Strange letter from a Debt collection agency! re:SKY

jamesp_3

I don't see how Sky’s stance on this would hold up in court. I would also be deeply embarrassed about this situation if I was looking at this case at their end.

Sky can't prove that OP's hubby didn't return the credit agreement much like OP can't prove that he did. Sky also can't prove that it was neither lost in the post nor lost internally. What is apparent is that SKY were happy to except payments for over a year and after that agreement was cancelled were happy to remove the equipment, install newer equipment and enter a new agreement. If anything, this accepts liability on their part.

After all, SKY have had plenty of opportunities to resolve the issue previously. Anyhow, how was your hubby to know that they hadn't received it (if he did send it as he says)? How am I to know SKY received and acknowledged the agreement I returned 2 years ago. It is up to the retailer in this instance to report back to the customer that essential information has not been received. The insurance company I work for HAS to make the customer aware that all subjectivities have not been met. If they tried to recoup the cost of a claim 6 years later because a proposal form hadn't been signed the FSA would crucify them.

After all, if your bank doesn't receive your credit agreement or even a valid proof of address then they won't accept your loan application. This is no different.

I feel really sorry for you. SKY have gone down the total disgusting route of getting a debt collection agency involved without any prior contact on their part, most probably trying to bully you into paying. If it was me i would fight them all the way and wouldn’t pay.

James

kaja_3

Hi,

Thanks for enlightening me about this company so far.

I too, received a letter from Lowell Portfolio I.

Here is a copy for ref:

Dear ms patel:

Our ref: xxxxxx
original creditor: creation financial services ltd
Balance o/s: £387.52

We hereby give notice of the assignment of the debt due to us from you in respect of the balance of £387.52 o/s to Creation FS Ltd.

On 06/01/06, your account was sold to Lowell Portfolio I Ltd.

Lowell Financial Ltd have been appointed duly authorised collections agents on behalf of Lowell Portfolio............any payments must therefore be addressed to Lowell Fin. Ltd.

Faithfully, Nigel Beaven.

Now, I also received a letter for Creation FS telling me the same thing. You see, I used to own a storecard from this company. The debt was statisfied some time in 1999 - 2000, though I recently had a huge clearout and destroyed all paperwork proving this.

So, I called both companies. I asked Lowell to send me statements showing me these balances. He also informed me that it is possible for these debts to lay dormant for a number of years; hence they have not contacted me!?! The letter arrived at a previous address (still owned by the family), so I have always had immediate access to post...they have never written to me in the past, so it seems strange that I owe this money all of a sudden. I also called Creation FS, quoting the account number which was on the letter; Anthony X at the callcenter informed me "the name on the account does not match the account number you have given to me". what the hell does that mean...?!? So, I asked him to ask me as many questions as he like to confirm my identity - (note this is to an 0870 number from my mobile!) He was unable to do so and then told me to write to them outlining the problem.

I then called citizens advice, who told me to write a recorded letter to both companies, disputing the debt, adding the fact that Creation FS could not relate my a/c no to name. They also told me to state that I am giving them 14 days to respond. I have done this and am awaiting a response.

My sister has 2 friends with similar experiences. One chap paid the money; hence admitting he owed it. This is now on his credit report and he cannot get a credit card. The other friend requested paperwork and disputed the debt and never heard back from them.

Futhermore, I DO get credit reports from Experian (and have done for the past year). There is no mention of this debt on there, although the storecard IS mentioned on there. Funnily, it is linked to my parental address, so if they had needed to contact me about this debt previously, they could have done so very easily. Seems funny that they have chosen to write to me at a 7year old address?!?

Any further tips/advice would be appreciated,

Kaj

jellycat40

For what it is worth why don't you call Lowell and say it is not a debt you owe but as a gesture of goodwill and to get rid of them you will give them £50 full and final settlement. it seems you did have some viewing so maybe it would be fair on them and get you left in peace.

Best Wishes

Louise

kaja_3

Thanks,

My sister suggested that too. However, at this early stage, it is the principle of the matter. The storecard dates back to my student spending days, so I feel that Creation have made enough money out of me (always paying minimum amounts back then). So, I will continue to battle as long as I can and will consider your suggestion if I cant get them off my back and to save my own time.

Anyone else; this is good advice, though please make sure that you receive this agreement in writing BEFORE you pay the money. It is MUCH more difficult to get the company to sort out any default issues when you have paid them off.

Kaj

Harassed_2

to get rid of them you will give them £50 full and final settlement

NO! Write to them by Recorded Delivery, using a copy of the letter below. Enclose a £1 postal order in payment of the statutory fee.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 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.

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.

kaja_3

ah shi*,

I have written to them via recorded delivery, disputing the debt. I have given them 14 day deadline and asked for statements to show my alleged debt, though have not followed this up with anything (should they decide to ignore my letter or take more than 14 days to respond).

I think they will have the credit agreement or be able to get hold of them from Creation FS, (as I DID have the storecard).

What do you suggest?!? Should I send a follow-up, more formal letter?!?

Kaj

Harassed_2

Yes, you should send the more formal demand. That way, if they ignore it, you have full documentation to go to Trading Standards with.

They have 12 days to supply the information, if they don't supply by 30 days it becomes a criminal offence. Report them after that time delay.

kaja_3

Ok,

Noted and will be actioned tomorrow. If they decide not to respond within 30 days, can I claim for compensation? After all, they have now costed me time and money.

Thank you kindly,

Kaj

Harassed_2

You could always launch a small claims action. The relevant law for supply is explained in Halsbury's Laws of England.

The creditor under a regulated agreement for fixed-sum credit, within the period of 12 working days after receiving a request in writing to that effect from the debtor and payment of a fee of £1, must give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,

(1) the total sum paid under the agreement by the debtor; (2) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(3) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due....................
........ If the creditor under an agreement fails to comply with the provision he is not entitled, while the default continues, to enforce the agreement, and if the default continues for one month he commits an offence"
The offence is punishable on summary conviction by a fine not exceeding level 4 on the standard scale:
i.e £2,500

kaja_3

Thanks,

You have been most helpful.

lets wait and see what happens.

Kaj