Help needed with Grattan.

dizzy_lizzie

Charlie1986 wrote: »

Thanks Dizzy Lizzy, I have tried this but Grattan have blocked his online account :rolleyes:. I am going to write them another letter today and hopefully get this sorted out.

Ooh I didn't think they could do that the rotters. Good luck with it all, it's not nice when something like that's hanging over you. At least you'll feel great when it's sorted...and it will be.:D x

Charlie1986

Just to update: I emailed Grattan giving them 14 days to supply the information I have paid for and I recieved a quick reply saying the email had been passed to the relevant department, they have until this Friday.

Charlie1986

I am in the process of reporting Grattan to the information commisioner but have recieved a letter today saying that 'as I am aware there is an outstanding balance of £25 on the account and the account has now been sold by EOS debt solutions to another debt company but EOS are still dealing with the account' They have completely ignored the fact that they cashed my £10 cheque requesting all the charges on the account and still have not provided this. Is there anything else I can do?
Many thanks

Charlie1986

Any ideas

fiveyearplan

I know this is frustrating for you being ignored by Gratton like that. How much do you think the charges are on the account? The £25 they say you owe must be some form of charges since you have paid off the account. I'm sorry, I really don't know what to advise. I suppose carry on reporting them to the information commissioner (is that the office of fair trading?)

Charlie1986

The original amount was for roughly £40 and I'd say so far we have paid £120 minimum and now this £25 they have some how managed to add. I feel like hitting my head against a brickwall right now :rotfl:

moonlightpjs

Copy of reply to your PM

Hi Charlie
I am presuming the letter you sent was a SAR (subject access request) as you have paid the £10 fee - correct me if I'm wrong. They should have then responded within 40 days with copies of statement of accounts etc listing all charges and so on. I think my next step would be to send the letter below to EOS solutions, in my experience they have backed down very quickly and passed the account back to the OC, I would also request a copy of you partners CCA (Consumer Credit Agreement) directly from Gratten, speaking again from peronal experience it is likely you will not hear from them again.

Send this letter to EOS Solutions, amend the details, eg DCA name, as necessary and as always, send recorded delivery.

I must admit that I am rather bemused as to why this account has been passed to EOS Solutions as it is in dispute with the (enter name) and has been since (enter date).

Not only is this a breach of OFT collection guidelines, but also a breach of the Consumer Credit Act 1974 and the Data Protection Act 1998

As (enter name) are now in default of my Subject Access Request, I consider this account to be in SERIOUS DISPUTE.

As EOS Solutions cannot lawfully pursue any enforcement activities on this account, I would respectfully suggest that this account is returned to the (enter date) for resolution of of my Subject Access Request.

If EO Solutions chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

You will also be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with (enter name). Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint procedure.

I would appreciate your due diligence in this matter.




Hope this helps, if I can be of any further help just shout x Good luck

moonlightpjs

CCA Request letter, amended to suit your circumstances

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I 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 £1 in payment of the statutory fee.

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, therefore if I do not receive evidence that I owe your company any monies by (enter date), I will have no hesitation in passing your details to the Office of Fair Trading.

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.


Allow them 12 working days from postage plus another 2 - if your receive any more letters, keep hold of them and a log of any telehone calls. After this date, if you are still getting hassle, PM me again and I'll give you another letter.

Charlie1986

Just to update, have recieved a letter from EOS saying thank you for providing them with the information Re Grattan, they can confirm that the account has been passed back to Grattan and there will be no further action or correspondence from them.
:j
Now just waiting for Grattan to reply, though I don't hold out much hope :rolleyes:

exil

This illustrates the fact that not only banks are involved in this OFT case, but any organisation with which you have a credit agreement - utitlities, shops, catalogues, car dealers, etc. For instance, if you stop paying for your car - would repossesion be seen as a breach of the relevant act?