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Hi

 

I sent a CCA off to EOS Solutions on 15th march which wasn't signed for but they returned my £1.00 cheque and CCA LETTER on the 20th march with a compliments slip which said "Please note that we are unable to provide a copy of agreement, therefore we have ceased action on this account.

 

Great I thought, until today when I recieve in the post a letter from Golds Solicitors who have exactly the same address as EOS which says:

 

We have now been instructed by EOS solutions Plc, to recover the above outstanding debt from you. We are now preparing a county court claim for issue in the Northampton County Court. Once this action has been instructed you will become liable for both the outstanding debt and legal expenses.

They then say I can prevent this course of action by paying the full balance within seven days:shock: .

 

They have already said they do not have the agreement so can they still do this?

 

Any advice on what to do next would be greatly appreciated.

 

Thanks...

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Send them something like this but adapt it to your circumstances

 

Dear Sir/Madam,

 

Ref No: xxxx

Account number: xxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from whoever your debt was originally with and the DCA.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

{Name}

Also I would include in it that you have previously corresponded with EOS Solutions and include a photocopy of their reply to you if you've still got it. So they are in breach of the Act already (12 working days from receipt of your CCA request) and will soon commit a criminal offense (after the 12 working days are over another 30 calender days).

I would also suggest that you point out that if the the original copy of the credit agreement has not been kept (i.e. disposed of) this is in breach of anti money laundering regulations and you will report them for this (they are supposed to keep any such agreements for 6 years after the account has been closed).

This is a very serious offence and is punishable by imprisonment. It is also against the FSA guidelines. The FSA are obliged to pursue any breach of their guidelines.

Hope this helps......oh yes send it recorded or even better special delivery (next day delivery before 12pm) and if after this they phone you record the details of when they phoned you and report them to the police. There are quite a few posts on here dealing with harassment and how to stand up to these people I would spend an hour having a look at other peoples threads in the debt collectors forum.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Penny have a look at this thread re harassment. The letter on the 2nd page 4th post down should help you.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/82435-vampyra-halifax-1st-credit.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks rory I will send them a letter straight away, just wasn't too sure what to put so you've been a big help and I will definately send it special delivery cos they never signed for my last letter when I sent it recorded and I know they recieved it. Do I need to resend the £1.00 fee and start the 12 days again or tell them they have already defaulted on my cca request?

 

Thanks again for your help.

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No the 12 days starts when they originally received the CCA request whether they signed for it or not. They received it by implication as they wrote back to you saying they couldn't produce the agreement. Don't send them another £1 of as they already received payment. Also point out to them that you will not make any payment on the account while the account is in dispute (if you pay them your acknowledging the debt).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi

 

I sent a CCA off to EOS Solutions on 15th march which wasn't signed for but they returned my £1.00 cheque and CCA LETTER on the 20th march with a compliments slip which said "Please note that we are unable to provide a copy of agreement, therefore we have ceased action on this account.

 

Great I thought, until today when I recieve in the post a letter from Golds Solicitors who have exactly the same address as EOS which says:

 

We have now been instructed by EOS solutions Plc, to recover the above outstanding debt from you. We are now preparing a county court claim for issue in the Northampton County Court. Once this action has been instructed you will become liable for both the outstanding debt and legal expenses.

 

They then say I can prevent this course of action by paying the full balance within seven days:shock: .

 

They have already said they do not have the agreement so can they still do this?

 

Any advice on what to do next would be greatly appreciated.

 

Thanks...

 

Just copy the letter from EOS saying they don't have an agreement and remind them that as solicitors that they should know very well that they can't obtain a judgement without the agreement. Throw in the words "vexatious litigant" somewhere too.

 

You could of course CCA them and attach a copy of the "no agreement" letter to the CCA request and that they should return your payment if once again they're unable to provide a copy of the agreement.

 

Good luck, Dave.

  • Haha 1

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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Thanks Dave and Rory for your replies I'll get a letter sent tomorrow morning. Do you think that the court action threat is just a scare tactic then cos it seems strange to cease action one minute then threaten court action the next:-? .

