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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have been harrassed by a debt collection company for over

Resolved Question:

i have been harrassed by a debt collection company for over 6 months. i have never heard of the company or the original creditor listed before. i replied asking for a subject access request to be forwarded to myself. They refused to supply it stating i had called the debt fraudulant. they suspended the account for 10 wks. within 30 days another letter stating it had been escalated as i am being un-responsive. i complained to the financial ombudsman about their behaviour. the dca just completely ignored it. i wrote an official letter of complaint asking for legal proof, why they ignored the 10wk suspension etc. their weak reply again stated i had called the debt fraudulant and i had to write back to confirm it was not ( in other words, admit the debt is owed ) and the suspension was a clerical error. they will give me 3 wks to sort it or they will re-start the demands. where do i stand to make them prove the debt and for once get a serious reply and answer to them.
the 'escalation' went to a company that operates out of the same building with the same telephone number. i asked for an explanation none was forthcoming.
i have every correspondence and reciept of recorded delivery of every letter sent.
any help would be appreciated as i am hitting a brick wall with these incompetent idiots.
many thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you know whether this is for a credit card or loan please?

Customer:

no idea im afraid, only thing i know is the original creditor is HFC.

Alex Watts :

Ok - then you should write with a cheque for £1 and ask for a copy of the agreement under the Consumer Credit Act.

Alex Watts :

They must provide it within 12 days.

Alex Watts :

If they do not then they can NOT take any further step

Alex Watts :

They are unlikely to have the agreement - so you don't need to worry

Customer:

but they can serve me on my credit file?

Alex Watts :

No, because if you dispute it then you can take them to Court and seek a Court order to make them remove any adverse information.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

sory, sounds silly, but i have tried everything to get a copy of the agreement and they point blank refuse but keep sending threatening letters and demands.

Alex Watts :

Yes but you asked under the Data Protection Act - subject access request.

Alex Watts :

So you need to request a copy under the Consumer Credit Act.

Alex Watts :

Its different legislation

Alex Watts :

And you must send a cheque for £1 or postal order

Customer:

thank-you very much, will try that.

Alex Watts :

Can I clarify anything else for you?

Customer:

no, will reply with the information you have supplied. thank-you.

Alex Watts :

Great. Can I help with anything else today?

Customer:

no, many thanks, ***** ***** appreciated.

Alex Watts :

Great. If I could ask you to rate my answer today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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