Debt Collecter Rang me

[m1k3st3r]

Hey guys im new to this forum and all these debt things but i about a year ago i paid off around 50% of a balance i had with Freemans then when i rang to pay again they said there was no such account i recieved letters so i kept ringin to pay becuase they were adding a big % back on nw it is other what it started i then maybe november last month stopped recieving letters but today i recieved 4 phones calls from a number i didnt no but i then got a call again and was told it was a marketing call but later i recieved another call and was told i needed to answer some questions firstly my name which they only knew me as mike not michael so i was a bit unsure but i was told i needed to confirm the information before i could be told what it was they urjently needed to tell me so i told him my name and adress he then said to me is ur d.o.b 01/2/89 etc which i then said no to as he had it wrong so being an idiot i told him my dob he then said i need to give him my debit card details i wudnt give him these so he said i need to pay off **** amount of money or he would send sum1 he then said he was arranging a £15 a month for 3 months then i would need to sort a full payment out i never said anything about this he then put the phone down i did a 1471 and googles the number and it was a EOS SOLUTIONS he never even told me this is there anything i can do ? any help would b apericiated...

[alfwithhair]

If they ring again tell them to P**S OFF.

DO NOT answer any security question, tell them nothing and never give any personal or bank details to any cold callers.

EOS are well known for this trick.

They will be sending no one round, it all Bull S**T to intimidate you in to paying, something you probably don't even owe.

 

Just ignore the T***ers.

If they write to you post the details onhere on we will advise further

[m1k3st3r]

OK so i do nothing untill i recieve a letter ? thnks for the reply...

[gezwee]

OK so i do nothing untill i recieve a letter ? thnks for the reply...

 

Thats about the size of it.......... oh except that if/when you ever do receive a letter from them do nothing with that as well.

 

Best ignored, but if you feel the need to write to anybody send a CCA request in to Freemans and wait for them to fail in complying

 

Gez

[m1k3st3r]

hey all thanks for the reply i recievd 2 letters from them to day and finally realised how much of a sizeable amount there saying i ow them its has more then doubled i dont know what to do should i pay it ?

 

the first letter :

 

Referance: ************

Our Client: Freemans

 

ear MR M *******

 

Your debt has now been transferred by our client to EOS Solutions for collection

 

As a result, the full outstanding debt of £1***,** has now become due for payment.

 

option 1

 

It is in your best interest to clear the full debt now if you possibly can. to do this, please call our settlement team.

 

option 2

 

we understand that ou will want to pay your debt, but cant find the full amount in the case, please make sure you call out arrangement team to deiscus the situation.

 

dont forget please call us now,

 

 

EOS solutions UK Plc

 

 

the second letter had many pages of forms for paying in money at bank or post office and a letter saying thanks for the receant communictions please find enclosed slips to pay you balance....

 

 

What should i do ?

[sillygirl1]

Send a CCA request to them and to Freemans, it is odds on that they have added tons of charges here which are not legal.

 

I would also get in contact with Trading Standards about the style of their letter and phone call which breaches a lot of debt collecting guidelines.

 

These companies need to be stopped in their unjust harrassment tactics.

[debt4get]

Date

 

Dear Sir/Madam

 

Re:−

Customer ref

 

This letter is a formal request pursuant to s.77(1) 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(6) will apply.

 

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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

 

send this enclose a pound postal order do NOT sign letter print it signature.. wait 12 +2 working days, if they do not comply you do not have to offer any payment

the charges on account they can forget..chances of freemans having a valid cca is virtually nil, in which case they cannot enforce action in court

[m1k3st3r]

o.k thanks for the letter ill copy this and post it im a little confused on the signature thing ? how should i sign it ? many thanks mike

[alfwithhair]

o.k thanks for the letter ill copy this and post it im a little confused on the signature thing ? how should i sign it ? many thanks mike

 

Just print your name or put a swiggle that is nothing like your normal signiture, if you are used a computer just change the font on the signiture to a handwriting font.

[247orbital]

I add this littel gem to my SAR these days.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

[m1k3st3r]

hey people sorry for this my good friend was taken ill and i went to his in scottland so havnt had a chance to send the letter im going to re-print it now with todays date and go post office this is just sort of a memo to me so i no the date i did it haha cheers for the help guys any replys ill post up here

[m1k3st3r]

just a quick update so i sent the letter the 23rd march and i recieved my own letter back last monday so i rewrote the letter with the new date and posted it yesterday, the wierd thing was the sme day my letter returned to me i recieved a letter from them saying my account had been sold on from them but a new company had brought it but asked them to get the payments from me ill write the letter up if u wnt it

[fuzzybobble]

Do you have the address for Freemans? I need it for a friend who needs to do a SAR on her old account to reclaim charges back. She has the account number but no paperwork.

[m1k3st3r]

Freemans PLC, PO Box 1761, Sheffield, S96 5FS

[hillards]

I have it as:

 

Freemans PLC

Amberley St

Sheffield

S9 2FS

 

(https://www.freemans.com/web/main/mailus.asp)

0114 263 7073 or switchboard on 0114 2610261

Maybe even 0800 900200 ?

[fuzzybobble]

Thanks, much appreciated.

[m1k3st3r]

Hey so its been 14 days since my letter, i recieved a letter saying thank you for the request we have forwarded it to our client, that was from EOS but the client i presume is FREEMANS i also sent the letter the same day as to them and they havnt replied but the funny thing is the date on the letter from EOS solutions is dated 14/04/2010 so why did i recieve it on the 27/4/10...

 

so what do i do now ?

 

few pointers:

i sent both EOS and Freemans the letter the same day.

neither replied untill today which is 14 days after, today being the 14th day.

The letter is from EOS whom say they forwarded my request of the original copy of agreement to the client.

i presume the client is FREEMANS this is not in the letter thoe.

today being the 27th but the date on the letter the 14th

 

P.s as iv heard i give them 14 days if they sent me a letter today but dated the 14th saying they contacted the client as of tommorow the client would have had 14 days from the letter they sent surely ?

 

Thanks in advance for the help

[debt4get]

once 14 working days are up send em this...

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

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.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

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.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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.

* 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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

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.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[m1k3st3r]

im sorry but i didnt think it would matter the it was 14 days or 14 working days so should i wait untill 14 days not including sat and sun are up ? and do i post this to eos or freemans ? thanks

[debt4get]

yes it is 14 working days not including weekends you post to whoever is chasing you..which i assume is eos

[james1876]

Freemans have been on this forum. They told a friend of mine they knew were they got there templated letter from and were watching....jst a word of warning.

[hillards]

....jst a word of warning.

Why a warning? CAG members have been using the template letters for a long time, just because Freemans have called your friend does not mean everyone should stop sending them letters...?

[debt4get]

thanks james. we have known for a long time that dca's and such like trawl these forums..they are open and therefore anyone has the right to use...its the reason why we try not to identify ourselves....

[m1k3st3r]

Hey so its been quite a while but i was checking my credit score on experian and i still have this on my records what should i do ? any help would be appreciated ?

[Mr Worried]

Yeh M8, 8 month, you tell us what has happened during that time.

 

Mr, Non Psychic

 

 

 

 

Hey so its been quite a while but i was checking my credit score on experian and i still have this on my records what should i do ? any help would be appreciated ?