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Account in Dispute but still being chased!!


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Hi Everyone, Basically i have quite a large debt with HSBC and they havent been able to come up with the CCA since June so i placed the account in dispute, I wrote countless letters to CDRU and Metropolitan collection services and my last letter to MCS basically said the accounts in dispute and i wont be having any more contact until a CCA is given to me.

 

Then i get home yesterday and MCS have passed the debt on to wescot! so i phoned wescot just to let them know the accounts in dispute as there is no credit agreement to which he replied, 'its not that simple mate' but i went through it all and had quite a heated coversation and in the end he said ok yes your right please write to us.

 

Can anyone help me on where to go from here? As to what letter to send wescot? I have written this one below but not sure if it will do the trick? Would appreciate your help.

 

I refer to your letter dated 13/1/10 which you sent me last week, in which you advise of your intention to start legal proceedings and also demanded full payment. I am sure you are aware it’s against OFT regulations to chase a debt that is in dispute and to ignore a query. Should you take me to county court I will be telling the judge that you ignored the dispute and several of my letters.

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies:

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party – Which MCS has now breached!

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore the 6th July statement.

I will allow you 7 days to reply to me withdrawing the threat of action imposed in your letter. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all correspondence.

Yours Faithfully,

 

 

 

 

Thanks in advance.

 

 

 

G

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The problem is that there were a couple of Court cases late last year in which the Judges came to the bizarre conclusion that even where the creditor was unable to comply with a S77-79 request that they were still able to take that customer to Court. That continuing to pursue the alleged debtor was NOT enforcement.

 

However, the Office of Fair Trading has had misgivings over this as you can see in this article to redress the balance.

BBC News - Lenders warned not to mislead customers over debts

 

and you will find this very relevant piece at the end of the article-

 

The judge said it was legal for lenders to take other steps to get their money back, such as demanding repayment of the loan, issuing a default notice, threatening legal action, and even starting legal proceedings.

 

But the OFT said it might take a dim view of these tactics.

 

"For the purposes of considering whether a company is fit to hold a consumer credit licence, the OFT can take into account any practices which we consider to be oppressive, misleading or improper, whether they are unlawful or not," an OFT official said.

 

The OFT's draft guidance says: "No communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot and will not be entitled so to enforce the agreement."

 

"The creditor or owner should make it clear in communications to the debtor that the debt is in fact unenforceable," it adds.

 

The guidance goes on to warn that: "To mislead debtors into making payment may in certain circumstances amount to an unfair commercial practice under the Consumer Protection from Unfair Trading Regulations 2008."

 

"It is quite clear that the OFT guidance would increase consumer protection and instigate standards within the banking industry that would reduce the abuse of consumer rights," said Carl Wright.

 

The OFT has delayed publication of its draft guidance until the outcome of the Manchester High Court hearings, whose judgements are expected to be delivered in January 2010.

 

Your letter to Westcot is fine. Suggest that you add "any further pursuit will result in a strong complaint to The office of Fair Trading to question their fitness to hold a Consumer Credit Licence".

 

And write a letter of complaint to your local Trading Standards office about

Metropolitan passing on those details in defiance of the Consumer Credit Act

1974 s77 [4] for example.

 

The two cases involved were

McGuffick v Royal Bank of Scotland

Carey v MBNA

Edited by lookinforinfo
  • Haha 1
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Good info.

I would also add;

Please forward me a copy of your complaints procedure,in line with guidance for disputed financial business.

 

I would allow 14 days for response over the 7 days you gave.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks alot for your posts, very helpful thank you.

 

I will send the letter on Monday and see what they come back with.

 

Re Complaining about MCS passing on my details, Is there a template laying around for this kind of complaint?

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oh and one last thing:

 

stop PHONING these muppets

 

always do everything in writing.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It comes under the DPA.

The procedure involves a section 10 notice.

You cant rely on a s10 notice if you are requesting a CC agreement,since it requires further processing of your data.

Have a look in the temps library (debt collection)to see what suits your purposes.

 

Dont forget to keep copies and also send recorded.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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There isn't a template letter to complain to TS about the behaviour of MCS.

Initially keep it short-ask them for their view on having your debt passed on to Westcot when the account is in default. Do more or less what you siad on your first post-give a few details of dates and perhaps a copy of any letter from MCS acknowledging they cannot comply with your CCA request. Do not demand TS do anything-just keep it lowkey.

 

TS have a backlog of enquiries so don't expect a reply for a few weeks, but they will get back to you to fill in the blanks and take it on from there.

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Nothing to stop the OP from going to their local TS to complain.

Will need to take originals of any comms for them to copy.

My experience of local TSs is that they are not always abreast of these issues.

It would help maybe to take a copy of the OFT 2003 final guidance on DC practices and highlight those paragraphs that apply.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Written by 42man

 

A letter when the account has been passed to another debt collection agency/or from a bank/financial organisation/credit provider TO a debt collection agency whilst the account is in dispute due to non compliance with an CCA agreement request.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest 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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings 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 forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gif

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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