Creditor Not Replying To Correspondence

SPELLKASTER

Having problems with a creditor.

I have written to them asking for a copy of valid credit agreement, copy of default notice, deed of assignment and deed of novation.

Under FCA Guidelines it states that:-


CONC 6.5 Assignment of rights



Application



CONC 6.5.1R01/04/2014



This section applies to a firm with respect to consumer credit lending.



Notice of assignment



CONC 6.5.2R01/04/2014


(1) Where rights of a lender under a regulated credit agreement are assigned to a firm, that firm must arrange for notice of the assignment to be given to the customer:
(a) as soon as reasonably possible; or

(b) if, after the assignment, the arrangements for servicing the credit under the agreement do not change as far as the customer is concerned, on or before the first occasion they do.

[Note: section 82A of CCA]


(2) Paragraph (1) does not apply to an agreement secured on land.

(3) A firm may assign the rights of a lender under a regulated credit agreement to a third party only if:
(a) the third party is a firm; or

(b) where the third party does not require authorisation, the firm has an agreement with the third party which requires the third party to arrange for a notice of assignment in accordance with (1).


[Note: article 17 of the Consumer Credit Directive]

To date, the creditor has not replied, and have been placing multiple defaults on my credit agreement every month.

I went into an IVA on the 1st June 2012 but was never sent a default notice. The IVA has since failed as I didn't want to pay their rip off fees.

I have also sent the creditor a Section 10 Notice asking them to stop processing my data again this has been ignored.

I've had to raise a dispute with my CRA Noddle that the account information is incorrect.

Because the creditor has failed to comply for documentation that the debt exists, what can I legally do as its affecting my credit rating?

AndyBSG

When you wrote to them how did you send the letter? Also, did you send a formal SAR(Subject Access Request)?

If you sent it by standard post they can claim they never received it.

You should send it with a Royal Mail 'Proof of Postage'. Do NOT send it recorded delivery because they can just refuse to sign for it.

Once you have done that if they fail to reply within the required time frame(I 'think' it's 28 days) then you can write to the FCA.

Also, I suggest that you use Google to find out the address of the companies 'Data Controller' and address the letter directly to them

sourcrates

Hi,

Did you make a formal CCA request to the creditor, and include the £1 statutory fee ?
You won't get copies of the deed of assignment, or of deed of novation.

If you want copies of everything a creditor holds on you, then a SAR is the way to go, include the statutory fee of £10.

You can't make individual complaints to the FCA, the FCA are the regulator, not a dispute service, that role is taken by the FOS.

However you are entitled to a copy of the default notice, and proof of the debt when asked, that does not necessarily mean the credit agreement though.

The creditor is not placing new defaults every month, just recording the default history of the account.

Your only option is to follow the creditors complaints procedure, or make a correct formal request for information, if you didn't do that originally.
If all else fails, and/or 8 weeks have passed, then complain to the FOS.

SPELLKASTER

I have sent 3 written requests to the creditor, and all were sent recorded delivery and all letters were signed for.

They are putting defaults on my credit file every month as its quite clearly showing a D each month.

I have raised this as a dispute with Noddle.

The creditor has failed to respond for the information that's being requested.

As they have not shown any proof the debt exists and are damaging my credit file where do I go from here?

The FOS are a waste of space, went with them previously on 2 separate complaints and they sided with the other party so I refuse point blank to use that service.

sourcrates

SPELLKASTER wrote: »

I have sent 3 written requests to the creditor, and all were sent recorded delivery and all letters were signed for.

They are putting defaults on my credit file every month as its quite clearly showing a D each month.

I have raised this as a dispute with Noddle.

The creditor has failed to respond for the information that's being requested.

As they have not shown any proof the debt exists and are damaging my credit file where do I go from here?

The FOS are a waste of space, went with them previously on 2 separate complaints and they sided with the other party so I refuse point blank to use that service.

Ok, is it your debt, do you recognise it ?

or,

are you saying this debt is not yours, nothing to do with you, and the creditor has mistakenly allied it to your details/or its a fraudulent account ?