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Very good point Dave.

Penny I think this paper explains what Dave is getting at quite well by his vexatious litigant quote.

http://www.tsol.gov.uk/Publications/scheme_publications/internal_guidance/vexatious_litigants_policy.pdf

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Don't forget, if you can get 2 or 3 "no agreement" letters that you can then start using them rather than CCA'ing each time a new monkey comes along, they'll get the message eventually!

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Yes court action is just a threat - if I had a penny for every time a DCA's solicitor had threatened to take me to court I could probably pay off all my credit cards. Funnily enough they've never taken me to court it's always been the other way round.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Try this - amend to suit

Dear Sir/Madam

Ref;

I enclose a copy of the letter that I sent to your client on 21st August 2006. As you will be aware this debt is in dispute and unproven, your client is in default on this matter and until they reply with copies of the requested documentation, this debt is unenforceable.

I refer to your clients letter letter dated 20th Sept 2006 with regards to the above debt whereby Premier Man acknowledge that as they are unable to provide requested documentation under the CCA 1974. I also enclos a copy of this letter for ease of reference .

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance

I therefore suggest that you liase with your clients before you send me any further demands for money.

Yours faithfully

Consumer Health Forums - where you can discuss any health or relationship matters.

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Brava :D

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Penny,

When you've got time you may want to have a look at this http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft298.pdf

It outlines the Director Generals views on certain debt collection practices. These views also apply where they have instructed someone to act on their behalf i.e. a solicitor.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well I sent a letter to golds solicitors this morning so we shall see what they come up with next. I also sent a copy of my original request and a copy of their letter saying they are unable to supply the agreement.

I think they have rang today while I was at work cos their number is on my caller i.d again but I put in the letter about not contacting me by phone so I hope that stops them calling.

 

Thanks for the link rory I'll have a look at that later.

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  • 2 weeks later...

god EOS Solutions that one rings a bell, ther nothin but pains in the neck they hassled me evryday even tho i sent a letter of harrassment so ive sent another one. someimes they ring and wen i answer they put the fone down, i think they want me to call them so it doesnt look like harrassment

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Yes, they are a nightmare but hopefully I wont hear from them anymore.

Did you send them a cca request? I did and they said they didnt have it so they ceased action on the account until they got their solicitors on to me(they had the same address and phone number as EOS) so I sent them a letter basically saying they had defaulted on my cca request and not to hassle me on the phone and all has gone quiet since:) .

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no i didnt actually, i sent a 40 day data protection letter to freemans (it was them i had the account with) with the 10 pound cheque for all info they had on me and told eos solutions i had done that

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  • 3 months later...

Well, it's been three months since I last heard from Golds Solicitors and even longer from EOS solutions so those letters have definately worked, I'm just waiting for some other lovely DCA to come along.:)

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I've been dealing with these mugs for years! They also use the names; Logic Group, Collection Agencies, EOS uk Holdings and other variations of this, which they seem to change every year or so. Gold's Solicitors is another one, and is just to scare you, as you'll see they all have the same address and telephone no. The last time I checked, they're not even registered as solicitors!

 

Do NOT be tempted to speak to them on the 'phone. They will say anything to get money out of you. Before I found these forums they would literally have me in tears, reaching for my debit card to make an interim payment to stop them sending the bailiffs round.(If I'd known then.......)

 

They've cashed my CCA £1 cheque and also my SAR £10 cheque, and returned nothing but a statement balance and a full and final settlement. I stopped payments about two months ago, and they haven't rang for about six weeks. However, today I received another statement showing principal debt, paid to date and outstanding balance (I now have over a dozen of these!)

 

Don't let them harrass you. If they were going to take you to court they would have done it by now. Will keep you posted if anything else happens. Hope everything works out.

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Thanks for that Twaddle.

I was the same as you, as soon as they caught me on the phone they would scare me into making an arrangement with them and I believed everything they said, until I found this site that is. They've been on my back since last year but all has been quiet for about three months, I'm sure they'll make a comeback under some other name though.

Good luck in your dealings with them, hopefully they'll get the message soon.

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