Debt managers (services) ltd and Restons Solicitors

[redroy]

You may be interested In the battle my partner has been having with the above companies. It started in Dec 2016 with phone calls from DML which we blocked, then in Jan 2017 the letters started alleging she had a £53.99 (yes 54 pounds only) owing Next Directory. We disputed it and sent the "Prove it" letter with a £1.00 postal order. They sent the PO back, saying it was not necessary and asked If my partner had an association with an address in South London. No true copy of an agreement with Next Directory has ever been received or even been mentioned in any of the threatening letters since. There is a lot more to come

[redroy]

To continue the above, we wrote again to DML in March 2017 using the template on the forum relating to the Financial Ombudsman Service and eventually received a reply stating we had not responded to their query about the London address. They stated under their complaints procedure this was their final response. Note no mention of the copy of the agreement with Next Directory. We were given six months to refer the case to the Ombudsman. Thinking that was the end of the harrassment we did not do so. This was a big mistake as on 5th May we received a letter from Restons Solictors threatening court action. We replied stating that the case was still "in Dispute" as in the Sixteen months since our request for a true copy of the Next Directory agreement none had been received. We also includes copies of the two letters sent to DML (including a copy of the £1 PO) and their replies.
I then phoned both the FCA and the Ombudsman and was given leave to send a second complaint letter by the Ombudsman. The FCA also expressed an interest particularly as No true copy of any agreement with ND had ever been received. At the FCAs request I then sent copies of all the letters to date relating to this case. We are now waiting for a response. Is there anything else we can do?

[redroy]

Hi again, the Restons solicitors letter was received on the 5th of May 2018, nearly one year after the last letter from DML. Also at some time perhaps in early January 2017 DML Posted a default on my partners Noddle account. We tried three times to get it removed as the case was " in dispute" but DML refused. We have letters from Noddle to prove this and have sent copies along with all other letters to the FCA.

[redroy]

Hi, I just checked and the Restons letter of 27th April 2018, but received on the 4th May, states it is a letter of Claim sent pursuant to the Pre-action Protocol for Debt Claims. I have replied as above but should I also send them a copy of the letter I sent to DML?

[redroy]

Hi, I have now sent a copy of the DML letter to Restons so they Can't Claim ignorance. I also, on the advice from National Debtline, I filled out Restons Pre-Action before Protocol for Debt Claims form and got my partner to sign on an Anti-tamper strip. I asked for a TRUE copy of the alleged agreement as DML had not provided one in the last sixteen months although we sent a proper legal request with the £1 postal order. The PO was sent back by DML saying it was not required but with absolutely No Mention of any agreement at any time since. Now We are waiting!!

[Amethyst]

Do you feel like you're just talking to yourself here Redroy ? Apologies for missing your post.

So Debt Managers are, via Restons, chasing a Next Directory Debt of £50+ that you do not recognise. You have sent a formal CCA request which has not been responded to and you now have the pre-action debt protocols letter and have responded to that disputing the debt ( again) and requesting copies of documents. Plus you have open complaints in with FOS and FCA about Debt Managers behaviour.

Have you checked on your credit file at all through this ? anything show on there?

[redroy]

Yes My partners Noddle file shows a default for the £53.99 posted by Debt Managers. It appeared about the same time as we sent the "Prove It" letter in Jan 2017. We have tried three times to get it removed but DML refuse.

[redroy]

I have also written to Next Head Office today requesting under the new GDPR rules any data or information they may have. Note way back in Feb 2017 when I phoned Next Directory Customer Services they said this alleged debt had been assigned to DML in July 2016 and we should go to DML for the information.

[Amethyst]

On Noddle does it show the default date ? That seems like it would be 2015/2016 and it just shows from when debt managers started reporting.

The GDPR/Sar should help when you get it back


Also does this South London address appear on your credit file as a linked address or anything ?

[redroy]

No. The Noddle default by DML only shows my Current Address and the date of default as 06/09/2013. Today I received another letter from DML With again NO copy of the Alleged agreement. It again askes me to confirm that my partner had an association with the Address in London. Note on my Noddle credit report of the18/01/2017 there was no default by DML. It only appeared on the 27/02/17 report so after my "Prove it " letter dated 26th Jan 2017.
With regard to DML using the request for confirmation of any previous address as a reason for Not sending a true copy of the alleged agreement for over sixteen months, surely they have broken the FCA rules?

[redroy]

On the second page of the DML letter they mention including a copy of their Internal Complaints Process. This was not included. Shall I request it?

[redroy]

I don't quite understand why DML are asking about this address as it is there in the Noddle report for all to see. Ahah I have just spotted a link posted by DML in the report posted on 1/02/2017 for an address with house number # when my partner lived at a different number. Can it be they have a wrong address on the alleged agreement? If so surely it is not a valid agreement.

[Amethyst]

Morning Having a read back .....

[Amethyst]

Okay so there is no court claim on this, just DML writing to you chasing a Next Directory debt which you don't recognise at all, and seems to be originally opened at an address which is not yours and a CCA request has gone in and not been responded to, DML do seem to respond to CCA requests with queries over addresses so I think their database purchased from the original creditor is poor quality.

The default will fall off the file in Sept 2019 regardless, so that's all fine - it is normal for DCA's to start reporting with different credit reference agencies to the original, annoyingly.

[redroy]

Hi, Thanks for the reply. We do have a letter of claim sent pursuant to the Pre-Action Protocol for Debt Claims from Restons Solicitors dated 27th April 2018 given until the 29th May to respond. We have filled out form attached requesting a true copy of the alleged agreement. No response has been received.
I would really like to E mail you some of these letters if possible as they make everything a lot clearer.
In my last letter to DML, dated 27th May 2018, I stated " You (DML) keep on requesting if I had any association with an address in ------------- using this request as delaying tactics. I am now taking legal advice to see if this is any defence for totally ignoring the Legal and Proper request for a TRUE copy of the alleged Agreement since my letter of 26th Jan 2017. (CCA request)