Complicated Freemans case

[planetdebt]

Hi, I have a thread in the legal section regarding a part of this problem I have, however as it involves 1 balance being split into 4 I have been advised to create a new thread.

 

Here is a summary of what has happened.

 

I went onto a Debt anagement plan around 6 months ago, I thought freemans had accepted as Gregory Pennington had said so.

 

In july I received a letter from weightmans telling me that they are going to take me to court. More details about this are on the weightmans thread in the legal section.

 

A week later I got three letters from eos each for a different balance, after contacting several times I found out that the 1 freemans account had been split into 4 and eos had instructed weightmans to take me to court for one of the balances & eos were dealing with the other 3 balances seperately.

 

Weightmans obtained ccj illegally which i am trying to get set aside, the claim was issued on the 4th of august & a judgement ruled on the 5th of august.

 

Now eos are trying to get another 3 ccjs, that would mean 4 ccjs for 1 account.

 

 

12 Days ago I sent a CCA request to freemans & had nothing back & about 18 days ago I sent a CCA request to weightmans & they said before issuing the claim that they were unable to supply one.

 

I need help to try & stop further CCJs, I want to send this letter to eos I created using previouse CAG posts, would this work?

 

Sending shadows letter:-)

Edited August 19, 2009 by planetdebt

[katpuss]

Sorry to be a harmonger of doom but my advice is to not continue with the dmp with gregory pennington as they charge monthly fees.

 

If you contact the Consumer Credit Counselling Service (CCCS) they can get you set up on a dmp with them. They are a non profit debt charity.

 

The letter looks good and should either mean that they'll go away or will try some other new tactic.

 

Did you receive any court documents regarding the CCJ so that you could respond before it went to court?

[planetdebt]

Sorry to be a harmonger of doom but my advice is to not continue with the dmp with gregory pennington as they charge monthly fees.

 

If you contact the Consumer Credit Counselling Service (CCCS) they can get you set up on a dmp with them. They are a non profit debt charity.

 

The letter looks good and should either mean that they'll go away or will try some other new tactic.

 

Did you receive any court documents regarding the CCJ so that you could respond before it went to court?

 

Hi, Iv already ditched gregory pennington, regarding the court document, They issued a claim on the 4th of august, I received the forms on the 5th, shadow advised me to put in my acknowledgement, so I went onto the court website & it said a judgement had already been ruled against me, I should have had at least 14 days.

[the_shadow]

Hi PD,

 

Have you received three letters from EOS chasing the three debts with different reference numbers?

 

If you have personally I'd... for the sake of £1 send a letter as below.

 

 

Dear Sirs,

 

I am in receipt of demands for monies relating to a single Freemans account (Freemans acct ref XXXXX), as I understand it you appear to have split the balance of this account into 4 elements and are attempting to collect each element separately. I am sure you are aware that this type of account is regulated under the CCA1974 and as such relates to a single agreement rather than 4 agreements or 4 separate accounts. Your references for this single account covered by the CCA1974 are xxxxxx,xxxxxx,xxxxxx,xxxxx

 

I now formally request a copy of the executed agreement under s78(1) of the CCA1974 that relates to this Freemans account and therefore the four split balances that you or your client have created. I require you to provide me with a true copy of the credit agreement relating to the above Freemans 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.78(6) 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.

Regards

 

S.

[planetdebt]

Hi PD,

 

Have you received three letters from EOS chasing the three debts with different reference numbers?

 

If you have personally I'd... for the sake of £1 send a letter as below.

 

S.

 

I have had 3, actually 4 eos references because the weightmans reference is also an eos ref, but if I send this letter than for sure eos will say we have forwarded this to freemans & then just continue doing what they are like weightmans did. I have already requested a CCA from freemans & acouple of weeks before this from weightmans, & weightmans said ask freemans for the documents.

[the_shadow]

I have had 3, actually 4 eos references because the weightmans reference is also an eos ref, but if I send this letter than for sure eos will say we have forwarded this to freemans & then just continue doing what they are like weightmans did. I have already requested a CCA from freemans & acouple of weeks before this from weightmans, & weightmans said ask freemans for the documents.

