Clarity Credit Management Solutions

Charliebrown

Hi All,
I am after some advice.
I have recently received a letter from a company called Clarity (Clarity Credit Management Solutions), saying they are acting for Cabot Financial (Europe) Ltd. They say they have been instructed to to make arrangements for me to repay an outstanding amount off £1,917.18.
I sent them a standard CCA request as follows:-
[FONT=Verdana, sans-serif]I do not acknowledge ANY debt to your company[/FONT][FONT=Verdana, sans-serif]. [/FONT]
I am in receipt of a letter requesting, payment of an outstanding balance for £1,917.18, (copy enclosed). I do not acknowledge this debt to your company and am completely unaware of the account you speak of. I there fore 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 ???????????. This fee is not to be offset against the amount allegedly owing under any circumstances.

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.
Sincerely,
I have to day had a reply as follows.
Thank you for your recent letter. For us to establish if you are the person we need to speak with concerning this matter, please confirm your address history for the past 10 years.
Once this information has been confirmed we will then be able to provide the necessary information. Please find enclosed your payment of £1.00 as this will not be required.
I do not really want to give this information, do I have to, & what is the next best course of action, any information would be very help full.
Regards
Charliebrown.:beer:

Tixy

Hi

Do you think it is your debt?
The onus of them is to prove you are the debtor not for you to prove you are not. I would agree there is no need for you to give them these details. I would reply with the prove it letter (which incidentally is what you should really always send prior to a CCA request if you dispute that a debt is yours) - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

fermi

You are not required to supply them with anything.

I would just wait and see whether they comply with your request.

Why did you make the request?

Were you unsure whether this was your debt? Or just wanted to query the agreement?

Interesting that they ask for a 10 year history. If this was your debt, might it be statute barred anyway?

Charliebrown

Hi Fermi & Tixy
Thanks for your posts,
I am unsure if the debt is mine, I had some financial issues over 6 years ago, but thought I had sorted them all out. To answer the question, why I sent the CCA request,
a) Was it my debt?
b) If so who was it originally with?
If I leave it & do not reply, what is likely to happen, difficult I know, but if you could help would be nice to know what to expect.
Thanks again, much appreciated,
Chaliebrown

Charliebrown

Hi Again,
Help!!!, need some more advise, I sent off the prove it letter, as follows.

Dear Sir or Madam:
[FONT=&quot]
I do not acknowledge ANY debt to your company[/FONT] [FONT=&quot]. [/FONT]

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

I would point out that I have no knowledge of any such debt being owed to yourselves or Caboot Financial (Europe) Ltd.

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

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

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

I look forward to your reply.
Sincerely,

I then received a nice reply on 07/12/10, which reads.

Thank you for you letter dated 30/11/10
I would like to confirm when tracing our company utilises a service provided by the major Credit Reference Agencies. This service is data protection compliant, but unfortunately this does not guarantee it will locate the person in question.

On the rare occasions that a miss-trace occurs, we are quick to acknowledge that a genuine mistake occurred and apologise for it. For us to establish if this has happened we would need to speak to you to clarify a couple of points.

I can also assure you that if incorrect information has been obtained by the trace service this will not prove to be detrimental to your credit rating.

Please telephone ********** where we can settle this matter.

I didn't reply to this either, but then received another letter in the post dated 03/12/10, which read.

Our client will shortly recall your case for further action. As previously explained, further action could include an agent visiting you at your home or, where this agreement remains legally enforceable, the instigation of legal action to recover the balance.

As time is running out our client has advised us that they will consider any offer, however small, to settle the balance. Settlement could be via a one off payment or a series of payments.

I very much hope that you can take advantage of this offer. However if you are not in a position to do so then you should contact us and tell us about your current situation. That way we can work with you and advise you on the best course of action

We very much look forward to hearing from you. Call us on *************

Not sure what to do now, Ive heard stories about contacting these people on the telephone, once they have your number, they don't leave you alone. I really don't want then turning up at the door either, as I am living at home with my elderly parents.
Please any advice would be welcome.
Regards
Charliebrown

barbiedoll

"As time is running out, our client will accept an offer, however small"

Yep, even if it IS your debt, which it probably isn't, it's definitely statute barred.

I think that you can safely ignore this one, they're either fishing or they know that it's you but that the debt is too old to enforce.
:j

Charliebrown

Hello all again,
Just wondered if anyone had some advice on what step to take next, I received this morning another letter (wonderful Xmas present) from Clarity Credit Management Solutions Ltd, as follws.

YOUR RESPONSE IS REQUIRED

Regrettably we have been unable to agree with you a mutually acceptable payment plan.

If this agreement remains legally enforceable the next course of action available to our client is the issue of legal proceedings to recover outstanding monies. They will consider the most appropriate method of enforcement available to them through the courts.

THIS COULD BE YOUR LAST OPPORTUNITY TO DEAL WITH THIS MATTER WITHOUT THE INVOLVEMENT OF SOLICITORS, UNLESS WE ARE ABLE TO REACH AN AGREEMENT WITH YOU REGARDING PAYMENT WE WILL RECOMMEND TO OUR CLIENT THE MOST APPROPRIATE COURSE OF ACTION

In the event that legal action is taken we believe that our client will be successful in obtaining a County Court Judgment in respect of this debt as, to the best of our knowledge; you have no valid defence to their claim. Once they have obtained Judgment they may seek to obtain repayment through one of the following methods:

. WARRANT OF EXECUTION (Followed by an explanation)
. CHARGING ORDER (Followed by an explanation)
.ATTACHMENT OF EARNINGS ORDER (Followed by an explanation)
. THIRD PARTY DEBT ORDER (Followed by an explanation)
. ORDER TO OBTAIN INFORMATION (Followed by an explanation)

I have asked for the CCA, & also sent the prove it letter as listed in previous posts, I did send in the wrong order, but they have not sent a copy of the CCA, so I don't know who the original debt was with, if it was mine.
I'm not sure what to do next, I am positive that any debts I had were from prior to 2003, so pretty sure is statute bared, do I send the Statute bared letter or just sit tight & see what they do.
Any advice would be greatly appreciated.
Regards
Charlie

fermi

http://forums.moneysavingexpert.com/showpost.php?p=39267708&postcount=5

Tixy

Useful link Fermi - thanks

Charliebrown

Hi, Trixy & Fermi,
Sorry for the delay, just want to say thank you for the reply, Think I am going to send a copy of the letter that you posted the link to Fermi. See what happens, I will let you all know. Once again thanks.
Regards
Charlie
:beer:

Waynoo

Hi Charlie,just wandering what the outcome was as im also getting hassled by Clarity.