thanks DG, all advice very welcome and much appreciated - these guys can be very intimidating! I will send this with cca request.

[diamondgirl]

Just thought you really should not speak to them on the phone, the reason they keep phoning is in the hope that you will give in and pay them more than you can afford, there are people who are so terrified of them they would sell anything they could just to pay them.

Dont answer any of their security questions either.

Just tell them everything in writing and put the phone down.

DG:)

[DEBTFREEFUTURE]

Thanks DG, will do. It's hard to believe there are people out there harrassing and terrifying people for a living and getting away with it!

[orange6]

Hi Debtfreefuture

 

Just wondering if you have any update on this. I am in exactly the same situation altho fortunatley EOS dont have my phone number.

I requested a signed credit agreement and got a rather abrupt letter back saying something along the lines of i am "not entitled to rely on that section of the act (77/78) as it appears in part VI of the act and only applies to current ahreements however mine has been terminated"

They have admitted they cant supply me with a copy but have sent me a

"standard form agreement" which contains identical T&C's?

 

Would be interested to know how much further you have got with this?

[GhostDebt]

EOS Couldn't find the alleged agreement for mine and closed the account.

Not heard anything since, so assume its all done and dusted..

[DEBTFREEFUTURE]

Hi Orange6 and Ghost debt

 

i haven't heard anything back yet - they have told me over the phone that they have a signed agreement but it think they're bluffing. I'll be writing the 'account in dispute' letter this week if i don't recieve an agreement.

 

Thanks for letting me know how you're getting on - i'll keep you all updated.

 

best wishes

[cerberusalert]

they have told me over the phone that they have a signed agreement

They'd tell you Lord Lucan was riding Shergar in the Grand National if they thought it would convince you to pay.

[DEBTFREEFUTURE]

Yeah i know and thanks to this forum and people like yourself i'm well prepared for them! I'm a woman on a mission!!!!

[gezwee]

Freeman Grattan Holdings apparently 'lost' bulk of client data during the latter part of 2006. Wouldnt hold your breath waiting for an agreement to show up

[DEBTFREEFUTURE]

Hi All

 

it'snow well past tye 12+2 days and i haven't heard anything from EOS. Does anyone have a template letter for the next stage.

 

Many thanks

[cerberusalert]

You can send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[gezwee]

Hi Debtfree,

 

Have you sent Freemans DSAR yet?

 

Note that you are self employed, any PPI or charges to reclaim?

 

As Cerb says, send them (EOS) the F.O letter and take matters up with Freemans. Are you sure EOS have been assigned debt or are they acting as collector only? If you are in a position to (and assuming you still want to) offer F&F in the near future it puts you in the driving seat to negotiate corrected balance.

 

Gez

[DEBTFREEFUTURE]

Hi All

 

recieved a letter from eos stating that Freemans could not provide a cca for this account. I am about to send the account in dispute letter but realised today that Freemans have registered 3 defaults against me. I only opened 1 Freemans account many years ago but for some reason they have split it into 3 and i now have 3 defaults. What should i do now and is there anything i can do about these defaults?

 

Thanks in advance

[gezwee]

Hi Debtfree

 

Did you get that DSAR in to Freemans?

 

Unless anybody else looking in has a speedier solution for you I think you'll need to await the outcome of this.

 

If Freemans are registering the defaults it would imply that they have not assigned the account/s so Eos would appear to be an inhouse collector. If Eos had been assigned alleged debt the default would have transferred to them with the CRA.

 

Littlewoods try a similar ploy with NDR but its just in house chimps trying it on and they have no legally assigned rights to the 'alleged' account/s.

 

If you havent already sent the DSAR it may be worth adding a couple of subtle requests for agreement, PPI schedules etc, still remember to include the words ALL DATA in your request though.

 

You'll probably get back a maximum of 2-3 years of statements which won't tie up with any balances they have been chasing.

 

Give this thread a bump if they do/don't comply within the timescale.

 

Keep that letter from Eos somewhere safe

 

Gez

[DEBTFREEFUTURE]

Hi gezwee

 

thanks for your reply. What is DSAR?

 

I have just checked my credit rating with experian and found that Freemans have marked all of the accounts as 'SETTLED' but with the defaults firmly in place. Shouldn't i have recieved a formal letter informing me that the defaults were going to be added to my credit rating and also can i not now challenge the fact that Freemans have enetered any onformation regardig this account when clearly they have no CCA.

Also i remain confused as to how 1 account became 3 accounts?

 

would appreciate any help!

 

Many thanks

DFF

[gezwee]

Hi DFF

 

A DSAR is a SAR, i always stick the D in front for Data now as Cag expands the acronym (S.A.R) when you type it in a post.

 

You may find that whilst they have no 'legal' recourse to recover any debt from you this does not stop you recovering any unfair charges from them.

 

You could press the CRA to remove any dodgy markers but in all honesty it won't happen without a fight. Freemans response will be that whilst they have no legal route to challenge you for the debt it does still exist and they will pass it to a DCA to bug the life out of you for a while.

 

God only knows how they get away with it, no regulated agreement, no authority to process your data but still they presume to screw with your credit rating

 

Depends how great your need is with regard to markers on your credit file, if its a must to get them removed for a new mortgage etc I'd be inclined to ask the site team for some assistance. I think theres a few instances of members on here winning recently but it'll be an uphill battle for you I'm afraid to say.

 

Best of luck

 

Gez

[DEBTFREEFUTURE]

Hi Gez

 

thanks for that - i'd really like to try everything i can to have the defualts removed. I 'll keep you updated on how i'm getting on.

 

Thanks again

DFF

[DEBTFREEFUTURE]

Hi Gez

 

thanks for that. I sent an account in dispute letter and recieved a reply from Freemans themselves stating that in response to my letter they are writing to inform me that they will not be pursuing the debt but that they do have the right to process my information and have no intentions to remove these defaults. They did not explain why i ended up with 3 seperate accounts as opposed to the 1 i had opened as i asked though!

 

My task now is removing the defaults ('good luck' i hear you say!) - i know that this will be a fight but i'm ready and willing. Firstly i am concerned with the 3 accounts (and 3 defaults as a result) as i was unaware that there was 3 seperate accounts. Secondly - isn't there a formal process which companies have to comply with when registering defaults - did i read on hear somewhere that they must send some kind of formal letter proir to the defaults being registered?

 

Any advice on where to go from here would be much appreciated.

 

Best wishes

DFF

[cerberusalert]

My task now is removing the defaults ('good luck' i hear you say!) - i know that this will be a fight but i'm ready and willing. Firstly i am concerned with the 3 accounts (and 3 defaults as a result) as i was unaware that there was 3 seperate accounts. Secondly - isn't there a formal process which companies have to comply with when registering defaults - did i read on hear somewhere that they must send some kind of formal letter proir to the defaults being registered?

 

This is part of a test case which is being heard McGuffick v The Royal Bank of Scotland Plc [2009] EWHC 2386 (Comm) (06 October 2009)

[gezwee]

This is part of a test case which is being heard McGuffick v The Royal Bank of Scotland Plc [2009] EWHC 2386 (Comm) (06 October 2009)

 

 

Yup, we wait to see if they try quoting elements of this case in response to others.

[veryweary]

Another poster see thread - Complicated Freemans Case- sorry don't know how to post a link, has similiar problem to you except Freemans have defaulted him/her 5 times for a single account:eek:.