Loan collection - third party conduct

tom----_3

Hi,


Not sure whether this is the correct area to post, so apologies if it isn't.


Summary of back story - complaint against original creditor for irresponsible lending, referred to FOS, FOS uphold on first two loans but not on the third as cannot definitively conclude. I have until 10th Oct to accept or reject which gives me time to further challenge the third loan finding.



This third loan is currently sat with a third party collector - SLL Capital. I informed them that the account had a pending complaint, they continued to contact me and attempt collection.


I referred them to the FCA Handbook Rules 2018 (this was at the start of 2019) and specifically to "“A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.”

They responded “Please note that there is no requirement for the firm to suspend action when a complaint is referred to the ombudsman.”


I reiterated the handbook rules and they responded with this a number of times and still continued in their activites. As a result, I informed them that any subsequent contact from themsleves, prior to the complaint being closed by the FOS would incur a £100 admin fee.



Their response was "There is no obligation or requirement to place the case on hold unless the FOS believes it would be appropriate in the circumstances to hold recovery action until the complaint is investigated."

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This is not what the handbook states. I also raised the point that it is not for the original creditor or FOS to contact them to inform them. I had provided the information to them (pending complaint) and it was their responsibility to check themselves. Subsequently they have sent me collection emails, informed me of Default Notices issued and formal demand for payment. Each email I have re-informed them that there is an outstanding complaint, that they cannot continue with collection acitivites and that each piece of correspondence I recieve from them will incur a £100 admin fee.


They finally put the account on hold in June (sending an email to inform me so and incurring another £100 admin fee).




In the event that the FOS doesn't uphold my complaint against the original creditor for loan three and I have to deal with SLL Capital...




Would their conduct be dealt purely by referal to the FCA? Do I have any other options?


The £100 fee was a bit of a moonshot move, but I am considering to pursue this through the small claims court. If I did (I'm happy to pay fees), do I open myself to any costs should the judgement not be found in my favour (ie costs their side)?


Thanks for your time/help!

[Deleted User]

Your £100 admin fee was a bit of a ridiculous move as it's something you've unilaterally made up, so that probably hasn't helped them take you seriously.

You can make a complaint to the FOS if you wish, but you don't appear to have incurred any losses so there would be no point in going to small claims court.

tom----_3

Thanks for the reply zx81- I know but you miss 100% of the shots you don't take!


I have read that costs can be claimed against collectors on the basis of harrassment (which I stated in my emails, "I will also be seeking compensation for my time taken and inconvenience caused by your continued harassment").


Hopefully the FOS find in my favour and I won't have to deal with them, but if I do I may just make a small court claim against them for the fees - if only for the inconvenience of them having to turn up.

[Deleted User]

tom---- wrote: »

Thanks for the reply zx81- I know but you miss 100% of the shots you don't take!

That's true, but you also miss 100% of the shots you take when you're facing the wrong way. And also become increasingly tired.

Remember to factor in the fees for small claims court. You'll need to pay those regardless. Whether you'll also be asked to pay costs for the other side will be down to the court.