First credit debt collection :(

debtlady

RAS
Links for reporting? No I don't

RAS

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm

Starting points are the OFt, TS office nearest 1st Crudits address and the CCA.

debtlady

Thanks RAS
I'm hot on their case!! :cool:

debtman2007

Ok without wishing to tempt fate i still have received nothing from 1st Credit or Citi regarding my CCA request.

Do i now need to send the letter;

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,




Also at what point do i notify CCCS that payments should be stopped and what happens if a CCA turns up weeks/months further down the line??[/font]

Thanks

debtman2007

debtlady wrote: »

Thanks to all for the great advice :T
I received what appears to be a bog standard letter from 1st credit in response to my request for a CCA - they don't have it, but will ask Goldfish to pass it on. At least the phone calls have stopped. Watch this space...

I received the same letter and calls have stopped so far too.

I think i might send off another CCA request for my other CITI card but that is not in the hands of a DCA yet

debtman2007

I have just noticed that on their acknowledgement of teh CCA request my balance been reduced by a £1.00. I can only assume this is the postal order i sent them for the request.

debtman2007

can anyone tell me which letter i need to send next??

debtman2007

*shameless bump*

Just need someone to clarify which letter i send next. i want to send it off asap.

Thanks

debtman2007

just had another call regarding my 2nd citi account. want full payment by 7 days otherwise i go to court. i think i will need to send off another CCA request for that card.

i asked him to remove my numbers, not sure if he will or not. i feel unwell again

why do i get wooried when they spout stuff about baliiffs and suchlike when i do know that only happens if i default on a court order. also he recommended that i borrow more money to pay them back.

still shaking now.

lee1501

hi all ,new to forums,recieved a call from first credit ref a citi loan 2800,say ive got 14days or im going to court and they can force me to sell my house ect pretty scared what should i do