CSL sending all manner of threats on old Joint Bank Account debt

[RedVixen]

I had about 10 letters from these idiots about a Lloyds account

including several stating that will start legal action in so many days (always naming the court I think they think that people will be more scared

by them actually naming a court) plus a couple offering a discount and

 

then the we will not tolerate any more delays and 'we haven't done it yet because we understand thigs are hard for some people'

 

- all ignored and nothing for over a month

 

- doesn't mean that is how it will go for everyone but that is how it went for me

[pinkrat]

Thanks Redvixen, hope it stays that way for you.

 

Just received another letter regarding this matter from a solicitors called Knipe Woodhouse-Smith based in Bucks.

 

They say they have been instructed by Credit Security Limited to issue court proceedings if payment isn't received within 7 days.

 

The letter is dated 20th december but just received it so the 7 days have passed oops

 

The letter layout and paper looks very similar to credit Security Limited's letters.

 

Shall i still just ignore?

 

Hope everyone had a lovely Christmas

[pinkrat]

Also, as this is a joint account debt, can they chase one person for the whole amount?

Thanks for any advice

[dx100uk]

yes and ignore the lot

 

dx

[RedVixen]

Hi

 

I got the solicitors one as well and ignored it and nothing came of it.

 

Its now gone to another DCA with no action being taken by these idiots

[Bigdebtor]

I had the same experience as RedVixen - debt passed back to Cr*p One by CSL - despite all the above threats includinbg the one from their tame lawyers.

 

I would just ignore the lot and let them do the rounds of other DCA's until hopefully the SB date arrives - key is to not acknowledge ANY such debt.

 

BD

[pinkrat]

Thanks everyone for sharing your experiences.

 

After the solicitors threat ignored

 

we have just received a letter from Credit Security Limited just asking to pay the debt.

 

I'm not worried about this anymore as you were all right to ignore

and thats what we will continue to do.

 

Happy New Year all, hopefully

Edited January 11, 2011 by pinkrat
didn't make sense

[harrassed senior]

Just let us know if and how this progresses and you need any further advice = Happy New Year.

[pinkrat]

Just keeping you up to date with our experience with this case.

 

Received another letter from Credit Security Limited,

 

just saying it would be in our best interest to pay in 7 days.

 

We're still ignoring,

 

hope this helps anyone else having dealings with these people.

[Bigdebtor]

Interesting they are giving you ADVICE now? Are they qualified Independent Financial Advisers authorised and regulated by FSA? I doubt it!

 

Keep the letters (and envelopes) safe in case you need to play this card later - but keep cards close to your chest for now and continue to ignore them. I bet CSL will eventually hand the account back to M&S.

 

Hope this helps?

 

BD

[pinkrat]

Thanks BD, i am keeping the letters, will continue to ignore and let you know how things develop

[pinkrat]

Another letter from CSL has arrived this morning,

 

reminding us that we have continually ignored their communications

and that they are not going to tolerate it anymore.

 

Their client intends to obtain a judgement against my partner from the county court

and if necessary apply for an attachment of earnings ( he is currently unemployed)

 

To avoid further action he must forward a payment immediately with a firm promise of regular payments.

 

If ignored they will place the account with their solicitors in the next 7 days

(They have already done the solicitor letter before and ignoring led to nothing)

[Bigdebtor]

I'm all in favour of continuing to ignore DCA's for as long as possible - and usually they go away and return the account to the OC. However sometimes the OC does instruct them to go to Court. It's really a judgement call as to if/when they will do so.

 

I set up another thread where I'm trying to build up a pictiure of how specific DCA's are likely to act - based on past experiences. Here's a link so you can see what I've got there so far.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?227592-How-ready-are-various-DCA-s-or-Original-Creditors-to-go-to-Court&p=2520642&viewfull=1#post2520642

 

I've just sent the following letter to one DCA who just won't go away - and claims to have bought the debt and has traced me after 2-3 years of writing to an out of date address. I'm still awaiting a reply - but I only sent this a couple of weeks ago.

 

If CSL are not going to go away - and if they now know for certain (through Voters Roll, Council Tax, CRA's etc.) that your partner lives with you it might be time to send a letter along these lines (suitably modified to suit his own circumstances)?

 

What do others think?

 

If they just won't go away the I think the key thing now is to flush out what enforceable paperwork (if any) they have.

 

If there is no evidence from Voters Roll, Council Tax, Bank statements etc. that he does live with you - and especially if he also has another potentially available address where he could live (parents?) - or if he's still on a voters roll etc. elsewhere - then if you can now recognise the envelopes (from franking on front or return address on back) it might be worth just sending further ones back marked "not at this address". However this might be risky and come back to bite him. I'd like to see what other CAGGERS say about this approach? I did it and it did buy me some time - but it's not without its risks if these returned envelopes were used in court.

