frenchvECI

[frenchgg123]

Hi, everyone.

wow what a help you all are!!

can anyone help?

I have a debt which I am currently paying off monthly to ECI (dca). this debt i tried to argue before that I had settled it previously in 2001 though I could not find any records.

A default appears on my credit reference file from Kings Hill (no1) limited, Cabot financial Europe ltd. 10/09/01 for £482.

file updated 24/12/06

I am paying off £780 to the DCA, i guess interest and charges.

Should I stop payments and request a copy of credit agreement etc and with hold any future payments until the dispute is settled.

I guess i have acknowledged the debt though in the beginning i tried to argue it saying that i had paid it, my dad can confirm this as he gave me the money.

I do not want to pay it twice how they they execpt me to keep copies of letters from 7 years ogo if they cant.

any advice greatly appreciated.

[shieldblaster]

I am assuming that the default and what you are paying is the same debt? If so CCA the DCA first before withholding any payment. The onus is on them to then prove the debt via original CA..if you withold payment now and the debt is legal and above board you will be defaulting again

[lookinforinfo]

You are a little light on some details and time is running out under the six year rule.

Who was the original debt owed to-and when did you think you paid it off?

Send an sar to the original creditor to find out how much the debt was when

it was passed to Kingshill and you may even find out how much in unlawful

charges were added to your account by them. These charges are reclaimable

so the quicker you write, the more details you should receive.

 

Also send a CCA request to ECI as Shieldblaster correctly stated to find out

whether they have the right to collect the debt and to learn how much has

been added to it-and whether those added charges are legitimate.

 

Keep us updated on your progress and the responses you get. Though it is

possible that the main target will turn out to be Kingshill/Cabot as many on

this forum are only too familiar with them.

[frenchgg123]

the original debt was to Halifax for an overdraft that i had whilst working full time in 2000/2001.

I thought I had paid off the debt in feb2001. when i was living in guernsey the baliffs came around to my dads house and my dad then paid a settlement fee of £780 when we paid the fee we asked if they would confirm the debt was settled they said they did not do that.

 

I have written to halifax asking for my previous bank statements which I should receive by 14 May 2007.

 

do i also SAR request them as I sent payment for they statements.

 

I shall send CCA tomorrow to ECI recorded delivery.

[lookinforinfo]

When one says "settlement figure" it often implies that the creditor has agreed

to accept a smaller figure than the actual debt, but that amount is paid

quickly.

If that was the case, it sometimes happens that the creditor sells on the outstanding balance to a debt collector which is pretty underhand. That is

why it is important that you keep receipts and letters of confirmation of

full and final payments of debts to prevent collectors chasing you again for

money that you have already agreed was sorted some years before.

 

 

If Halifax have agreed to send your old statements going back that far then

fine-but I will be surprised if they will do it for nothing. As you are not

currently thinking of taking Halifax to Court, there is no need to send an sar

as well as your earlier request. However if it looks like you may need to go to

Court [to reclaim unlawful charges levied by them] then it will an advantage

to send them an sar then.

[frenchgg123]

sent cca request to ECI 8th May. do i follow the same rules 12 day breach and 30 day criminal offence, when do i with hold payment if at all if they dont produce the requested docuements. I have been paying installments since january therefore acknowledged the debt, did not say that i did not acknowledge the debt do not want another default just saud that i was requetsing the docuements and stated under the legisaltion what i was entitled to.

 

How best to deal with these DCAs ?

 

also dealing with Ruthbridge, differnt debt.

 

both on behalf of Cabot financial europe ltd, SAR request sent 8th May.

[frenchgg123]

hi,

received reply from ECI today stating:

We have today received a reply back from our clients and they have asked us to advise you that they are unable to obtain copy applications or statements from the Halifax. We hope this clarifies the position.

I have been paying this debt for the last few months and have paid £300+.

 

Should I with hold payments? as they are unable to produce the required docuements.

 

Can I reclaim the money I have already paid?

 

There is a defualt on my Credit File can I get this removed?

 

help!!!

[lookinforinfo]

That is an extremely quick response. But by admitting that they cannot

produce the original executed agreement, it follows that they cannot prove

the debt in a Court of Law.

As they are not yet in default, it may be better to write to EC1 saying that

the t have indeed clarified the position. So much so that you are aware that without the executed agreement. they cannot prove the debt. Therefore,

you are serving notice that you will not be making further payments until

the documents are produced. In addition, you are asking them to remove the

default from your credit record as it is clear they have no mandate from you

to process your data.