 

Ok, hold on I'll rejig

 

S.

[the_shadow]

Ok, how's about this then now:-

 

Dear Sirs,

 

Your Refs: (xxxx,xxxx,xxxx,xxxx)

Freemans Account ref: xxxxxxxx

 

I am in receipt of demands for monies relating to a single Freemans account (Freemans acct ref XXXXX), as I understand it you appear to have split the balance of this account into 4 elements and are attempting to collect each element separately. I am sure you are aware that this type of account is regulated under the CCA1974 and as such relates to a single agreement rather than 4 agreements or 4 separate accounts. Your references for this single account covered by the CCA1974 are xxxxxx,xxxxxx,xxxxxx,xxxxx

 

I am sure you are aware that a s78 request was sent by recorded delivery to Freemans on xx/xx/xxxx, as of xx/xx/xxxx (12+2 days) they are in breach of supplying said agreement which covers the single Freemans account which you have split into four. Therefore this account is now in serious dispute and I demand you cease all collection activity until such time as a true copy of the executed agreement is supplied in accordance with s78 of the consumer credit agreements act 1974.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection "The OFT guidance" which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I therefore require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

 

Any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

 

I respectfully request a response to this letter by 4pm xx xxxx xxxx (Date 14 days from now)

 

Regards

S. Edited August 19, 2009 by the_shadow

[planetdebt]

Thanks shadow, Il get this one sent to them, as usual you come to me rescue

[planetdebt]

Ok, heres whats happened since I sent shadows letter

 

No response from eos :-| and phone calls stopped

 

Last week I received a letter from feemans saying that they arent going to persue any longer:D its dated the 8th but I only got it last week maybe because of the postal strikes?

 

On saturday I got 2nd freemans letter

 

What do you guys think?

Edited October 5, 2009 by planetdebt

[planetdebt]

Ok heres the link to the scans of the letters, anyone know what I should do next please.

Edited July 14, 2010 by planetdebt

[the_shadow]

Ok, do the two letters have different account numbers on them?

 

 

 

Personally I'd wait to see EOS's next move in regards the 2nd letter, good news on the first letter although Freemans will still mark you credit record unfortunately.

 

Talking of credit record, how many entries do Freemans/EOS have on there, do you know?

 

S.

[planetdebt]

Hi shadow:), well as you know Iv only got one account but freemans split it, however all the balances that they split begin with the same account number, (this is the actual account number) however when they split the balances they added a 3 digit number at the end.

 

As I cant post my original account number, heres an example of what they have done

 

example of Actual 9 digit account number with one letter H987654321

 

One balance Split into:

 

H987654321-701

H987654321-702

H987654321-703

H987654321-704

 

All of the above still had one credit limit after being split and one statement for all balances

 

The first letter has just the main account number on it H987654321

 

The second letter has H98765432100703 (they added a further two 00s before the 703)

 

I have pmd some members who have problems with freemans recently and it seems freemans has been splitting the balances on other peoples accounts since last year aswell and everyones account that has been split seem to have the same last three digit number beginning with 701 702 etc

 

The nobs have put 5 default notices on my credit report for the one account.

 

PD

[veryweary]

From days gone by when I had a Freemans account, they used to set up different 701, 702 numbers on the same account where for instance you ordered goods for another person, or you ordered goods on seperate occcasions on different weekly terms eg 20, 40 80 week terms. So this is an internal Freemans account numbering payment system and shouldn't result in you getting 5 defaults, as you only ever opened one alleged account for which there would be a single account number.

 

Do Trading Standards think this is fair? Or have they given it their usual body swerve.

[the_shadow]

Ok I thought as much, ok personally I'd keep to waiting to see what EOS do with this so called debt thats been purchased... in the meantime I'd try and get those 5 defaults put back into one at the very least...

 

For that I think a strong letter to the CRA's is in order, if you subscribe to one service best to start with that one so you can check everything quick and easy.

