New 'Final Warning' letter: CSL/Cap1 v Dekkerboy. Advice needed.

[Dekkerboy]

Just when I thought it was all over... here we go again!

CSL, allegedly workingn on behalf of Crapital One, have sent me a 'FINAL WARNING' letter. It reads as below:

 

FINAL WARNING

 

We refer to our previous communications and are disappointed that you have not made reasonable proposals to clear your debt. The manner in which you have conducted your account is unacceptable and cannot continue.

Our client is not prepared for this sum to remain outstanding any longer and unless payment is made to Credit Solutions Limited within 7 days from the date of this letter, court proceedings may be commenced against you without further warning or notice.

 

Legal action would result in charges being added to your account as follows:

 

Solicitors Costs £50.00

Court Fee £50.00

 

If you wish to discuss the contents of this letter or to make proposals for the settlement of this debt please telephone us on: 0208 763 4564

 

Please do not simply write as our time limits are now very strict.

 

------------------------------------------------------------------------------------------------------

 

So, despite CSL being told numerous times that I will not discuss anything with them over the phone, and despite the fact that CSL have NOT provided me with my CCA as requested, and despite that I have told them that the debt/account is now in serious dispute, they STILL seem intent on being arses.

 

What should my next move be?

 

Many thanks again.

 

[PGH7447]

ignore the letter, if the account is in dispute then there is sod all they can do except bluff and bluster, or if you want write back and demand their complaints procedure for attempting collection of a disputed debt

[Dekkerboy]

Thanks PGH7447, I'll get their Complaints Procedure. Many thanks

[the_shadow]

Just a quick query, I assume you requested a copy of your agreement under s78, did they respond with anything?

 

S.

[Dekkerboy]

Hi Shadow,

I requested the CCA under sections 77-79, so 78 would have been included in this. The only thing I got was a letter from them offering a 40% discount on the debt but nothing about the requested CCA

[Dekkerboy]

...although the latest letter is now for the full amount. They also sent me a letter to inform me that Capital One had written and told me that the debt had been handed to CSL. Even though I never received said letter.

sTrAnGe...

[the_shadow]

Hi Shadow,

I requested the CCA under sections 77-79, so 78 would have been included in this. The only thing I got was a letter from them offering a 40% discount on the debt but nothing about the requested CCA

 

Ok, then they can initiate proceedings but not obtain judgement whilst still in default of said request. If they claim they will obtain judgement in any of their letters it could be deemed to be a breech of OFT debt collection guidelines as they are unable to until they reply to your s78 request.

 

S.

[the_shadow]

...although the latest letter is now for the full amount. They also sent me a letter to inform me that Capital One had written and told me that the debt had been handed to CSL. Even though I never received said letter.

sTrAnGe...

 

Any debt transfer is ineffectual until the debtor is given a NoA, this however can be delivered by the assignor or the assignee and there is case law for this. There is not much information required to be on the actual NoA, they just have to advise you and if a date on it is mentioned then it MUST BE ACCURATE, also case law for.

 

S.

[Dekkerboy]

Should I report them to OFT, etc, or bide my time on this?

[the_shadow]

Should I report them to OFT, etc, or bide my time on this?

 

The OFT wont actually take on any complaint for a normal person, I'm afraid they just like to ruin test cases and log the details of any problems in some mysterious file that must get lost when it comes to renewing the licences perhaps?

 

Anyway I digress, the OFT will store the complaint for whatever purposes they deem fit I presume.... Trading standards are supposed to be taking up CCA issues with firms but I've not seen any of that so I would be more inclined to complain to the OFT and also to quote the relevant sections of the debt collection guide back to CSL in the next letter I send back to them.

 

S.

[Dekkerboy]

I've already fired an email off at CSL earlier this evening with the relevant details, etc so I'll see if they respond. I may call Consumer Direct aswell as I found them most helpful when CSL were harassing me with phonecalls.

Many thanks for the advice, I'll keep posted as to how it unfolds...

 

Thanks again

[the_shadow]

Cool, dont discount trading standards... they were supposed to take over CCA issues during one of the budget cuts recently so push them to do something for their money

[Dekkerboy]

Just received a letter from CSL saying they've temporarily put collection on hold. However, concerning my CCA, they state:

 

"If you have received a copy of your Terms & Conditions since sending your request to our client, then please note sending this documentation fulfils our client's obligation to provide you with copy of aggreements/applications under the Consumer Credit Act 1974.

 

I can confirm that the Consumer Credit Act states that a copy contract can exclude certain features i.e. a signatory box see below.

 

'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 you are allowed to omit from the true copy. First, you can omit any information that is not required to be provided 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 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'"

 

Hmmm.... Does this therefore mean that Crap1 can send a few bits of stuck-together jargon and pass it off as a CCA?

Surely I would have a right to be provided with my signature and date of signature?

How does this relate to Section 78 of the CCA?

 

Can anyone advise me?

 

Bless

[Dekkerboy]

I originally sent my CCA request to the Debt Collector... should I instead have sent it to the original creditor?

[cashins]

I originally sent my CCA request to the Debt Collector... should I instead have sent it to the original creditor?[/QUOTE]

 

No, they claim to be representing Cap 1, their duty is to pass the request to Cap 1.

 

I see you have had the FINAL WARNING letter including threats of charges if they go to court. If they are true to form, the next letter will say something like 'do you need more time' with yet another offer. That is the last in the letter sequence before they give it up.

 

David