Waiting for replies from debt collectors.

The_Offside_Rule

Good morning all.

I'm after a bit of advice if possible - I believe that creditors have an obligation to reply to dispute within a certain amount of time do they not?

If so, how many days is the time frame and what steps can I take if they have failed?

The creditor in question is MEM Consumer Finance.

Thanks in advance.

fermi

Not a general legally binding obligation in most cases, but....

- You want to take the complaint to the FOS eventually, you have to give the company 8 weeks to make a final response, if they don't respond earlier. No legal obligation for them to respond within the 8 weeks, but if they don't then you can take it to the FOS at that point without having to wait any more.

- You want to take the complaint to the ICO they will normally expect you to have allowed the company at least 4 weeks to respond, and then perhaps some additional time if you then send them a chasing letter.

- There are some time limits when you dispute creditors information through the CRAs: see: http://www.legislation.gov.uk/ukpga/1974/39/section/159

- CCA request under s77-9 of the Consumer Credit Act 1974 gives them 12 (+2) working days to supply information, and where they fail the debt becomes unenforceable by a court until they do.

- 40 day time limit to provide a subject access request.

- Others I perhaps forget.

The_Offside_Rule

Thanks very much Fermi.

So my understanding is thus: As I have repeatedly asked this creditor to provide information regarding my account, which it has failed to do, my next step is to report to the 'relevant authorities'.

Would this be the OFT or the Financial Ombudsman?

Thanks again.

In the meantime, should I write a Notice of Correction to the CRAs?

fermi

What have you requested and how? A little explanation on what you have done and the situation here would help.

OFT no longer exists.

Complaint to the FOS and FCA might be appropriate but need to know more to be able to say if so, and if so how to present and word the complaint. Need to know the nature of the dispute really.

Obviously also involves a matter of something wrong on your credit file, but you don't say what.

chanz4

think it might be about his defaults

The_Offside_Rule

Apologies for the vagueness.

Yes it is regarding defaults. I previously defaulted on a payday loan, but they have put fresh defaults on afterwards, so I have four defaults for one account, but on different dates.

They have clearly made an error but talking to Experian is a waste of time.

Over the last year I have asked MEM many times to send me documentation regarding these defaults which they have ignored.

Thanks.

fermi

OK, in that case what I said about complaining to the FOS and ICO stands. You can complain to both. The FOS regards fairlness of what they have done, and the ICO because recording inaccurate information would be in breach of the Data protection Act.

Any time limits I mentioned for going to the FOS and ICO run from the time you first complained to the creditor about the issue. So if expired already, get on with taking it through the FOS and ICO.

The_Offside_Rule

Thank you Fermi,

I will get on to this tomorrow!