 

If you don't want to bluff by returning envelopes and they can now prove he lives with you it might be worth your partner seeing just exactly what they have on him (if anything) by sending a modified version of the following letter:

 

Hope this helps?

 

BD

 

Dear Sirs

 

Ref:− Your letter of XX January 2011. Your Ref xxxxxxxxxxxx

 

I do not acknowledge any debt to your company

 

I refer to your letter dated dd/mm/yy and now formally request, under the Consumer Protection From Unfair Trading Regulations 2008 (specifically regulations 5 and 6) and the Office of Fair Trading Guidance on debt collection that you confirm whether you currently hold or have ever held a properly Executed Credit Agreement pertaining to the above account and if so please forward a copy to me by return.

If YOU DO NOT have a signed, properly executed Consumer Credit Act Agreement pertaining to myself, then I require written confirmation by return (CPUTR 2008 reg 5 and 6).

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with such a request.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1.True copy of original credit agreement

2.Statement of account

3.Copy of the executed deed of assignment from the original creditor

4.Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves or any agent or associated company or organisation is made in writing only to the above address or by e-mail. Telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both The Information Commissioner and The Office of Fair Trading (OFT).

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

 

If you do not understand what this means then I would recommend you seek appropriate independent legal advice.

 

Yours faithfully

Edited February 2, 2011 by Bigdebtor

[dx100uk]

have you checked your CRA?

 

dx

[RedVixen]

I got the - we won't tolerate any more delays one and then I think one more threat and then it was passed on

[pinkrat]

Thanks BD for taking the time to answer so thoroughly.

 

It will be very interesting to hear what reply youget from your letter.

 

No my partner hasn't had a Credit report done DX,

 

just looked at terms and conditions on website for having one done

 

and am a bit concerned about giving out information that companies

 

could use against him if he maybe had other debt.

[Bigdebtor]

What about him being registered for Council Tax or Voters Roll at your address?

 

BD

[pinkrat]

Yeah i registered him on the poll form when it arrived,

 

i guess thats how they discovered where he was.

 

I didn't know when i did that that he had any old debts.

 

It is a really old debt from an old Lloyds joint account,

 

probably mostly charges.

[Bigdebtor]

Well, that rules out just returning envelopes marked "not at this address" - but I'm pretty sure that's not how he was traced - unless he's still very local to his previous known address.

 

I think just continuing to ignore anything that isn't official is probably best for now - and CSL will probably get bored and return it to LLoyds.

 

How long is it since any payment made to this account - so we know how long before the debt is SB (6 years from last payment in or acknowledgement of the debt in writing)?

[im-mad]

Subbing

[ajs444]

Well got a visit last night from one of their doorstep collectors, standing there with a leger, told my wife he was representing Lloyds/TSB for a debt of £3800 which is about another £200 on the alleged balance. Told him to go away quite politely and shut the door in his face, with him butting in the background.

TSB were unable to produce a valid CCA and were not prepared to enter into any further correspondence regarding the Credit Card agreement, so that put an end to that.

Was briefly chased by Wescott then these muppets CSL, will see what happens next, wish I had asked for his business card as the only mention of CSL was at top of leger page.

[Bigdebtor]

I would send CSL the "no phone harassment or door step collection" letter. How long till the debt is SB?

 

Was the debt your wife's or a joint debt? If not, he broke the DPA by telling her about YOUR debt - especially if he hadn't confirmed her identity first!

 

BD

[ajs444]

Debt has a good 4 years till SB, asked LLOYDS for CCA but they sent made up T&C's, could not provide original agreement. Usual crap, "we know you signed an agreement or you would not have got a card etc., cannot put our hands on it just now, this is final response will not enter into any correspondence regading the issue".

The jobsworth collector, said he represented TSB to my wife, never mentioned amount, just asked my wife if I was in. Wish I had asked for ID or business card, told him all communication in writing.

My wife was pretty shaken up by it, I am seriously not happy.

[Happyhippy1959]

subbing

 

[Bigdebtor]

AJS

 

Have a look at the OFT guidelines on debt collection - and send a formal complaint to LTSB if you can find ANY way in which they or their agents have broken these. If you don't like their response then report them to FOS - which will cost them £500 or so!

 

Causing them problems like this may well make them just leave you alone - BTW remember SB comes in 5 years in Scotland - so you may only have only 3 or so to wait now. I have a couple of debts approaching this - not mentioned in my signature as I don't want to alert any OC or DCA - will add them to my signature later this year when they reach the 5 year SB date.

 

Good luck!

 

BD