I've disturbed a sleeping lion

[highwire]

Afternoon all,

Although I'm over the worst of my payday debt hell, I still have about 4 lenders outstanding. I decided to take them all to the FOS on the grounds of irresponsible lending.

I'm very familiar with the FOS process and how long it can take but I have a couple of questions about one of these lender's actions.....

This particular lender has been quiet for over a year. But since raising the formal complaint they have now begun collection activity again. It's a strange one though, because in their final response they say they uphold my complaint re affordability and irresponsible lending as they have no data to confirm it was affordable, but then go on to say an outstanding balance remains due.

I escalated it to the FOS as soon as I received their final response but I'm now getting a lot of emails demanding payments. But I was of the understanding that if an account is in dispute with the FOS, then the lender must cease all collection activity and place the account on hold? If this is the case, which bit of legislation or regulation states this please? I did tell them to stop harassing me while it's with the FOS but they came back and said that unless I dispute the account is mine, they are entitled to pursue me under FCA rules.

But they have also started hinting at legal proceedings, but again, I'm sure they aren't even allowed to threaten this while it's with the FOS, no? Btw, this account hasn't even been defaulted by them and its over 2 years old now.

If anyone could point me to the correct rules about this I'd greatly appreciate it.

Thanks

[Debt Camel]

Re: I've disturbed a sleeping lion

from the FCA handbook:

"CONC 7.5.3 A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid."

Write back to them quoting the above and say that you are disputing the debt and it is unreasonable and unfair of them to continue to demand payment until the FOS has determined your complaint.

[highwire]

Re: I've disturbed a sleeping lion

from the FCA handbook:

"CONC 7.5.3 A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid."

Write back to them quoting the above and say that you are disputing the debt and it is unreasonable and unfair of them to continue to demand payment until the FOS has determined your complaint.

Thanks DC- you're the fountain of knowledge I need! I'll see they say after this, and if they continue it'll be another angle for complaint with the FOS.

Cheers