Debt passed to another collection company whilst in dispute

spikescot2005

I disputed a debt that was being collected by Fredrickson international. Yesterday i received a letter from Credit Resource Solutions LTD who are now trying to collect the debt. I have also received phone calls to myself and at work.

The dispute was never resolved and still stands. As far as i understood a debt could not be passed on to someone else whilst still in dispute.

Any advice on what letter to send then and how to stop the phone calls at work as it is causing problems for me.

Thanks in advance.

immoral_angeluk

How long ago was the dispute? Was what the last correspondence you had from frederickson?

spikescot2005

The dispute was placed last year and again this year when they retried to collect the debt.

The last i heard from Fred Int was a letter asking me to phone them which of course i didn't

DarkConvict

Why was the debt in dispute.

Dispute over CCA? - http://forums.moneysavingexpert.com/showpost.html?p=30356257&postcount=19

As to the Phone calls.
At Home #1 - http://forums.moneysavingexpert.com/showpost.html?p=23624437&postcount=2
At Home #2 - http://forums.moneysavingexpert.com/showpost.html?p=23625447&postcount=8
At Work - http://forums.moneysavingexpert.com/showpost.php?p=32921483&postcount=2937

spikescot2005

The debt was in dispute as they would not provide a CCA or statement of account.

I have adapted the letter for phone calls, does this seam ok?

I am writing to you to formally request that you cease calling me at my place of work and home.

As already informed this account and its alleged agreement is in dispute and will remain so until such time the requested information is received.

The Office of Fair Trading (OFT) clearly states that you cannot cause me embarassment, harass me or pursue a disputed debt, to which I feel you are doing.

I therefore demand that these calls cease effective immediately.

I await your prompt response.

immoral_angeluk

So they asked you to contact them and you didn't, even in writing?
Not surprising they passed they debt on in that case, I'm guessing they presumed you no longer wished to continue the dispute and weren't making payments so they passed it to another DCA. You'll have to raise a new dispute with the new DCA now and make sure you follow it through, involving the FOS, OFT if necessary.

spikescot2005

So they asked you to contact them and you didn't, even in writing?
Not surprising they passed they debt on in that case, I'm guessing they presumed you no longer wished to continue the dispute and weren't making payments so they passed it to another DCA. You'll have to raise a new dispute with the new DCA now and make sure you follow it through, involving the FOS, OFT if necessary.

A response was made in writing several times to which they did not respond

spikescot2005

The above letter was sent last week but i am still receiving phone calls (voice messages) asking me to phone them. I also sent them a letter pointing out the dispute and requesting the requested information but received no response. Any advice on what to do next?

DarkConvict

Use the actual telephone template, it refers to the DPA 1998. Which is law, and if they fail to acknowledge that request the ICO can be brought in. In the mentime get in touch with the OFT to carry on your dispute over their behaviour. They have failed to provide proof of your liability, the CCA or statement of the account even though multiple requests for this information has been asked for.

spikescot2005

I just gave them a phone to check if they had received my letters. They informed me that they had received them but refused to remove my contact numbers until i setup a payment plan. In the mean time they have put the account on hold while they get the information requested.

Do you think i should send this letter anyway:

Dear Sir / Madam,

Account No: xxxxxxxxxxxxxxxxxxxxx

I am writing to you to as I have already formally requested in writing and via the telephone that you cease calling me at my place of work and home. I am disappointed that you have not acted on this formal request and still call me at home even though I have formally requested that this does not happen.

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by 24/07/2010. I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

I await your prompt response.

Yours faithfully,

David_Brent

spikescot2005 wrote: »

The above letter was sent last week but i am still receiving phone calls (voice messages) asking me to phone them. I also sent them a letter pointing out the dispute and requesting the requested information but received no response. Any advice on what to do next?

"You will be deemed to have been served notice of my request and I will deem it served by 24/07/2010. I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence."

I don't think there is much you can do to be honest until you reach the quoted date then you can start recording calls and logging them to pass on your complaint to the Information Commissioner etc. THough I'm pretty sure if you ask them to remove your phone number as a form of contact they are obliged to do so as they only need your address as a contact if requested by you? I'm sure someone on here will know and help you.

Have you kept a copy of your letter sent this will come in usefull when sending off your complaint and if...it ever goes to court.