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Advice Re: Cca


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Hi,

 

I've finally understood regarding claiming charges back, now it's onto part 2 of my quest to bring my life and finances back under my control.

 

I have a debt with CitiGroup, they have 'sold' the debt to cabot, who have brought in Scot Call. I am currently paying Scot Call £10 per month, although I have informed them that I am in dispute regarding this.

 

After reading many of the threads on here regarding this sort of thing, I feel I may have been a bit premature in paying money to Scot Call.

 

Firstly, I can't see where the 'debt' has come from. I had a CitiCard and got into trouble following redundancy, agreed with someone over the phone to make a one off payment in respect of full and final settlement. (I have nothing in writing) Next thing I know they have passed on the rest of the outstandig amount to Cabot.

 

I'm confused following reading the threads on here. I want to contest the 'debt', and also, would rather be dealing directly with CitiGroup, rather than their dogsbodies.

 

What should I do/send and who do I refer any correspondance to?

 

Many thanks.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Write to Cabot (as you should do to everyone in finances, as months later suddenly the companies " have no records " to your prior phone agreements ) and tell them that you do not recognise the debt, put the ball in their court and get them to prove you owe it.

Secondly write to citigroup and threaten them with court action for the amount of the "debt", as you said you had settled full and final, get them to prove otherwise and also ask for a copy of the conversation that they taped "for training purposes"

If any of the collectors ring you tell them you will only corrospond by mail and hang up, it's easy to file letters, not so easy to file memories.

Put pressure on the parties who are trying to pressure you, they really dont like it, they hate going to court, as proved by selling the debt onto other debt collectors rather than trying to persue you through the courts.

Hope this helps.

IT IS MINE !!!!!!!!

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Hi, thanks for the reply.

 

I take it I should send a CCA request to Cabot, and just a self drafted letter to CitiGroup, I'm fine with that.

 

What about the payments to Scot Call, do I stop them, and how would I get back what I have paid, or is that lost?

Also, if I get Citi to finally acknowledge the payment I made to be full and final settlement, would this then stop me from claiming backl the charges from them? I'm most worried about this as the charges will total somewhere around the £1000 mark.

 

Thanks

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Sorry for seemming impatient, but any help is greatly appreciated

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Hi, thanks for the reply.

 

I take it I should send a CCA request to Cabot, and just a self drafted letter to CitiGroup, I'm fine with that.

 

What about the payments to Scot Call, do I stop them, and how would I get back what I have paid, or is that lost?

Also, if I get Citi to finally acknowledge the payment I made to be full and final settlement, would this then stop me from claiming backl the charges from them? I'm most worried about this as the charges will total somewhere around the £1000 mark.

 

Thanks

 

Re Scot call write to them telling them you are stopping payments until legal action is concluded, get Citi to acknowledge in writing that the settlement was full and final, if they do not do this then sue them for the differance and this will let a judge decide, Citi wont like this and may settle before it gets to court, if all goes well and you know what charges and when they were charged to you then a month after they acknowledge your debt is settled chase them for the unlawfull charges.

This is what I would do, if you do it it will be at your risk but if you lose you would only be in the same position as you are in now.

IT IS MINE !!!!!!!!

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OK,

 

How about looking at this differently.

 

If I start a claim for charges to be paid back, could i then still advise scotcall that the debt is in dispute and stop the payments, or should I send them a CCA?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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I would stop paying scotcall as the debt in in dispute, I would not try and reclaim charges until the dispute part is sorted unless the 6 year period is up soon.

What is the term CCA you use ?

 

Id take it to be a CCA request letter to the DCA or creditors with a £1 P.O. or cheque whoever own the debt, it requests under the Consumer Credit Act for them to supply proof that you owe the debt, proof you have admitted to oweing the debt in writing signed by you if its in dispute and they should be able to supply a copy of the original credit agreement under the consumer credit act(correct me if im wrong anyone lol):)

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Thanks for the replies.

 

Does anyone have an address for Scotcall?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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How does this letter read?

 

Please amend as you see fit, thanks.

 

Dear Sirs,

RE: Customer Reference Number: **********

I write regarding the above collection reference number.

I take this opportunity to advise that the monies you are collecting on behalf of your clients Cabot Financial (Europe) Ltd are now in dispute. I also advise that I will be making no further payments towards the balance of the disputed amount, as from the date of this letter, until the dispute is resolved.

Any payments I have made to you do not constitute admission of any monies owing. I advised your your agents on more than one occasion that I did not recognise this balance, however I feel I was bullied into making the payments by your agent using obvious scare tactics i.e. mentioning courts, CCJ's, defaults, etc.

Please note that I will only correspond via letter, and that any approach to my property via one of your agents will result in me filing a claim for harassment and trespass.

May I advise you that it would be in your own interests to pass this disputed debt back to your client.

Yours Sincerely

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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