SPELLKASTER

sourcrates wrote: »

Ok, is it your debt, do you recognise it ?

or,

are you saying this debt is not yours, nothing to do with you, and the creditor has mistakenly allied it to your details/or its a fraudulent account ?

The debt was originally a Littlewoods catalogue.

I am not disputing the debt just want to see proof.

I am just angry that the creditor has not responded to my requests for information and is putting defaults on my credit file whilst showing no proof of the debt.

sourcrates

SPELLKASTER wrote: »

The debt was originally a Littlewoods catalogue.

I am not disputing the debt just want to see proof.

I am just angry that the creditor has not responded to my requests for information and is putting defaults on my credit file whilst showing no proof of the debt.

Who owns the debt now, I'm assuming Littlewoods have sold it on ?
Can I has at a guess at motormile finance by any chance ?


Also, you haven't answered my original question, did you send a formal CCA request along with the £1 statutory payment ?


Because if you did, non compliance would mean the account is unenforceable until they do respond, if you didn't, non of that would apply.

SPELLKASTER

sourcrates wrote: »

Who owns the debt now, I'm assuming Littlewoods have sold it on ?
Can I has at a guess at motormile finance by any chance ?


Also, you haven't answered my original question, did you send a formal CCA request along with the £1 statutory payment ?


Because if you did, non compliance would mean the account is unenforceable until they do respond, if you didn't, non of that would apply.

The debt was sold during the IVA to a firm called TTI SPC who are run by TDX Group Limited.

I have contacted both with regards to a CCA request and other documentation.

Neither have responded to my requests.

What can I do as they have failed to respond to the CCA request but still placing defaults on credit file without showing proof of the existence of the debt?

sourcrates

SPELLKASTER wrote: »

The debt was sold during the IVA to a firm called TTI SPC who are run by TDX Group Limited.

I have contacted both with regards to a CCA request and other documentation.

Neither have responded to my requests.

What can I do as they have failed to respond to the CCA request but still placing defaults on credit file without showing proof of the existence of the debt?

Not heard of them before, I`ll have a quick look in a minute.


Failure to respond to a request for information just renders the creditor unable to obtain judgement against you in court, they can still ask you for payment, and can still register information on your credit file, however persistent demands for payment, should not be made if proof of the debt is not forthcoming, it could be construed as harassment.


All I can suggest is ring National Debt line or the CAB for advice on what to do next, I know the FOS can be a bit hit and miss, but a quick call to there helpline may be beneficial, they can instruct the creditor to deal with your complaint, you may not like or agree with the outcome of that, but at least it should be resolved.


Also you could bypass TTI, who have the least information I have ever seen on a website, and send your request direct to Littlewoods, who, as the original creditor, would have to deal with it anyway.

SPELLKASTER

sourcrates wrote: »

Not heard of them before, I`ll have a quick look in a minute.


Failure to respond to a request for information just renders the creditor unable to obtain judgement against you in court, they can still ask you for payment, and can still register information on your credit file, however persistent demands for payment, should not be made if proof of the debt is not forthcoming, it could be construed as harassment.


All I can suggest is ring National Debt line or the CAB for advice on what to do next, I know the FOS can be a bit hit and miss, but a quick call to there helpline may be beneficial, they can instruct the creditor to deal with your complaint, you may not like or agree with the outcome of that, but at least it should be resolved.


Also you could bypass TTI, who have the least information I have ever seen on a website, and send your request direct to Littlewoods, who, as the original creditor, would have to deal with it anyway.

Thanks for the above.

The default on my Noddle credit report is listed as TTI SPC.

I might give the FOS a call, but I have had a bad experience with them and its making me wary of using the service.

If they try and take me to Court for a CCJ (the debt is only £280) can I put in my defence that the creditor has failed to comply with requests for the credit agreement etc etc?

sourcrates

SPELLKASTER wrote: »

Thanks for the above.

The default on my Noddle credit report is listed as TTI SPC.

I might give the FOS a call, but I have had a bad experience with them and its making me wary of using the service.

If they try and take me to Court for a CCJ (the debt is only £280) can I put in my defence that the creditor has failed to comply with requests for the credit agreement etc etc?

Yes, failure to comply with a CCA request is a full defence against any court action.

As long as you keep written proof of what's gone on.