First credit debt collection :(

debtman2007

One further question :- the guy from 1st credit said that because im already paying money through CCCS then that is an acknowlegdement of the debt. Is this correct??

He also put the phone down very quickly when he knew he was getting nothing out of me.

pepe2008

Debtman, them telling you to borrow more to pay THEM is a breach of the OFT guidelines. Paying through cccs is NOT neccessarily an admission of the debt, particularly not to them as opposed to the original Creditor.

Complain to the OFT, oft.gov.uk, its anonymous.

I've done all that, they stopped phoning me but still refused to communicate by letter or e-mail. So if had anything to ask or tell, such as 'could they please confirm their request to me to borrow more money' i would e-mail them because it produces an automated response. i now have a long record of non-correspondence by them which will be used in Court Defences.

Their in house Solicitors, LCS ( staffed by losers who cant hack it in the 'real' Law world ) have written to me now giving me 7 days...ccj, Charging Order, Stat Demand..blah,blah,blah and also stating that they have been instructed not to correspond. OK, bring it on, lets go to Court.....I will attend and I will leave the Court with nothing more than a CCJ for the same amount as my current cccs payment.

the last time I had a creditor try to use the Court purely for their own financial gain I WAS AWARDED COSTS!!!

debtman2007

pepe2008 wrote: »

Debtman, them telling you to borrow more to pay THEM is a breach of the OFT guidelines. Paying through cccs is NOT neccessarily an admission of the debt, particularly not to them as opposed to the original Creditor.

Complain to the OFT, oft.gov.uk, its anonymous.

I've done all that, they stopped phoning me but still refused to communicate by letter or e-mail. So if had anything to ask or tell, such as 'could they please confirm their request to me to borrow more money' i would e-mail them because it produces an automated response. i now have a long record of non-correspondence by them which will be used in Court Defences.

Their in house Solicitors, LCS ( staffed by losers who cant hack it in the 'real' Law world ) have written to me now giving me 7 days...ccj, Charging Order, Stat Demand..blah,blah,blah and also stating that they have been instructed not to correspond. OK, bring it on, lets go to Court.....I will attend and I will leave the Court with nothing more than a CCJ for the same amount as my current cccs payment.

the last time I had a creditor try to use the Court purely for their own financial gain I WAS AWARDED COSTS!!!

Thanks for that. did they ever supply you with a CCA??

I would be interested to know how you get on. good luck.

debtman2007

After receiving nothing back after my first request, should i follow it up with this one

:-

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 8th September 2008 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 11th September 2008.

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 26th September, 2008. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 26th October 2008 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.





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,

debtman2007

Not sure if anyone is still following this but it kind of helps mw to write it down. Therapy if you like

Anyway i have today sent off a follow up letter to my original CCA request for my 1st Citi card, giving them another 30 days. As i understand it the debt is now in dispute and they can not enforce it.

I have also sent of a CCA request to for my 2nd Citi card to 1st Credit as the notice of assignment arrived today.

I also spoke to CCCS and they said 1st credit are notoriously nasty but if you know your stuff they do back off.

pepe2008

Hi Debtman,

Holding fire on the CCA request and will use it during the 14 day Court response period if needed, that will delay at just the right time.....especially if tey dont inform the Court ( wasting Court time ).

The letter I got from LCS, their in-house 'solicitors' , was the usual venom that they have been spouting for the last six weeks, just with a different letterhead.

debtman2007

pepe2008 wrote: »

Hi Debtman,

Holding fire on the CCA request and will use it during the 14 day Court response period if needed, that will delay at just the right time.....especially if tey dont inform the Court ( wasting Court time ).

The letter I got from LCS, their in-house 'solicitors' , was the usual venom that they have been spouting for the last six weeks, just with a different letterhead.

OH Dear, should i not have been firing the CCA requests off as free and easy as i have been??

mm2000

I recieved a phone call from 1st Credit yesterday morning. My wife answered the phone and was greated by an automated message. By the time she'd got the phone to me, the message had finished. I sent them an email, telling them not to phone me, nor reply to the email but write to me about any business the felt they had with me.
Today a letter turns up (posted on the 26th) saying I haven't settled my account with Citi Card, £----.-- is still outstanding and should be paid at once. The usual threats of forcing me to sell my house etc. followed.
Two months ago after making a complaint to TS about Citi Card as they had failed to supply a cca among other things, I recieved a very apologetic letter from Citi Card and they have halved the balance owing. Obviously Citi Card haven't told 1st Credit. I aim to have more fun out of this and who knows may get a bit more knocked off the balance.

cocker100

mm2000 wrote: »

I recieved a phone call from 1st Credit yesterday morning. My wife answered the phone and was greated by an automated message. By the time she'd got the phone to me, the message had finished. I sent them an email, telling them not to phone me, nor reply to the email but write to me about any business the felt they had with me.
Today a letter turns up (posted on the 26th) saying I haven't settled my account with Citi Card, £----.-- is still outstanding and should be paid at once. The usual threats of forcing me to sell my house etc. followed.
Two months ago after making a complaint to TS about Citi Card as they had failed to supply a cca among other things, I recieved a very apologetic letter from Citi Card and they have halved the balance owing. Obviously Citi Card haven't told 1st Credit. I aim to have more fun out of this and who knows may get a bit more knocked off the balance.

Exellent news!!!:beer: :beer: :beer:

I would really enjoy that situation and would milk it to the extreme.:T :T

Well Done.

Orion63

In relation to the above thread. I have sent the first letter out asking for all the documentation required under the consumer credit act and given them the required 12 + 30 days to do so, and they have failed to comply save for sending me a photocopy of a credit agreement which I have told them is just that, a credit agreement which does not prove an alleged debt exists or that they own it, which is the other paperwork I was asking for. They have today written to me and said they complied but i denied all knowledge of receipt ( i never received anything apart from what i detailed above). I stupidly phoned them to make sure of what they were actually saying, only to be given a tirade of abuse from a lady who wouldn't let me speak but insisted that she would hang up if i tried to interrupt her again - lol (that actually tickled me). However, she did state that the CCA1974 gave them special dispensation to take as long as they needed to obtain the necessary paperwork I required which they were doing. Can anyone tell me if this is true as I do not wish to stand firm on a point when I do not have this knowledge. I'm pretty sure that I am right and they are wrong, but would welcome a more professional opinion on this matter.

By the way, after LCS were shaken off, Connaught Collections got involved - they are owned by 1st Credit too.