First credit debt collection :(

debtman2007

Quick update - today i have recieved the following letter from 1st Credit

DEFAULT NOTICE

Our records indicate that you have broken your promise to send £****.** on the 06/10/2008.

Now the full balance is due.

We would prefer to deal with this amicably blah blah call teh office blah blah

we may take legal action blah balh.

---

Now i have never promised to pay the full amount so this is a blatant lie.

where do i go from here or do i not even respond??

RAS

Debtman

They have failed to produce a CCA within the time frame, or even outside the time frame.

They are telling huge porkies.

To whom have you put in formal complaints about this mob?

debtman2007

Hi Ras,

i haven't made any formal complaints as such. i did send them a letter to request all communication in writing. still getting the odd call now and again though(which i dont anser)

RAS

So you need to start making formal complaints.

Did you tell them about your health problems?

debtman2007

RAS wrote: »

So you need to start making formal complaints.

Did you tell them about your health problems?

Yes that was mentioned in my original letter about phone calls.

do i respond to them direct or to someone else. i don't like being called a liar .

sorry to keep hassling but i dont really know what to do. your help is really appreciated.

RAS

Ok

Then you need to go to the OFT for failure to treat you as a vunerable person, and for haressment in pursuing you for a debt that they cannot prove they have the right to collect.

Also the trading Standards nearest the office that is writing to you.

And the Information Commissioner if you asked them to take you contact details, or your phone numbers off their database or made reference to the Data protection Act anywhere.

Do you have the details?

debtman2007

No i dont sorry.

Looks like it's time to fight fire with fire then. do i need to send anything further to 1st Credit.

RAS

This is Pip's list.

You can make an anonymous complaint on-line to the OFt if you want, or write a letter.

trading Standard, write to them.

IO, I would suggest ringing them and asking them for their advice on procedure.

You could write to ist credit and tell them what you have done, or just write back to them along these lines

I acknowledge no debt to your company.

Thanks for letter dated

Contrary to your assertion that I made an agreement to pay this account in full, I have asked for confirmation from yourselves that you are entitled to collect this money from me and to date the required CCA has not been provided by yourselves.

You may be accustomed to demanding payment from people without legal documentation to support your claim, but I do not pay money to people who cannot prove that I owe it to them.

I have complained to the relevant authorities and will forward to them any further correspondence from yourselves and details of any further phone calls.

I now require that you remove all references to my personal contact details from your files and that you do not sell this account until you have the appropriate documentation. If I receive any further contact from yourselves or finmd that this account has been sold on, I will formally compalin to the Information Commisioner.

Might be worth asking CAG or NDL to chjeck over the letter.




These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

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

debtman2007

Thanks RAS

not sure what this means though - IO, I would suggest ringing them and asking them for their advice on procedure.

also what do i need to send, a log of phone calls and detail all letters i have received?? as you can tell im not great at all of this

debtman2007

This is what i have put together. If someone could just quickly give it a once over i would be most grateful. I wuld like to get this sent off tomorrow:

Dear Sir/Madam,

Re:− Reference Number : ******
Account: ******
CCCS Account number : ******


I acknowledge no debt to your company.

Thank you for letter dated 8th October 2008.

Contrary to your assertion that I made an agreement to pay this account in full, I have asked for confirmation from yourselves that you are entitled to collect this money from me, to date the required CCA has not been provided by yourselves.


I wrote to you by Recorded Delivery (Ref *******) on 8th September 2008 asking for a copy of the credit agreement, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on 11th September 2008.

I then wrote to you on again on 27th September sent by Recorded Delivery (*******) to confirm that, if after 12 working days, this request has not been carried out then your company enters into a default situation. This occurred on 26th September, 2008.

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.

You may be accustomed to demanding payment from people without legal documentation to support your claim, but I do not pay money to people who cannot prove that I owe it to them.

I have complained to the relevant authorities and will forward to them any further correspondence from yourselves and details of any further phone calls.

I now require that you remove all references to my personal contact details from your files and that you do not sell this account until you have the appropriate documentation. If I receive any further contact from yourselves or find that this account has been sold on, I will formally complain to the Information Commissioner.

I look forward to hearing from you.



Yours faithfully