Legal and Trade

[Delta]

Ok, I have just had a mean looking guy on my doorstep about a debt that I apparently have with Legal and Trade (or whatever they are called today).

I told him that I don't owe him any money and he said it was for a crisis loan that I owe the DWP, so the penny drops, he then asked how I wanted to pay for it.

I told him that if the DWP gave me bank account details then I would set up a standing order to have it paid, he then said that they know have the debt and he can come and collect every two weeks.

I told him that I wanted to set up a SO from my bank account, to which he says 'I have the paperwork for that, I fill it in and send it to the office to be set up'

I corrected him on this and said that sounded like a DD and I didn't want that, and to set up a SO I needed the account details so I could set it up.

He then came back with the details? and I asked where the payments would go, he said to his comapny as they HAVE BOUGHT the debt (at this point a light went on!), so I told him that I would be happy to pay the debt provided they can provide me with the deed of assignment or the paperwork that proves they have bought the debt and have the 'authority' to collect on it.

So he told me that he had to get the office to send me that and away he went.

So that's bought me a bit of time, what happens now? will the paperwork show how much they paid? if so that does that mean that I can offer a F&F for a small amount?

Failing that, I have another option, I am self employed and earning zilch, (in fact my income for last year was about £740.) so I could offer the £1 a month..... I am sure that would piff them off.

So over to you guys, I am throwing myself at your mercy for help with this.

[Paule]

Sounds to me like you got the new boy there. seemed very coperative.

Can you contact the DWP to find out how much you owed them?

If you have got Legal & Trades detail I would write to them to confirm that you asked their representative to provide details, to which he ageeed, and that you are also putting the request in writing to back that up.
Also tell them that you request all further correspondance in writing and that you will not enter into any furhter verbal corrspondance, be it at the doorstep or via telephone.

But I think the first step would be to find out how much the original debt was for.
Not sure on the agreements with a crisis loan, and how these are arranged, so i cant really coment on this

P

[Delta]

Re: Legal and Trade

Well after a month since I had the guy on my doorstep I have kinda forgotten about this, anyway this morning I got a letter from Commercial Collection Services, saying that iQor Recovery Services Ltd (formerly Legal & Trade) have asked them to collect the money, very nicely they have enclosed a bank giro slip at the bottom, or alternatively they have also sent me a Direct Debit form.

So off we go again, I am going to write to them (CCS) and ask them for a breakdown on the debt, paperwork showing that they are authorised to collect it, and their bank details so that I can set a payment up via internet banking, there is no way I am giving them a DD mandate, I'm not that bloomin stupid.

It also has in big black letters on the back...

In your present and future interests, you should carefully read the letter overleaf. We must receive your repsonse by 23-08-07.

[Sapphire]

Re: Legal and Trade

Sounds like you've got it well under control hun.

Shout if you need any help.

sapphire

[Delta]

Re: Legal and Trade

Help

I have looked all over the place (but obviously not the right place) for a letter template that I can use to request a Deed of Assignment, I assume that's what I want in this case.... just want to see something that tells me that CCS have the legal right to collect this money. When they guy from Legal and Trade turned up I asked him for some paperwork to prove that he/they had the right to collect, obviously they haven't and thats why they have passed it on. (hmmmm interesting they have done that, if I asked for the paperwork then it's in dispute yes?)

So can someone please either point me in the direction of the letter I need or post something on here for me? Ta muchly, and not being cheeky, but I think I would need to post if off tomorrow.

Fank you all

[Paule]

Re: Legal and Trade

This is what I sent to CL Finance
Its basically a CCA request with the added line for the Deed of Assignment.

To Whom It May Concern:

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 a £1 postal order in payment of the statutory fee, PO Serial Number

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.

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.Regards,


They actually sent me a generic copy in both instances as well

PKea

[Delta]

Re: Legal and Trade

I forgot to update on this, ooops how remiss of me.

Within a week of sending CCL the CCA request (and a pound), they sent me a letter back telling me that they had closed their file on me and sent the account back to their clients (iQor), cheeky buggers didn't send my pound back, so I guess that went in the tea kitty.

Anway this was weeks ago, and I am still waiting to here anything from iQor, as soon as they get in touch I will CCA them and ask them for the Deed of Assignment. I am determined not to make it easy for them.