Need help again please, just want to give up.

CurlySue2017 · 15 October 2019 at 9:18PM

I understand what you are saying I'm just worried about how far this is going to go, I know you are right though!
My concern is that he did in fact have a tenancy, the dispute is the end date, however this is going to be difficult to prove (particularly as they seem reluctant to give any info) and if it goes to court and we lose, there will be a much higher debt to pay with costs etc. on top.

The plan was to contact the ICO first to see what they make of them not completing the SAR request and take it from there, in fairness I'd really rather not call the HA to be honest.

sourcrates · 15 October 2019 at 9:38PM

The reason they “seem reluctant” to give any information is most likely because they don’t have any, debt collectors hope you just roll over and pay, they don’t want to have to supply proof, which is exactly why you keep receiving letters saying you’ve not responded, it’s all a part of their tactics.

As I said above, if they took it to court, they would have to provide proof, so if they can’t now, they won’t be able to then, I really would do as suggested above, and make them do all the donkey work.

CurlySue2017 · 16 October 2019 at 9:17AM

I agree absolutely with what you are saying, I just don't know if I have it in me to keep fighting debt collectors and waiting for court papers to arrive, I can't live like that anymore.

Thoughts now have turned to actually going into their offices, taking all the letters that we have sent to them with us and getting someone to deal with us face to face, there and then. It would be around a 3 hour round trip (their local area office is long gone) but we are that desperate to get this resolved, we are tempted to do it.

That way, I would guess, if they have any proof at all they would present it to OH there and then. If they can't do that then it would be pretty safe to assume they have no proof.

If they did produce proof, I could pay the debt for him there on the spot and that would be the end of it. I am loathed to do this and it would affect my budgeting, but as I say, I'm struggling to deal with this and just want it gone.

What do you guys think?

sourcrates · 16 October 2019 at 9:49AM

They don’t work that way, they won’t have any proof, if it exists it will be with the original creditor, normally they would request it from them, you are letting them get inside your head, just send the letter and ignore them unless either the evidence is produced or a court claim is made, that’s the best advice I can give you, and trust me I know how to deal with debt collectors.

CurlySue2017 · 16 October 2019 at 10:01AM

sourcrates wrote: »

They don’t work that way, they won’t have any proof, if it exists it will be with the original creditor, normally they would request it from them, you are letting them get inside your head, just send the letter and ignore them unless either the evidence is produced or a court claim is made, that’s the best advice I can give you, and trust me I know how to deal with debt collectors.

Just to clarify the main points:

I meant phone / visit the Housing Association offices, not any debt collectors.

We haven't heard from any debt collectors yet - all of the letters have been direct from the HA but the last one threatened handing it over to debt collection (I did state this in my earlier posts).

Also this is not a credit debt - there is no "creditor" - it is a housing association chasing a debt for a former tenancy, which I think are treated differently than credit debts?

I get the impression that you are becoming frustrated with my replies and I understand why, but the truth of the matter is that they are inside my head and it is affeting me massively.

I can't help that, sorry.

I am very grateful for your help.

sourcrates · 16 October 2019 at 10:15AM

Apologies, I reply to a lot of posts I was under the assumption this had gone to debt collection already, now I’m getting confused.
Well the advice is the same really, write a formal complaint to them, they must follow that up, try not to let it bother you too much, usually when they don’t respond to requests for evidence it’s because there is non.

CurlySue2017 · 16 October 2019 at 10:40AM

Ok thank you

CurlySue2017 · 17 October 2019 at 10:05AM

I have found a template letter on the ICO website regarding their failure to respond to the SAR (thank you for that link sourcrates) so that will be sent today.

Along with that however, I want to send a formal complaint letter to them regarding the way that they have handled this situation, ie: the fact that they are escalating this to debt collection claiming that there has been no contact when we can evidence that there has and the debt is disputed.

If anyone could point me in the direction of a formal complaint letter that would be great.

Willing2Learn · 17 October 2019 at 1:32PM

Hi Sue

The link below takes you to the FCA handbook. The link is for the section that refers directly to disputed accounts.

If it were me, when I wrote the letter, I would quote directly from the handbook as it is pretty clear that disputed accounts should be suspended during the resulting investigation. I believe the HA should be complying with the handbook rules, whilst having full regard to the additional guidelines.

Hope this helps.

Obviously, I recommend waiting for sourcrates' obeservations on this, as he (or maybe she) is the wisest owl!!

https://www.handbook.fca.org.uk/handbook/CONC/7/14.html

CurlySue2017 · 17 October 2019 at 2:09PM

Willing2Learn wrote: »

Hi Sue

The link below takes you to the FCA handbook. The link is for the section that refers directly to disputed accounts.

If it were me, when I wrote the letter, I would quote directly from the handbook as it is pretty clear that disputed accounts should be suspended during the resulting investigation. I believe the HA should be complying with the handbook rules, whilst having full regard to the additional guidelines.

Hope this helps.

Obviously, I recommend waiting for sourcrates' obeservations on this, as he (or maybe she) is the wisest owl!!

https://www.handbook.fca.org.uk/handbook/CONC/7/14.html

Thank you Willing, that is very kind

I will hold off and wait for a reply from sourcrates as suggested, although I fear that he/she may have 'fallen out with me' for want of a better phrase, due to the fact that I can be very annoying with my constant "what if's"!!

Sourcrates - if this is the case I absolutely apologise, my anxiety takes over sometimes and I can't help but question and doubt absolutely EVERYTHING, but I understand how frustrating that is for others, particularly over a forum where there is no real tone to be read

I always appreciate the help given here, from all of you.

Need help again please, just want to give up.

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