 

Reclaiming monies paid i, I believe more problematic. If there is a debt, and by

you paying them, it would appear implicit that you thought there was a debt,

then it would be hard to justify repayment. However, I note that you have

sent an sar to Cabot. I suggest that you also send one to the Halifax and

check both of their responsesto see if there have been any overpayments, or unlawful charges applied, and reclaim those.

 

Send Ruthbridge a CCA request and see how they react.

[ScarletPimpernel]

When I complained, the reply was from J S Soutar, ECI's General Manager - it may be useful to address your letter to him.

[frenchgg123]

Have cca Ruthbridge. they broke 12+2 day rule on 10 May and therefore criminal offence on 10 June. They have tried to speak to me but i have refused to discuss the matter on the telephone, they then informed me that they would send someone around in 14 days to discuss the matter and would be advising their client (Cabot financial Europe LTD) to pettition me for bankruptcy.

 

No supprise this is who ECI client is.

 

Have SAR Cabot, they have cashed the cheque by not yet sent my docuements.

[ScarletPimpernel]

Don't forget to initiate formal complaints against all concerned, via the FOS scheme, when the time limit expires.

 

From experience, ECI will fail to acknowledge the complaint within the time allowed (5 working days), and won't send you a copy of their complaints procedure (required), all of which simply eats into the 8 weeks allowed for them to resolve the complaint.

[lookinforinfo]

I suppose that Ruthbridge made the bankruptcy threat over the phone?

If that is the case write to them confirming the gist of their phone call.

 

Dear Sirs,

I am writing in response to your phone call of .....May. During the conversation your agent informed me that your company would send someone round in fourteen days to discuss the matter and would advise your client

Cabot to institute bankruptcy proceedings against me.

 

You will surely be aware that you have yet to comply with my CCA request. As your company is in default, no proceedings can be undertaken

until the request has been complied with. I would like your assurance that

no such proceedings will commence until you have provided the required

documentation. Failure on your part to confirm that none of these measures will be taken to pursue me until I have received the executed agreement etc will result in a serious complaint to my local Trading Standards Office in order

to prevent you from your attempts to harass me.

You have fourteen days in which to reply, before I make my complaint. I

would also advise you that should you send anyone round to speak to me

they would not be welcome and you would consider their presence on your

land as trespass.

 

Yours Faithfully,

 

Frenchgg123

 

Let us know when you receive theri reply.

[frenchgg123]

Received letter form ECI stating that my account is on hold and will look into my complaint and respond within 5 days.

 

please tell me what is the next step?

I have requested that the default be removed and that they stop all processing of my data etc, etc what time limit do they have?. If they fail to reply to me when and who should I complain to?

[ScarletPimpernel]

ECI have acknowledged your complaint, so that's in line with the FOS rules. Did they provide you with a copy of their complaints procedure, as they are required to do?

 

Anyway, wait until they come back to you again, and see what they say. Ultimately they have 8 weeks, unless they provide a 'final response' prior to that.

[lookinforinfo]

Wait and see if they respond within the next week.

 

You have them where you want them. Unless they can locate the executed

agreement, they are dead in the water.

If they don't respond, give them one more chance. Demand that they remove

the default pointing out that when they get tothe stage where they have committed an offence, and they still have not removed the default, you

will then complain to Trading Standards for breaching the Act.

You may also take them to Court where they will face a criminal record and

a fine of up to £2500. Their choice.

 

Shame it wasn't Ruthbridge as you could threaten them with bankruptcy just

for the sheer hell of it.

[frenchgg123]

received a letter from Cabot today asking me to confirm details, the only one I have actual details for is the Halifax that ECI are collecting, when I telephoned them they informed me that the original debt was for £475 on a previous statement of account ECI have increased it up to £750.72 an extra £275.

When I was on the telephone the lady was really nice and helpfull and said she would look into it for me and send me my SAR. she also said she only has one record of me at a previous address.

The account is now on hold with ECI whilist they look into my complaint! any extra advice on the next step will help.

[lookinforinfo]

Do not deal with any of these DCAs by phone. You need to restrict them to

dealing with you in writing only.

 

I must confess it is getting a bit confusing with three separate DCAs involved

with two debts. I know it is easy for you since you have been more closely involved with them for months perhaps years, but it is much more difficult

keeping track when one is also trying to help others on the forum too.

 

As I understand it EC1 have said that they cannot comply with your CCA request. EC1 are therefore not on hold. They either remove the default or

face prosecution. Their choice.

 

Ruthbridge are in default and so cannot pursue you for any money until they

produce the required documents.

 

Whatever Cabot send you will perhaps be wasted unless Ruthbridge can

supply the executed agreement etc by the 10th June.

The reason being that if the original contracts for both debts cannot be produced, then it is difficult for you to reclaim any charges when you are in

the position of not accepting that the debts exist.