credit solutions ltd.

[swanbi]

I sent csl cca and account in dispute letters with regard to morgan stanley credit card.They sent the following reply " in your letter you state your account with our client is currently in dispute as they have failed to comply with your request under cca. We need to clarify the following: have you received any documentation from the client since your request was sent. have you paid the statute fee of £1. If you have received a copy of your terms a conditions this fulfills our clients obligations under cca. I can confirm that cca states that a copy contract can exclude certain features ie a signatory box".

I thought csl had to provide me with documentation I asked for.

Can anyone advise?

Thanks.

[spamheed]

it is possible to fulfil a s77 CCA request by providing a copy of the terms and conditions or a reproduced agreement, however they would need the original in court.

 

It sounds as if CSL don't know what they are talkign about or what has and hasn't been done on this account, what idiots, writing a letter like that which clearly demonstrates their ignorance

 

If you sent the £1 fee and have as yet received anything then the CCA request is still outstanding

[swanbi]

Thanks spamheed, shall await their reply.

[swanbi]

I have received a letter from power 2 contact (same address as csl) saying they have been instructed by their client to visit your address to collect debt.

Should i just send them letter refusing them permission to visit my property. Thanks.

[sillygirl1]

Tell them they have NO power to contact you.... they are a third party 'field agent force' and have no powers whatsoever. If anyone does turn up you can tell them to get lost, don't give them any information and don't pass their 'security'....

[victoria_siempre]

Hi swanbi

 

Email them.

 

Have look at http://www.consumeractiongroup.co.uk/forum/showthread.php?292067-A-curious-quickie

 

love

vic

[swanbi]

Thanks Victoria, will e-mail csl revoking permission.

[victoria_siempre]

Hi s

 

[email protected]

 

Ms Hillyer I think.

 

x

 

v

[swanbi]

E-mailed CSL and P2C to be on safe side.

 

Thanks.

[lkf]

CSL are loads of crap.I don't think they no what they are doing. Just ignore them. that's what i did and they passed the debt back to original creditor

[swanbi]

I agree lkf, they give clowns a bad name.

[Killerschick]

If you're so inclined you might fancy reporting them to the OFT for breaching the Debt Collection Guidance by continuing collections activity on a debt which was in dispute. Their email address is [email protected].

 

The OFT don't get involved in individual disputes like FOS but as debt collectors have to be licensed they can take licensing action like with Aktiv Kapital.

[bubbsie1]

Hi Swanbi

 

I have had the same letters (well a serated post card) from power2collect threatening to send a fieid agent a week or two ago; last' night (the 9th) I had someone furiously buzzing my intercom, when I finally answer a 'voice' said 'hello it's Ola from Barclays; i told him in no uncertain terms to leave, not to return or ring my bell, if he did further action would be taken. I was absolutely furious.

 

I am just about to send them the letter advising them not to send anyone to my home address once I find out who owns the debt (not sure if my ovedraft with Barclays has been sold to CSL) interestingly enough when you try to contact power2collect the calls go through to CSl, so I would assume they are one and the same......

 

 

I would send the letter refusing permission for them to come to your address asap!!

Edited February 10, 2011 by bubbsie1

[swanbi]

Hi Bubbsie, I e-mailed CSL and P2C with template letter from CAG. Should they visit my home I will also send letter. I sent cca request on 10th jan to CSL but have yet to receive reply. Good luck with your case.

[swanbi]

I have received following letter from sally eames complaints officer at CSL. I write in ref to your recent e-mail. CSL ofers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option to our customers to assist them in repaying their debts. In relation to field visits in subsection 2.12 of OFT guidelines doorstep visits must give adequate notice of the time and date of visit. The armstrong v sheppard (1959) case you quoted is dependant on each individual circumstance and only such order to refuse access can come from a court and not from the individual. Accordingly your outstanding balance is due for repayment, Please forward your offer of repayment as soon as possible to prevent further action occuring on your account.

Does sally have her facts correct?

[Bazooka Boo]

That is the standard template response they give in their deluded understanding of the law, they are sadly mistaken and this method of collection is as old and out dated as the first mobile phone.

The individual has MORE rights than these companies put together, it's just a shame that we don't exercise our rights more often, hence the sub standard treatment we receive from dross like these.

[bubbsie1]

Hi swanbi

 

pardon me for being a 'newbie' and not for one moment thinking I know better than the well seasoned veteran caggers on this forum;but common sense tells me if you still have an outstanding CCA request what on earth makes these bandits (am I allowed to use that term here) think you would discuss repayment terms with some stranger who turns up on your doorstep out of the blue.

