FTW59 vs FCM (take 2)

[ftw59]

I've received a letter from FCM this morning (marked URGENT of course) stating that a debt recovery officer has recently called at my address as previously arranged but was unable to contact me.

 

They have reinstructed him to call again as a matter of urgency and to repeat his visits at various times so that collection of the debt can be effected. They also state that they have given him authority to carry out tracing inquiries etc.

 

They go on to say that if I am unable to pay the outstanding amount in full then they will accept an initial payment etc.

 

Now.....

 

This (as far as I'm aware) is the first contact I've had with FCM regarding this debt, (I have an ongoing history with them for another debt linked to here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/184955-me-1st-credit.html ) and given that there is someone in at the house almost 24/7, it's almost certain that no-one has called chasing the debt.

 

What's my first step with this please?

 

Do I send them a CCA request, and does it need modifying to prevent them doorstepping me?

[phil_nottingham]

Well i cant really help you but i am pretty sure no one has called/or will call and its just an attempt to get you to call.

 

Its always a good idea to CCA them

[cerberusalert]

send the muppets this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

[ftw59]

send the muppets this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

I wondered about sending that (suitably edited of course), but should I also send them a CCA request at the same time?

[cerberusalert]

If they haven't said what the debt is send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[ftw59]

Sorry, should have mentioned in the first post that they have stated that the debt is for an RBS credit card.

[dcakiller]

sounds like a standard threat o gram, it can de standard for a dca to claim to have made repeated atempts to get in touch with you on the first or second letter. This is to try to trigger a phone call where they can lie bully haraass you. As for the doorstep caller I would send them this version of the doorstep letter.

 

 

I refer to your threat to send an agent to my home.

 

It appears to me that your threats are an attempt to apply psychological pressure, which is a breach of the OFT Guidance on

Debt Collection. In addition, behaviour which creates an intimidating or hostile environment constitutes harassment.

 

Should you ignore the above, you should be aware that I will not speak to any caller, save to ask them to leave at once. If they fail to do so, the police will be called. Any call will also be reported to the appropriate enforcement authorities.

 

If you do not understand this letter, you should seek professional advice.

[cerberusalert]

Sorry, should have mentioned in the first post that they have stated that the debt is for an RBS credit card.

 

Send the CCA request as well as the 'do not bother me' letter.

[ftw59]

Send the CCA request as well as the 'do not bother me' letter.

 

Done and done.

 

Again, thank you all.

[ftw59]

Ok, I've now had a reply (and not what I was expecting either).

 

My original two letters have been returned by RBS/Mint (I was expecting a reply from FCM).

 

The CCA request has "Sec77" scrawled on it in pencil, and the postal order has been reurned as well.

 

A covering letter (of sorts) has been sent by RBS; It states:

 

Thank you for your letter in which you have made a request for documents under the CCA.

I am unable to deal with your request due to (ticked as appropriate)

Request received under S77 - the above account is nor a loan account and therefore we are under no obligation to provide you/your client with the requested details.

I have therefore returned the request to you. Please provide me with correct information and/or payment and this will be dealt with accordingly.

 

The letter is signed by a Mrs J Brodrick, Senior Recoveries Officer, Cards Customer Services.

 

What next please?

[Huff&Puff]

That's no problem, all you have to do is wait until the 14 days are up, and then send he idiots an "in dispute" letter. They can come up with as many excuses as to why they are above the law as they like, it still doesn't stop it being in dispute

[cerberusalert]

They're splitting hairs really, it's sufficient to just say you want a copy of your credit agreement although in fact it is a request subject to s.78 of the CCA 1978

[ftw59]

They're splitting hairs really, it's sufficient to just say you want a copy of your credit agreement although in fact it is a request subject to s.78 of the CCA 1978

 

Thanks for the advice.

 

So, do I make a fresh request to RBS, or FCM, or whoever under S78, or leave it as it is, or what?

[cerberusalert]

Yes send it again.

 

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.

 

Furthermore, with regards 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.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, 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.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[ftw59]

Thanks cerberusalert. I'll get the letter off to RBS/Mint tomorrow (not much point sending it to FCM seeing as they're just forwarding the request on to RBS/Mint.