UPDATE 2! EquiDebt & CAS & NOW Marlin & Advantis - HELP PLEASE!

fermi

Typical fckwit response from a debt collector.

You referred to the FOS and that it was not your debt in the complaint right? Then complain to the FOS if they are still being a nuisance 8 weeks from when you made the complaint.

Or you may be able to get the FOS to write on your behalf in the meantime.

See: http://www.financial-ombudsman.org.uk/consumer/complaints.htm

We can help by contacting the business for you, and telling them about your complaint. phone our consumer helpline on
0300 123 9 123 or 0800 023 4567

Monday to Friday – 8am to 8pm
Saturday – 9am to 1pm
we'll be happy to phone you back

cc to admin@advantiscredit.co.uk

asmwp

Hi, I have not yet actually made a complaint to the FOS, should I do this now?

fermi

asmwp wrote: »

Hi, I have not yet actually made a complaint to the FOS, should I do this now?

For a formal complaint you have to wait 8 weeks from your complaint letter to advantis.

But as said, if you give the FOS a call now then they will often write a letter to the collector before then. Collectors often pay much more attention to that.

asmwp

Ok, so what should I do about the fact that they have said they have suspended action for 21 days as the account is in dispute and if they have no repsonse from me they will automatically hand it over to their recoveries department? This is really getting upsetting now! :-(

And I really appreciate your advice by the way, sorry if i come across as blunt but i am getting very stressed aboutthis! :-(

fermi

I would repeat your complaint via email, stating that you have no knowledge of the debt, and their refusal to recognise this will be reported to the OFT and the FOS.

Plus of course give the FOS a ring to see if they will write at this stage as well.

asmwp

This is getting ridiculous, somehow they have managed to get hold of my mobile telephone number. They have now phoned me twice asking me to confirm my address. The first call was Saturday 28th July and they asked if they could speak to me by name and I said yes then they told me who they were and asked me to confirm my address which, fortunately, I flatly refused to do telling them I am not the person they are looking for. The only response to that was the woman saying that she will note my lack of cooperation and I replied 'OK' and promptly hung up.

I have received a second call today at 9am asking the same and before anything else was said I asked who they were, they said Advantis and asked for me by name again, this time I simply told them that I was not that person and they had a wrong number. Her reply to was that the number would be removed which I doubt will happen. Are they allowed to do this?

asmwp

AND yet a third call today! Even after I told them they had the wrong number!

fermi

What did the FOS say when you called them?

asmwp

To be honest, I have been working away from home and as yet have no been able to call them as I do have all of my paperwork to hand. Hopefully I will be able to to do that this evening once I get back home. How on earth they go my mobile number is beyond me, it is not even registered in my name as it belongs to a company i work for!

asmwp

Ok, I have rang FOS, this is the summarized reply;

'We cannot help you unless you can tell us what the debt is related to'

How do I do that without requesting a copy of the original agreement which is pretty much the confirmation that they want?

regards the phone calls;

'You can contact the Information Commissioners Office, reference privacy for the Indivudual on 0303 123 1113'

This not verbatim as I may have misheard something that was said.

regardless of my doing anything is not the onus of proof their responsability?

What now, do I wait for their recovery department to get in touch again, and see if they include details of the debt?

What happens if I send the usual £1 'send me the orignal agreement' details, wont that be proof of aknowledgement of said debt?

One thing I did forget to mention is that they state that the last payment on this debt occurred on 24/12/2008, what does that mean? If this drags on does it mean that so long as I aknowledge nothing until January it will become statute barred anyway? So even I did ask for proof then that would, in itself, be aknowledgement of said debt and would then reset the statute barred clock?

This is getting very frustrating. :-(