Call Serve/Credit Security - Does Anyone Have Any Info on These? "WON"

[Brassed off]

Am posting this as a new thread as have received my credit file from Equifax today and am confused as to whom I'm paying what.

 

Some years ago I was unable to work due to illness and got into extreme financial difficulty.

 

Basically, as it was so long ago, I cannot remember who the original creditors were but after receiving my credit file today, wonder whether anyone has any info on Call Serve or Credsec. They are based in Aylesbury, Bucks.

 

They were originally written to by the CAB, due to my illness, (CAB are sending all relevant info on them shortly), but from the letters I have in my possession, they have simply written to me in February 2006 stating the I have ignored repeated applications for settlement (when? never received anything from them - unless, of course, they wrote direct to the CAB). They say that they are writing re Debt Managers Ltd - Yorkshire Bank. Think this was originally a Bank Loan but do not recall ever having received a Deed of Assignment from the Yorkshire Bank. Further letters were then sent saying that I have ignored recent letters (honestly - never had any!).

 

Last letter received in March 2006 saying that unless they received a payment and repayment proposal by 20th March 2006 that a claim would be prepared for issue in the Aylesbury County Court for the debt and stating that they would issue a CCJ.

 

Not being aware of this site, I wrote to them and said I would pay £5 a month toward the debt and gave them my account details. Received nothing in writing from them but they were taking £5 a month from my account.

 

Just found yet another letter which I had kept a copy of from myself to them offering to increase payments to £10 a month (they must have been harrassing me by phone at the time) and that I had telephoned them but there was no reply on their office number. Unfortunately, I had omitted to put a date on my letter so don't know when I sent it.

 

So upon receiving my credit file from Equifax, was looking through and noticed that there is absolutely nothing on my file about Call Serve Ltd (or "Credsec" whom I am paying a direct debit to through my bank).

 

Any advice would be extremely welcome. Because of this site, I am extremely curious now, especially when I did telephone their office and there was no reply.

 

Obviously, I will be CCAing them this weekend but who are they?

 

Help!!

[Brassed off]

Bumpety Bump ! . Only just found out what this meant today;)

 

Could really do with the info please

 

Brassed Off

[lookinforinfo]

They have surfaced a few times on the forum and appear to be pretty inept.

Sene a CCA request to them.

You didn't say if Debt managers/yorkshire bank appeared on your file with a debt listed. If they aren't mentioned, I would stop paying them straight away.

And don't let them slide away by saying that they have handed the debt back

when they receive your request.

[Brassed off]

Cheers lookinforinfo

 

CCA going this weekend!!

 

Will look at my credit file tomorrow night - been a bit busy this evening

 

Many thanks much appreciated

[music maker]

Hi, i recently had dealings with this group of numbskulls.

 

They were chasing me for statute barred debt, send them a prove it letter and notice that the debt was statute barred. They continued to harrass me - reported them to TS. TS are still dealing with them - although the letters have stopped now

 

good luck.

[Brassed off]

Cheers Music Maker

 

Watch this space !!!

[Brassed off]

Lookingforinfo

 

Am having early night tonight - will look at my credit file tomorrow night and let you know whether Debt Managers/Yorkshire Bank appear on it.

 

Am just exhausted at mo - never mind, Friday tomorrow

 

Cheers! BO

[Brassed off]

Hi Lookingfor:)

 

There is nothing on my credit file for Debt Managers/Yorkshire Bank listed although I do have correspondence. Will check through my correspondence after tea and advise what in it.

 

Cheers !

[Brassed off]

Hi Lookingfor:)

 

Well, the plot thickens;) . Have found info from CAB who I went to in 2002. This for a Yorkshire Bank Visa Card. CAB wrote to YB who advised balance of £3** in June 2002. They put the account on hold.

 

Next correspondence is from Call Serve Ltd (although address is Credsec House) dated Feb 06. On their photocopied letter it says Debt Managers Ltd - Yorkshire Bank with a balance of £3,756! Saying I have ignored repeated applications for settlement, threatening one of their "collectors" would be calling and threatening legal aciton.

 

A couple of weeks later, another letter "Notice Before Proceeding with Legal Action", saying that if I didn't settle within 7 days they would be commencing legal action asking for payment by crossed cheque made payable to Call Serve Ltd.

