TSC Credit Management - rotherham - outstanding rent arrears to a HA

[supertramper]

Hi all

 

Had a letter from these guys today fairly standard re an outstanding debt except that it says

 

"As we can assist you with the repayment of this debt by a arranging a Regulated Credit Agreement with a minimal charge for setting up the agreement....."

 

Never heard of this before anyone got any ideas about them or advice as to the best way to proceed, I would be grateful.Thanks.

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[supertramper]

Hi Curly

 

Firstly the debt is for unpaid rent from a Housing Association long story that I would prefer not to go into so there would not have been any credit agreement to start with, so which letter do you think now please?

[supertramper]

Hi all

 

I have posted on this before but am struggling a little bit with a company called TSC Credit Management in Rotherham,

they have recently contacted me by letter and now today they are calling my mobile every two hours re some outstanding rent arrears to a housing association.

 

Their letter says

" As we can assist you with the repayment of this debt by agreeing a Regulated Credit Agreement with a minimal charge for setting up the agreement,

it is important that you phone us immediately."

 

This concerns me dreadfully as I have never heard of this before and I am unsure as to which letter to send them,

I have no problem acknowledging the debt I admit that it is mine but I just feel like this charge thing will add to my problems.

 

As per some earlier suggestions I have not spoken to them on the phone and am quite happy to let the answer phone pick up their calls,

would be grateful if someone could give me some advice regarding this.

 

Thanks

[Curlyben]

Try this one on for size.

Edit as needed:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

All further communication must be in writing as telephone calls will be ignored and logged for further action.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[supertramper]

I have drafted this letter as I do owe the money but have just swept it all under the carpet - I am willing to pay as I have now started to sort myself out financially, any suggestions would be welcomed

Dear Sir/Madame

I am writing to you reference your later dated 17/08/2007 re my outstanding monies owed to ...................., whilst I am prepared to take full responsibility for this debt and to pay it back at a reasonable level, I am concerned by your mention of a Regulated Credit Agreement and the fact that you wish to charge me for setting up an agreement. I have spoken to Debt Advice regarding this who have suggested that this may not be entirely helpful to my present situation as it does not sound like you are offering me a way of repaying the debt just increasing the amount that I owe.

I would be grateful if you could clarify this situation for me and I would like to inform you in writing that I do not wish to be contacted at any time by telephone and insist that all communication between us is in writing. I look forward to hearing from you in due course.

Yours truly,

[vandermerwe]

Just another DCA.

 

Go to TSC CM | UK Debt Collection and Recovery Agency to suss them out.

 

What about posting Curlyben's letter on their 'contact us' page?

 

Better get Curlyben's opinion first though.

 

Good luck.

 

Vandermerwe

[Curlyben]

This is a DCA that is chasing you, you MUST ensure that they have the legal right to collect this debt, otherwise someone else will be along to claim you owe it to them.

 

Edit - Thanks for the vote of confidence Vander.

[supertramper]

So I do this by sending them your letter, will that provide me with the clarification from the Housing Association that they have passed on the debt?

Should the HA have let me know that they were passing on my debt?

[Curlyben]

Spot on.

I know it sounds harsh, but NEVER trust the word of a DCA.

They WILL say anything to get payment out of you.

[supertramper]

Thanks CurlyBen

[supertramper]

Curly do I say the Housing Association or the debt people,sorry.

[Curlyben]

I'd say the DCA and go from there.

[supertramper]

What do you make of this regulated credit agreemment thing though and the charge?

[Curlyben]

What they are trying to do is get even more money out of you.

Say you owe £100, they would setup a "loan" at 10% APR so you'd end up paying £100 + interest.

As it stands they are unsure about enforceability, if it is at all, so they are trying to convert it into an enforceable agreement. This way if you default they can start court action against you.

[supertramper]

So do I deal with them if they prove that they can collect or do I refuse, I am happy topay back the monies but it is over 2500 so would be even more money - am doing ok with money now so can afford to pay them back about 50 a month - is it worth me approaching the HA direct?

[Curlyben]

If they prove to YOUR satisfaction then yes, arrangement payment.

DON'T sign up to a credit agreement whatever they say as this will end up costing you more money.

If possible try and deal directly with the HA.

[2Grumpy]

Is it legal for a DCA to be offering credit to sort out a debt?

 

Grumpy

[supertramper]

Grumpy I was wondering the same thing!!!!!!!!!!!!!

[make them aktiv runners]

Personally, I think it is best to start with Ben's letter rather than admit the debt. It buys you a little time to sort yourself out more for a start.

[2Grumpy]

Yes

Go with CB's letter while you try to sort yourself out

[supertramper]

Have sent the letter guys thanks for all your input