Do debt collectors charge interest?

fuzzgun19

I received this letter back in May 09, and haven't heard anything since (apart from the monthly statement with interest & charges added).



I replied with this -

[FONT=Times New Roman, serif]I refer to your letter dated [/FONT][FONT=Times New Roman, serif]5-May-09[/FONT][FONT=Times New Roman, serif] in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.[/FONT]

(They cashed the £1 cheque :rolleyes:)

... Over the last few days, I have started to receive phone calls (2 that I know of) from creation.
I have sent the 'only in writing' letter on two occasions over the last 18 months, and thought it had worked until now.

I was not in when they called, but my husband took the call.

Seeing as this debt is not enforcable and they can't provide the credit agreement "due to a system anomaly", what is the next step?

Can I report them for starting to call me again.. if so, what do I write?

fuzzgun19

**Bump**

GeorgeUK

I would remind them about the letters should they call again stating that all communication must be in writng or you will report them to ofcom and whoever else you had threatened to inform.

As the debt is unenforcable, you just need to wait until you have not made payment for 6 years at which time the debt will be statute barred and still unenforcable.

fuzzgun19

Creation are still calling at least once per day.

I have reminded them about the letters I sent back in May, but they conveniently 'haven't received anything from me'.

If I now report them how do I go about it... what do I write, is there a template anywhere?

fuzzgun19

**Bump**

GeorgeUK

Before you report them to the regulators, you first need to go through their own official complaints process.

Did you send the letters by recorded delivery?
If so, quote the number you have proving that they received the letters.

Write, making an official complaint and if this does not rectify the situation, then you can approach the people you threatened to contact in your letters.

fuzzgun19

Creation have now passed this on to Wescot debt collectors.

I have sent them a CCA request also, and they have replied with the following -



Creation have already stated they cannot provide the agreement, so is there a template letter anywhere that I can send to Wescot to tell them this? I'm not sure how to reply.

DarkConvict

Wise words from fermi, the DCA, whether they own or are acting on behalf of a creditor is still responsible for the CCA request. If you have proof of delivery (you must have, as you have a reply) they are now within the time limit set 12+2, then 12+2+30. http://forums.moneysavingexpert.com/showthread.html?p=26867731#post26867731

fermi wrote: »

If a DCA has bought the debt, then they are legally the creditor by law and must provide the CCA.

If they are just acting for the OC then the law says the must forward the request and payment on to the OC.

Either way, refusing the request and saying that you must contact the OC is bullsh*t. Plain and simple. Just tactics to try and avoid there responsibilities.

---

A DCA collecting a debt on behalf of a creditor is an "agent".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the DCA claims to have been assigned the debt then.......

189. Definitions.
“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

fuzzgun19

Thanks, so which template should I reply with?

And they have returned my £1 postal order, so where do I stand with that?

They won't just let it go will they..

DarkConvict

There is no template, you can either send them a letter written yourself stating the above.

Or wait for the 12+2 days and send NIDs template remainder. It includes that fact that they should have replied, it just does not yet quote the relevant law. http://forums.moneysavingexpert.com/showthread.html?p=26867787#post26867787