 

A week later, another letter saying that if I didn't pay something they were going to apply for a CCJ at Aylesbury County Court.

 

Wrote to them about a week later offering payments of £5 per month and giving my account details.

 

Never heard a dickie bird after that, but they were collecting payments from my account.

 

Anyway, CCA going tomorrow Spec Del.

 

Will keep you posted:)

 

BO

[Brassed off]

Just a quickie!

 

Anyone got a really good CCA letter for this lot:D ?

 

BO

[rory32]

I assume you want a slightly stronger than normal one.

 

Dear Sir/Madam

 

YOUR CLIENTS NAME: XXXX

ACCOUNT NO: 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 (Name of OC) and (Name of DCA)

4. Fair Processing Notice.

 

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.

 

As this account has been in dispute since 06th March 2007 I would also draw your clients attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

The Amount Owed is Not in Dispute.

 

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

 

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

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

 

Yours faithfully

[Brassed off]

Eeh Rory - what would I do without you:D (tried to click your scales again but had a nice little message telling me I had to spread your reputation around before I could click again!!! - what's all that about then? LOL)

 

May have to "tweak" the CCA letter a bit.

 

Only the thing is, I've never seen any correspondence from Debt Managers Ltd, and am just presuming that they are the DCAs as it states in the heading of the Call Serve letters "Re: Debt Managers Ltd - Yorkshire Bank"

 

Lookinforinfo/MusicMaker - any thoughts?

 

BO

[lookinforinfo]

Brassed off- just make the necessary amendments to the letter and send it

recorded delivery. See if you can put the wind up them for a change.

[Brassed off]

LFI - Did it this morning

[Brassed off]

Update - their 12 + 2 days is up today - default, default, default - oh how I love that word. Just about to send letter to cancel DD and opening my post at the same time - guess what?

 

Got a photocopied "tick box" letter from Debt Managers Ltd. Brain not in gear, but don't recall sending a CCA to them (had to go through my files to work out who it was!!!).Presume this is in response to my CCA to Credsec - no reference to them on the letter at all.

 

It has been ticked in the tick box which says:-

 

Other: We have requested a copy of the signed agreement from our client and will revert to you once this is to hand

 

"revert to me" (oh I do wish they'd sort out their grammar)

 

BO

[pjdavies2000]

Hi Brassed,

 

I'm in the early stages of annoying Credit Securities as well.

 

They are chasing me over a debt I did not commit (lol) over a barclaycard. I am pushing them for CCA now and also hitting BCard with a SAR to dig up any other money I can squeeze from them. I wasn't going to bother with BCard, but after receiving that (a few days after beating Barclays) I thought stuff 'em, they can oay me a nice Xmas bonus!

 

How is yours coming along?

 

Peter

 

check out my claim:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/106343-credit-security-limited-davies.html

[Brassed off]

Hi PJ

 

Not much to report - sent CCA to Call Serve on 16th June and received "tick box" letter from Debt Managers Ltd on 4th July (this was on the day that Call Serve defaulted on my CCA).

 

Since then - not a dickie bird - oh well, 30 days on 6th August....tick tock

 

Bo

 

PS - just off to read your thread

[pjdavies2000]

Cheers

 

As you may have read on my thread, they sent me a letter offering to reduce the claim to LESS THAN HALF! Me smells a rat!

 

And to make things even more bizarre, BCard have responded to my SAR on them in double quick time!

 

I should get a reply from Credit Security on the CCA before the end of next week, otherwise they are in default of a legal notice...will keep you informed!

 

How has your default gone? Have they responded at all?

 

Peter

[Brassed off]

Cheers

 

As you may have read on my thread, they sent me a letter offering to reduce the claim to LESS THAN HALF! Me smells a rat!

 

And to make things even more bizarre, BCard have responded to my S.A.R - (Subject Access Request) on them in double quick time!

 

I should get a reply from Credit Security on the CCA before the end of next week, otherwise they are in default of a legal notice...will keep you informed!

 

How has your default gone? Have they responded at all?

 

Peter

 

Hi Peter

 

You're right to smell a rat;). Typical DCA practice I'm afraid, trying to get you to pay a reduced amount as soon as they get the CCA request:p

 

Still no news on mine.

