Credit Services Association

ScaredWitless

Has anyone ever had any dealings with the Credit Services Association?

I made a complaint to them a few weeks ago about a member, Drydensfairfax Solicitors asking me for money for a debt owed to their client Max Recovery.

I asked for valid proof of debt.

They refused to supply me with a copy of the original default notice, there is a question mark over the correct default date, a notice of assignment that was provided is invalid on a number of grounds, copy of credit agreement which has now been terminated even though I have not received a termination notice.

The whole thing is very dodgy becuse they can't provide valid proof of debt!!

The CSA have given Drydens 28 days to comply, which I understand is Wednesday 6th September.

If after 28 and Drydens do not comply or respond, what can the CSA actually do please?

Not dealt with them before so wanted to ask.

TIA

DCFC79

Have you asked Credit Services Association what they can do (or what the process is) if Drydens do not comply or respond ?

ScaredWitless

DCFC79 wrote: »

Have you asked Credit Services Association what they can do (or what the process is) if Drydens do not comply or respond ?

Good idea.

Drydens have until Wednesday to respond.

If they don't, I will have to let the CSA know.

I can ask then!!

wizzywig27

DCFC79 wrote: »

Have you asked Credit Services Association what they can do (or what the process is) if Drydens do not comply or respond ?

I think it's safe to say they haven't, lol.

sourcrates

ScaredWitless wrote: »

I asked for valid proof of debt.

They refused to supply me with a copy of the original default notice, there is a question mark over the correct default date, a notice of assignment that was provided is invalid on a number of grounds, copy of credit agreement which has now been terminated even though I have not received a termination notice.

The whole thing is very dodgy because they can't provide valid proof of debt!

Hi,

Lack of default notice can be remedied by sending you another one, it is not in itself a restriction to enforcement action.

Only a court can decide if a "notice of assignment" is valid or not.

Surly your proof would of been the copy of the credit agreement. ?

There is no requirement under the consumer credit act to send you a termination notice, no such thing exists, the default notice would of served that purpose.

From what you've said, although they may be incompetent, they have complied with your request.

The CSA are just a trade association, they do not possess regulatory powers.

ScaredWitless

As far as I understand under section 87,88 and 89 of the consumer credit act 1974, if they can't comply for a default notice they can't issue proceedings.

The credit agreement they sent was too small to be read by the naked eye.

The NOA had no no identifying account number, and had no name or address on it either, and had only 1 signature. The covering letter that was mentioned on the NOA was missing.

So there is a lot of things Drydens havent done correctly.

I also have concerns over the actual default date itself.

ScaredWitless

Section 98 of the CCA 1974 does mention about termination notices. are required to be sent.

Arleen

Which means that they will issue default notice now and then take you to court.

Arleen

ScaredWitless wrote: »

Section 98 of the CCA 1974 does mention about termination notices. are required to be sent.

You have to read legislation in full, not cherrypick:

http://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/termination-of-agreements

Duty to give notice of termination (non-default cases).

(1)The creditor or owner is not entitled to terminate a regulated agreement except by or after giving the debtor or hirer not less than seven days’ notice of the termination.

Does not apply.

DCFC79

wizzywig27 wrote: »

I think it's safe to say they haven't, lol.

I was quite aware this wasnt done hence me suggesting it. Didnt think me posting it in capitals telling them to do so was most ideal or helpful to the OP.

wizzywig27

DCFC79 wrote: »

I was quite aware this wasnt done hence me suggesting it. Didnt think me posting it in capitals telling them to do so was most ideal or helpful to the OP.

Yes, I did gather that...

Imagine if we took your approach to 99% of posts on here...there wouldn't be much of a need for a forum as the 'advice' would be to contact the lender/company/organisation etc.....just saying.