 

Dear Sirs,

 

On checking my credit file I am shocked to find 5 defaults registered against me for separate amounts, you should be aware that there is a single account held with Freemans that is currently in dispute and therefore there should be no defaults held on my record.

 

At the very least with only one account and in accordance with the ICO's guidelines on registering of defaults on credit files there should be one default. I now require you to contact the lender and demand that your data is corrected.

 

You should be aware that mis-informing on a credit file can be reported to the ICO but also that legal action can be taken against both yourself and the third party to recover substantial damages (Case law can be found in Kpohraror v Woolwich Building Society, King v British Linen and Richard Durkin v DSG Retail)

 

I require an answer to this letter no later than xx/xx/xxxx (give them 14 days)

 

Regards

 

What does everyone think?

 

S.

[planetdebt]

Should I start with the CRA letter, im using experian at the moment. I was also thinking of sending freemans a reminder letter that they said they were not going to persue the debt and to stop harrassing me?

 

PD

[the_shadow]

Apologies PD, I deleted the PM without taking a note of the thread you pointed me to, could you post the link on here or at least post what I said in my PM to you on there, I do feel this needs to be reported.

 

S.

[DEBTFREEFUTURE]

Hi

 

not wanting to hijack your thread - i have started one of my own but haven't had any response as yet, but i am in the same position with Freemans. I opened one account many years ago which has now been split into 3. Freemans passed the debt to EOS when i struggled with repayments - when i sent a CCA request EOS replied that Freemans could not provide this and at the very same time the accounts were marked as settled on my credit file but with 3 seperate defaults for 3 seperate accounts! I then sent an account in dispute letter, asked for the defaults to be removed and requested an explanation as to why i had 3 accounts and 3 defaults. They responded saying that they would no longer be pursuing the debt but that they would not be removing any defaults - no explanation was given re: 3 accounts. Don't know where to go from here but i'm willing to fight to get these defaults removed,

 

I'll be watching your thread with interest.

 

Wishing you the best of luck

DFF

[the_shadow]

Hi

 

not wanting to hijack your thread - i have started one of my own but haven't had any response as yet, but i am in the same position with Freemans. I opened one account many years ago which has now been split into 3. Freemans passed the debt to EOS when i struggled with repayments - when i sent a CCA request EOS replied that Freemans could not provide this and at the very same time the accounts were marked as settled on my credit file but with 3 seperate defaults for 3 seperate accounts! I then sent an account in dispute letter, asked for the defaults to be removed and requested an explanation as to why i had 3 accounts and 3 defaults. They responded saying that they would no longer be pursuing the debt but that they would not be removing any defaults - no explanation was given re: 3 accounts. Don't know where to go from here but i'm willing to fight to get these defaults removed,

 

I'll be watching your thread with interest.

 

Wishing you the best of luck

DFF

 

In the first instance I would try a letter similar to in post #14

 

S.

[DEBTFREEFUTURE]

Hi Shadow

 

sorry again to be using PD's thread but i've just checked my report again to find that a company called Actop(Albis) has now entered information on my report. Two accounts, both the same balance as the two samller Freemans balances - one for £90 and another for £200 and have entered defaults on both. I don't know who they are and now have 5 defaults for 1 single account for which there is no valid credit agreement.

 

I feel really angry - should i still send the letter in post 14 and who all should i send this to?

 

Thanks again

[the_shadow]

Hi Shadow

 

sorry again to be using PD's thread but i've just checked my report again to find that a company called Actop(Albis) has now entered information on my report. Two accounts, both the same balance as the two samller Freemans balances - one for £90 and another for £200 and have entered defaults on both. I don't know who they are and now have 5 defaults for 1 single account for which there is no valid credit agreement.

 

I feel really angry - should i still send the letter in post 14 and who all should i send this to?

 

Thanks again

 

Letter goes to Credit ref agency, do you have a thread I can comment on, save using planetdebts all the time

 

S.

[DEBTFREEFUTURE]

HI Shadow

 

thanks. Yeah it's 'Freemans default - help please' - not sure how i post a link. Apologies PD for using your thread. I'll keep u updated.

 

Many thanks