 

My question is though, I have been paying Call Serve since May 2006 and I do not have anything in writing to say that they are legally entitled to collect? They never even acknowledged my letter to them to say that I would make token payments - but started to take the payments from my bank account (Hadn't found this site back then;) ).

 

I've sent the CCA request to Call Serve and they have obviously just passed it to Debt Managers Ltd who presumably were the original DCAs for Yorkshire Bank.

 

Will update as/when/if:)

 

Bo

[Brassed off]

Update - the 12+2+30 days are up today and still nothing from Call Serve or indeed, Debt Managers Ltd (apart from their "tick box" reply advising that they have requested a copy of the signed agreement from their client) - perhaps I scared them with Rory's "slightly stronger" CCA request letter:D

 

Obviously, I am going to reply to them but am not quite sure who to send my letter to as I originally CCA'd Call Serve and received the reply from Debt Managers Ltd:confused: ?

 

I do have a Curlyben special which I've "borrowed":-

 

 

"I am writing further to my request of **date** requesting a true copy of the Credit Agreement under the Consumer Credit Account 1974. However, the reply received by myself does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above alleged account. I may ask for this on demand providing that a fee of £1 is paid. This fee was sent with my original letter dated **date**. Upon receipt of the original request, the specified account legally entered into disputed status.

 

You had until **date** to provide me with the true copy I requested. After that date, you entered into default of my request. Whilst the alleged account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you.

 

Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the alleged account, nor make any further charges. Additionally, you are not entitled to register any information on this account with any credit reference agencies or any third party.

 

The time limits which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request, the account enters into a default situation and if you fail to comply after a further 30 days, you commit an offence. You entered into default on **date** and subsequently committed a criminal offence on **date**.

 

This matter is now a formal complaint and if I do not receive any correspondence from you within seven days (in writing only), I intend to report your conduct to the Office of Fair Trading, the Financial Ombudsman and Trading Standards."

 

 

Yours faithfully

 

Bo

[lookinforinfo]

Brassed off, I would hold back sending that letter for a while longer. Under the

consumer Credit Act, there is a section allowing them more time to produce

the paperwork and were they to do so fairly quickly they might not suffer

too much. The longer you leave it, the more likely the Court may well decide to fine them the maximum [£2500]and you may find that they will compound their sins by perhaps writing to you chasing the debt. Just let the whole thing

simmer nicely for a while-don't pay them anything of course-that should help

to bring them to the boil.

[Brassed off]

Brassed off, I would hold back sending that letter for a while longer. Under the

consumer Credit Act, there is a section allowing them more time to produce

the paperwork and were they to do so fairly quickly they might not suffer

too much. The longer you leave it, the more likely the Court may well decide to fine them the maximum [£2500]and you may find that they will compound their sins by perhaps writing to you chasing the debt. Just let the whole thing

simmer nicely for a while-don't pay them anything of course-that should help

to bring them to the boil.

 

Thanks for that LFI. Was just going to send it tomorrow morning:wink: . Had decided to send it to Debt Managers Ltd as they were the last company to write to me - but not after your advice. May as well give them a bit more rope:-D

 

However, you couldn't point me in the direction of the relevant section in the CC Act where it states that they are allowed more time?

 

Bo

[rory32]

It's not a case of they are allowed more time. They have committed the summary criminal offence but as LFI states the longer their non compliance and the more they try to chase the debt the worse the offence. You have 6 months after they commit the offence to report them to Trading Standards. There is no hurry.

[Brassed off]

Received another "tick box" letter from Debt Managers last week stating:-

 

OTHER: Please find attached copy statements, we look forward to receiving your proposals.

 

Enclosed were three old phototopied statements from 2002. So still no CCA, Statement of Account, etc.

 

As my CCA request was sent in June and I have still not received the Agreement, I have decided to send the Formal Complaint letter detailed in post #20 and given them 14 days to reply.

 

As this is an old Visa card, once I have sent Debt Managers packing, I will go down the reclaiming charges route with a S.A.R - (Subject Access Request) to Yorkshire Bank. Unless, of course, YB can't find my Agreement either;)

[lookinforinfo]

I think it is time to send them your billet doux. Should make their Christmas..............

 

Bit difficult thougn to reclaim your charges when you are refusing to acknowledge the debt. Clever trick if you can square that circle.