Credit Solutions Ltd - Bully Boys

[valanne]

Hi can anyone help me please. I have been paying CSL £40 a month for a loan I had with Barclays that I unfortunately defaulted on because I lost my job. I have been paying them for 7 years and the loan is only going down a little, I now still owe £7306.74 according to CSL(who say they are collecting on Barclays behalf) the loan in the first place was £9,000 and I had paid it for 2 years before my job was lost!

My problem is that these people are bullies they contact me all the time to up my payments which I can't do and today the phone call was positively threatening so I told them to take me to court and see what the judge said then - but instead of saying ok we will - they just said as a good will gesture they will just keep reviewing it for the time being but it has gone on for 7 years and they can't keep reviewing without my upping the payments to them. I went to Barclays and Barclays say they are not dealing with them my loan was sold on to them. CSL deny this - what is the truth? How can I get away from this company from their bullying tactics that leaves me in tears as it is very severe. I am not a stupid woman just a victim of circumstances, I had the loan yes and was paying it back okay until I lost my job through health I cannot afford any larger payments and certainly not a settlement figure either?

[PGH7447]

Hi and welcome to the CAG, did you make this company provide proof of the debt, ie did you send a CCA request of?

 

also was there any PPI on the loan?

[rebel11]

Hi Val

 

Welcome to CAG

The guys will advise as soon as they are available.

 

Send then a CCA Request with a Postal Order for £1. They have 14 days to send you the info. Lets see what they send.

Have you been Mis-sold PPI on that loan? There are Templates in the library.

[valanne]

No I didn't and I take it you mean the insurance and yes I had insurance cover and they paid it for a few months.

[unwrittensource]

The CAG guys and gals have told me to stay off the phone and that has helped with some of the stress I have on my debt.

Send them the "contact in writing only" letter and if they call you do not answer any "security" questions. State that you wish to be contacted in writing only and they have to respect that.

This also means you will have a paper trail and evidence to back you up if it ever goes to court.

 

Have you asked for a CCA from them?

 

My DCA also state they are "working on the banks behalf" and that they will "Have to ask the bank if they can accept a lower payment of such and such" but I think its a lot of rubbish if the debt has been sold on to them, they now own it.

 

I hope that helps a little, at least until people with better advice answer. From what I've read on this forum, DCA are just a lot of mouth and very little action.

[rebel11]

Heres the Template:- http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

You need to find out if the PPI has been Mis-sold:- http://www.financial-ombudsman.org.uk/publications/factsheets/payment-protection-insurance.pdf

 

If you have been Mis-sold PPI that should be claimed back with Contractual Interest.

Spreadsheet and Templates are in the library.

[valanne]

Thank you I will send the CCA today and I will stay off the phone from now on.

[rebel11]

There are also harrassment templates that you can send.

 

Send the CCA Recorded, so you have proof.

[valanne]

I haven't had the answer back from CSL about the CCA so what is my next step please? I did have an acknowlegement that they received my CCA but have nothing back for 21 days now?

Thanks

[PGH7447]

send the account in dispute letter now

[valanne]

I have had a letter back from the credit collection people wanting me to confirm that I sent the £1 postal order for the CCA and had no reply back from their Clients and they have quoted in answer to the dispute letter I sent:

You do not have to provide an exact copy of the credit agreement to satisfy section 77(1). You are allowed to leave out certain details. Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 sets our rules about what constitutes a "true copy" of an executed agreement. There are two types of information that you are allowed to omit from the true copy. First, you can omit any information that is not required to be provide under the CCA or any of the CCA Regulations which relate to the customer and which are included for your use. This would include things such as details of the customers occupation, direct debit or bank details and details about income. Secondly and most significantly, you can omit any signature box, signature or date of signature. Therefore if you can "construct" the rest of the information and provide this to the customer you will have complied with section 77(1). This omission is expressly permitted by these regulations.

They need a reply by 5/5/11 or they will resume collections again?

Next step please?

Thank you

[sillygirl1]

Complete rubbish, you need to get that letter to the Office of Fair Trading and Trading Standards, they do NEED to have your details on the 'copy' agreement otherwise they could send any agreement they happened to have.

 

They NEED the original TRUE copy to carry out enforcement via the courts, so this won't meet with the pre-court protocols at all.

 

Get those complaints in pronto

[valanne]

Please can you tell me how to reply to them as I did think it was rubbish and do want to reply to them before 5/5/11?

Thanks

[jed52]

Dont worry about replying by that date valanne, they are all mouth and no trousers. All it means is they will start writing to you again and that nothing to be worried about now you are on here getting all the help you need to deal with these clowns.

jed

[teaboy2]

Valanne i assume they have failed to provide the CCA, so send them the letter below:

 

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 s77/78. 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 working 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 currently 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.

 

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

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.

 

Yours faithfully

 

working things out, you have already made repayments of £3,360 to wescott alone. So the debt should be down to £5,640 plus interest as per the original agreement, minus any payments you made to the bank before it was sold to wescott. So it seems to me that wescott are adding their own interest and charges, which you may want to claim back.

[valanne]

Hi is there anyone who can give me more advise on dealing with this debt collection agency. I have followed all the advice given and sent all relevant letters but now they are ignoring everything sent to them in the past few months and are threatening me again with personally coming to my house to collect the 'oustanding monies owed to Barclays Bank re: my defaulted loan'.

One letter I received this week was to say my account was suspended for 21 days while they raise the disputed claim with their clients (CCA) and the next letter dated one day earlier was from their actual collection department to say they were coming to my home to collect monies???? What do I do next?

Help!

[chattanooga]

If it's any comfort, I have had 7...yes, SEVEN doorstep collection threat nonsense and I haven't paid them a damn penny in nearly two years. The way I see it is, I owe Barclay so I pay Barclay, CSL can go whistle!

 

Seriously, don't sweat it. CSL can do naff all.

[valanne]

Thanks Chattanooga but I want them off my back full stop. I need to know my legal rights in stopping this harassment and want to know who to go too - Barclays have told me they do not employ this Agency and CSL hasn't sent me the CCA yet so I want to stop them contacting me for good!

Thanks Valanne

[stormski]

Hi,

 

Good advice coming here...ignore the threats..you are in good hands here.

 

Intimidation is their game...to try to get you to part with the cash.

 

Just stay on here...post updates..the advice is good.

 

Regards,

Stormski

[BRIGADIER2JCS]

Hi, Ignore threats, if anyone should turn up

tell them simply to ''go away'' these people

have no rights to do anything no legal powers,

no authority.

The letters are automated and are sent at intervals

despite any dispute being ongoing human life is

not involved.

Just send them a letter stating that no home visits

are permitted.

[chattanooga]

Thanks Chattanooga but I want them off my back full stop. I need to know my legal rights in stopping this harassment and want to know who to go too - Barclays have told me they do not employ this Agency and CSL hasn't sent me the CCA yet so I want to stop them contacting me for good!

Thanks Valanne

 

I understand. I found the "no phone contact" letter in the library actually worked with this shower. After that, to be honest, you'll get a few more threats, then a couple of pleading letters, then...nowt...peace perfect peace. It's like a storm, you ride it out then the air seems clearer than ever.