Debt collection agency Help

[ftrtom]

I had a catalogue account and in 2007

 

one of my customers partner was sent to prison and she asked if she could pay a reduced payment,

i asked the catalogue and they said yes but would charge her a late payment charge each month

so she refused this and said the catalogue could take her to court and she would pay an agreed amount without any charges set by the court.

 

Instead the catalogue passed it on to a debt collection company who came after me for the money

I told them there was no way I was paying someone else's debt,

 

this went on through different debt company's until 2008 when again another company asked me to get the customer to write a signed addressed letter saying that the debt was hers,

 

i did this and sent it and her payment cards to them by recorded delivery

then I phoned them a week later asking if they had what they needed and they said yes and heard no more from them.

 

I then moved to my present home in March 2009 and now well over 4 years later I have had a letter drop through my door from another debt collection company about this.

 

I should make it clear that all the items where delivered to the customers home address not my address

and signed for by the customer and at no stage have i signed anything saying the debt is my debt

and not one single payment has been made to any company by me.

 

I have composed the following letter to send to this company is it correct ?

 

my address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide

 

I also require a full financial breakdown of the debt.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee for the documents requested. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you fail to comply within the statutory time limit I will report you to the financial ombudsman's office, my local trading standards office, your local trading standards office, consumer direct, the information commissioner's office and the office of fair trading.

 

We look forward to hearing from you.

 

Yours faithfully

 

my name

[BRIGADIER2JCS]

A CCA request will provide a copy of a credit agreement a statement of the account as it is on the day the request is met. and any documents mentioned in the agreement.

 

Any further data relating to the account would be obtainable by making a SAR to the original creditor, as ''full breakdown'' of the account would fall within this definition it is unlikely to be available from a DCA as debts are sold with the absolute minimum of data.#

 

I recall that with these catalogue accounts that if you allow others to purchase items this person becomes YOUR customer not a customer of the catalogue provider.

 

I think this is what will be found in the agreement.

[ftrtom]

So should i remove the request for a full breakdown of the debt ?

 

and is the rest correct and they need to send this information to me in 12 day + 2 for postage from reciept of my letter or they are in default ?

 

Thank you for your help and reply.

[BRIGADIER2JCS]

The rest is fine, I suggest recorded delivery so as to check receipt and address it to the compliance manager.

 

Time scale is 12+2 working days.

[ftrtom]

Thank you, do you mean the compliance manager at the debt company also it is a PO box can i send recorded delivery to this ?

[BRIGADIER2JCS]

Don't us the box number use the head office address, which DCA is this.?

[ftrtom]

Debt Managers LTD Edinburgh

[BRIGADIER2JCS]

PO box number usually indicate a department of a company so just the straight address.

[ftrtom]

Thank you , do I address the letter to the compliance manager of this company ?

[BRIGADIER2JCS]

Thank you , do I address the letter to the compliance manager of this company ?

 

yes.

[ftrtom]

Thank you very much, your stars are double clicked

[dx100uk]

hehe not debt managers ltd...oh scary

 

have you checked you CRA file is nclean on this

 

if so TBH i'd not bother.

 

it wil be experto next

 

DML never respond to any letters anyhow.

 

dx

[ftrtom]

Now I am confused ? are you saying just ignore them and what is a CRA file.

 

I am supposed to be on a local radio programme tomorrow for consumer help but not sure whether i want them to contact this company on my behalf or not.

 

I forgot to add in the first post I made the mistake of phoning them when i got the letter and told them it was not my debt but the customers but kept my phone number hidden and never gave them it.

 

Any help would be appreciated

Edited February 11, 2013 by ftrtom

[dx100uk]

cra file see below

 

its your list of how the financial industry see you.

 

if it s not on there you owe NOWT 9/10

 

they are just trying to fleece you.

 

please dont forget DCA's are NOT BAILIFFS

theyhave NO SUCH LEGAL POWERS

 

dx

[ftrtom]

I cannot see a file is it the Experian credit report ?

 

sorry for being a bit dumb.

[dx100uk]

yes any of them listed below.

 

if you have a card

its instant

but remember to cancel within 30days

 

dx

[dx100uk]

sorry the sigs dont seem to be working on this forum

 

Credit Reference Agencies:Experian Equifax CallCredit noddle

 

 

Sort Your Debts Now - -

here

 

Start Your Own Thread - HERE

 

 

1. Single Premium PPI Q&A

Read Here

2. Reclaim mis-sold PPI Read Here

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4. Ins & Outs of PPI & interest : click_here

5. Feel Bullied by Creditors or Debt Collectors? Read Here

6. Staying Calm About Debt Read Here

7. Thinking of a Full & Final Settlement? Read Here

my views are my own...seek legal advice if ness

NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone

- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.

rather than hittting to be my friend - hit the star

DX

RIP Martin3030

 

there you go

 

dx

[ftrtom]

Thank you very much.

[ftrtom]

OK just done the check, it says my score is 982 excellent but 2 negative factors

 

1 you have an account regarded as default or delinquent

2 you have no successfully settled non - mail order accounts but i assume that is because i pay cash for all my purchases.

 

It says Arrow Global ltd default 3-02-2008 default balance £646 current balance £737

 

I have never heard from Arrow and that was not the company that contacted me after Feb 2008

 

Any advise please, do i still just ignore them or send the letter as above

[dx100uk]

ok in english does this debt show?

 

dx

[oleg]

Arrow buy so-called delinquent debt off creditors but farm out most of the subsequent collection to DCAs including Debt Managers.

I personally would not waste a postage stamp on them, let alone postal order, particularly for so modest a debt, but only you can decide.

[ftrtom]

If you mean in my Credit history Summary, No all clean.

[dx100uk]

if the debt does not show

 

then it either SB'd

or a default on the files has passed its 6th birthday and the account has dropped off.

 

dx

[ftrtom]

It has not been 6 years since the catalogue payments stopped.

[dx100uk]

with in plain terms means no debt exists!!

 

dx