dealing with debt collectors in Scotland?

[o0oliambeeo0o]

Hi, not been around this site for a few years now, a whole lot of changes!!! lol

 

Im looking for template letters that can be issued to debt collection agencys in Scotland and/or advice, can anyone point me in that direction.

 

My apologies in advance, I had a look about but did not find what I was looking for?

 

 

Liam.

[maroondevo52]

Hi, Liam.

 

Good to see you back.

If you can explain what sort of things you are looking for we'll do our best to find them.

 

Regards.

 

Scott.

[o0oliambeeo0o]

Ok, Ive had this Creditexpert thing for over 6 months now, there was one Default on my credit account from TESSERA, it says its from a bank but I have no idea what it is? i just kinda assumed it was something I had messed up!

 

I had a default pop up about a month ago on my credit account from WEB HALESOWEN (think thats how its spelt), I called creditexpert to say I defo do not know what this was, they dealt with WEB HALESOWEN and it turned out someone from my previous address from about 5-6 years ago had applied to one of these PARK.TV cataloges in my name and run up a bill, I must admit creditexpert fowarded my info, such as when I got a mortgage, thus moving from my previous address, being registered on electoral roll for 3 years plus at my current address to WEB HALESOWEN and they were happy I had been the victim of ID theft and removed default.

 

In addition to the above TESSERA thing I keep getting letters from LOWELL PORTFOLIO and again this name means nothing to me so I am going to start dealing with all these people to confirm they are genuine debts which THEY can prove belong to me.

 

Any help would be very much appreciated.

 

 

 

 

Liam.

[maroondevo52]

Hi,

 

Both TESSERA and LOWELL PORTFOLIO are well known on these Forums both Debt Collectors.

If you know nothing of the debts send them the 'Prove it' letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[o0oliambeeo0o]

Ok ty, I just wasnt sure if, as I am in Scotland the relevent acts/wordings were valid.

 

I was googling LOWELL and seperate from this site can see they see to be, as far as im concerned "[problem]mers" I also came across this template:

 

To Whom It May Concern:

 

Your Reference: xxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1

postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.

 

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

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

 

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 (INSERT COMPANY NAME HERE )

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 is made in writing only to the above address. 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.

 

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 license under the 1974 Act.

If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

 

 

 

Yours faithfully

[maroondevo52]

Hi,

 

That templates ok if you are requesting your Credit Agreement when you know what the debt is, but as you state you don't have a clue then the 'Prove it' letters the one to use, see what sort of responce you get and we can take it from there.

 

I can't remember what sort of debts Tessera usually chase, I know they were always close to Rockwell Debt Collectors not sure if they were one and the same. I think at one stage they used to go after TV licensing debts.

 

As for Lowell, they'd chase you for forgetting to pay the Paper Boy !!!

 

As you will know it's for them to prove you owe them anything not the other way around.

[o0oliambeeo0o]

maroondevo52 TY for your time, I will send off the "prove it" letter to at least two seperate addresses, I will of course send these recorded delivery.

 

Thanking you for your time.

 

Will updating.

 

 

 

 

Liam.

[maroondevo52]

Sound, let us know how you get on.