 

As for the Armstrong v Shepperd the circumstances sound as if they are on all fours with yours, mine and all the other people who find themselves being plagued by doorstep callers from shifty DCA's.

 

Do you suppose for one moment CSL have actually read the case or are familar with the ruling.

 

Just asked a friend to email me a copy of the Armstrong/Sheppard case so I can read it myself; want to see exactly how the judgement is worded; whilst I know very little about civil law I do have a degree in pure law and have worked in criminal defence services for over 23 years,so for my own benefit (and others) will be interesting to see exactly what it says.

 

Will let you know.

Edited February 11, 2011 by bubbsie1
typo

[spamheed]

it is the homeowner/tenant/occupier who determines who may and may not attend their premises (with certain exceptions, ie postman, meter reader etc,) otherwise the whole premise of tresspass would never be enforceable.

 

Telling someone in writing that you do not want them on your property is good enough to stop them doing so, quoting Armstrong vs Sheppard gives them the basis for such a refusal, given that they have kindly acknowledged your letter they will have no excuse should you need to complain to the police

[bubbsie1]

Hi Swanbi

 

just had a read through the Armstrong & Sheppard case and while the facts/circumstances are vastly from ours (sewer pipes being laid underneath land belonging to a third party to convey effluent) the case still relates to licenses perse, i.e basically the granting of a permission.

 

So Miss Eames should realise a license may be granted by one party to another party as an element of an agreement between them; it is not unilateral.

 

As for her assertion that 'only such order to refuse access can come from a court and not from the individual' I think she has not understand the judgement in the Armstrong case and is referring to the 2nd part of Armstrongs case where he also asked for an injunction a seperate issue to the license argument.

 

Basically unless there is some positive source of authority they can point to (court order, police action, risk to life or limb, utilities etc) CSL or anyone else have no right to enter or set foot on your property without permission.

 

So Armstrong & Sheppard is still good authority for unwanted callers/trespassers visiting or being on your property without consent.

 

I would just stand firm, write to her and re-iterate what you have already told her; callers/agents from CSL or any of its associated companies are not welcome at your home address on this matter unless there is a prior agreement for them to attend and you have no intention of agreeing to that course of action.

 

Please bear in mind I am not an expert so any/all constructive criticism from other more experienced/knowledgable caggers is always welcome and if I have got anything wrong I am happy to stand corrected.

 

I know I felt quite threatened when my CSL caller arrived unexpectedly; but try not to worry too much, I'm sure with the help of CAG you'll be able to work things out.

 

I have no idea what I would have done without this forum, its turned out to be a real godsend.

 

Making a donation (will have to be a tiny one given my financial circumstances) to help them keep up the good work.

[swanbi]

Thanks guys, will keep thread updated with their antics.

[victoria_siempre]

Hi swanbi

 

I have the same letter; it doesn't much matter in practice, you have warned them and they probably won't visit. If anyone does tell them politely to Foxtrot Oscar.

 

Yes you can call them bandits here because DCAs are bandits.

 

I am still in negotiation with same who have now agreed to accept £1 pm for 6 moths -am thinking about this.

 

x

 

v

[bubbsie1]

Hi Victoria

 

I offered Barclays £5.00 per month on the overdraft which is just over £5000; they refused and closed my account and say they have 'transferred' my bank account to CSl and will no longer communicate with me. I sent the SARs letter yesterday, so no doubt I will have a wait before they reply.

 

is there any point in my offering CSL the same amount Barclays refused?

 

 

Also not clear on whether all the charges on my bank account, which are charges for using the overdraft, unauthorised overdraft and personal reserve and extortionate interest are ones I could try to reclaim. How would I access if they were reasonable or not. I am reasonably certain once all the charges are calculated they will make up the bulk of the money I owe.

 

Any advice would be appreciated.

Edited February 11, 2011 by bubbsie1

[swanbi]

Hi Victoria,

The bottom line is they have yet to respond to my CCA request which was issued on 10th jan.

 

Regards Swanbi.

[victoria_siempre]

Hi bubbsie

 

I don't know anything about bank charges; colleagues will advise.

 

My preference is only to make payments to OC not DCA bandits; agian others will comment.

 

x

 

v

[swanbi]

Hi bubbsie 1, Best to post new thread with regard to your own situation as you will probably get help sooner.

 

Regards Swanbi.