Metropolitan Collection Services Ltd

[Seahorse]

I find it absolutely incredible that anyone representing a creditor and advising on matters of law, is NOT fully conversant with the CCA 1974. I include both the creditor's in-house legal team, and any solicitor advising said creditor.

 

This begs several questions then, not least of which is, are we really expected to believe that this is an act of incompetence to make the statements as witnessed by Richard? And if it is not down to ignorance of an Act, which with all due respect should be bread and butter to these people, what other explanation could there be? Might I go so far as to suggest that any company who replies to a debtor that the Act specifically excludes the requirement to comply with the Act, is guilty of attempted fraud?

 

I would welcome any other interpretation, as it is quite possible I am being somewhat naive.

[Seahorse]

Sorry Liz, I almost forgot this thread since I hadn't subscribed.

 

Yes, if they are in default, and as the debt is in dispute, you certainly may cease payment. Write to them telling them that this is what you aee doing, along with the reasons for doing so. And it might be useful if you add in that, of course you will be more than willing to recommence a payment regime, as and when they can prove to your satisfaction the validity and true amount of any debt that may in fact be owed.

[Seahorse]

No, I don't think so Liz.

 

But it should be as simple as writing something like...

as you have failed to comply with my request under the CCA 1974 within the prescribed time frame, I am now writing to advise that you are in default of said Act.

 

As such, I am entitled to cease payments until this dispute has been resolved. I am doing so with effect from this date.

 

Something like that.

 

When was it you sent off your CCA? If it was after 6 April, you will be able to make a complaint to the Financial Ombudsman. In which case, you might like to include in your letter something to this effect. eg

 

You will please let me have details of your complaints procedure, as I am now intending to make an official complaint to the Financial Ombudsman.

 

Their complaints procedure will normally be around 8 weeks, and after this time, or if they send you a letter that amounts to a full and final as far as they are concerned about the outcome of your complaint, bang your complaint in to the FOS. There is a form to download off their site.