roslerman

[roslerman]

Hi over 6 months ago a debt was passed from one collection agency to another who were acting on behalf of a credit card company. No problem there as this had been done before. My first letter from the new company stated "the account has been closed on our system and any default we are reporting to the credit reference agencies will be removed" and that it will be returned to the cc company and any further communication should be with the cc company. The letter shows that the balance has been reduced to £0.00. I rang the cc company and they said. ok if that is what the new collection agency are saying it is all sorted. Now the collection agency are saying the letter was a mistake and i should contact them. i of course stopped the DD i had set up with the bank to pay money monthly once i received the letter over 6 months ago. What should i do now? i am totally confused as surely if they write the debt off they cannot come back x months later wanting to rein state it? or am i wrong? Any advice offered would be helpful. Thank you

[echat11]

Hi ROSLERMAN

Welcome to LB

I would lodge a formal complaint against with the credit card company follow their complaints procedure that will be on their website.

Explain what's happened, told debt written off, then told it hasn't been written off, that's caused confusion and stress. They should be providing clear information. You might get compensation from them.

You can add the following to your complaint -

The FCA states 'a firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.'

https://www.fca.org.uk/publication/f...ated-guide.pdf

[roslerman]

Hi ROSLERMAN

Welcome to LB

I would lodge a formal complaint against with the credit card company follow their complaints procedure that will be on their website.

Explain what's happened, told debt written off, then told it hasn't been written off, that's caused confusion and stress. They should be providing clear information. You might get compensation from them.

You can add the following to your complaint -

The FCA states 'a firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.'

https://www.fca.org.uk/publication/f...ated-guide.pdf

Is it legal from them to firstly say its cleared then to say it isnt? i think thats my big concern because if they cant then i feel more comfortable contacting them both

[echat11]

Is it legal from them to firstly say its cleared then to say it isnt? i think thats my big concern because if they cant then i feel more comfortable contacting them both

I don't think 'legalities' come into it because they said they made a mistake. They need to show they made a mistake. The Creditor and a debt collector has said it's the end of the matter. You have evidence of that. They should 'honour' that.

[roslerman]

I dont have the proof from the cc company as it was a telephone call after i received the letter, although yes i do have the letter from the collection agency admitting an error on their part and apologises for their error. This is where i am both troubled and concerned about the legalities and if i make contact with either party. Yes i do intend to contact the cc company with the information you provided, but i am very reluctant to contact the collection agency as a lot of reviews seem be saying they are very aggressive with their messages and i do not want to make a wrong move early on in my responses. Sorry if i seem a little at odds with this as having a more solid base to argue my case at the start. Thanks again for the help.

[echat11]

Send the Credit Card company a SAR request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

You should then get notes on the telephone call.

https://legalbeagles.info/library/gu...ccess-request/