First credit debt collection :(

pepe2008

hi Tuna, you need to find out why the Accounts are in your name. Unless you expressly signed authority they should not be so. Did you offer a guarantee on those accounts?

they cant do anything at court unless they have CCA anyway, put this on the response form.

tunathe_cat

hi pepe
dont recall signing anything but hubby had account for 25 years plus...
but where can i get advice re filling in ccj

pepe2008

tunathe_cat wrote: »

hi pepe
dont recall signing anything but hubby had account for 25 years plus...
but where can i get advice re filling in ccj

CAB is best bet. Could phone National Debtline maybe. If not, just tell your story as you have done here because the two glaring problems are
Whos account is it?
Where is the Original Agreement?

If they let it get to Court like that the Judge is apt to throw it out anyway. if it does go to Court...attend! Its worth the effort.

edit....
besides, the Account was 'in dispute' as of 26 Oct and no enforcement, interest, charges or passing it to another party for collection is allowed until the precious CCA is produced.

tunathe_cat

thank you for advice will keep this thread updated

debtman2007

pepe2008 wrote: »

As I said just cut out the bits about committing Offence. THEN COMPLAIN.

I'll tell you what I've been doing in a couple of days, maybe by pm.......boards have ears!

Just checked the dates and i'm going to wait on Friday then i can send the 12+2+30 day letter for both of my accounts.

debtman2007

Will this be ok to send? anything further to add?

Dear Madam

I do not acknowledge any debt to your company

I refer to my letter dated 8th September 2008 which was delivered via Recorded Delivery (Ref DW953273500GB) to your offices on 11th September 2008.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 8th September 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time 1st Credit Ltd purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This time limit expired on 26th September 2008.

As you are no doubt aware, Section 78(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.

Therefore on 26th September 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to 1st Credit Ltd.

I require the following action from 1st Credit Ltd.

1. All payments made to date to 1st Credit Ltd. for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by 1st Credit Ltd. Note this is to be a complete deletion and not merely an amendment.

3. After a full refund of all payments with interest are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force 1st Credit Ltd. or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I will also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully,

debtman2007

sorry. why does that always happen when i copy and paste text??

debtman2007

Two 12+2+30 letters ready to send tomorrow.

Going get my complaining head on later and send letters to the Office of Fair Trading, Financial Ombudsman and the Trading Standards Office

pepe2008

Hi debtman,
I sent two page letter to 1st detailing, fully, the reasons for my complaint to OFT....section by section.
Had 2 pages of waffle about denying details of Complaints to OFT, Followed by an apology and a complete acceptance of the payment offered by CCCS. this was after issuing a Stat Demand to me, which I countered with a CCA request.
This letter from 1st obviously means ' we know that we are not going to get a CCA from the Original Creditor so we will have to accept the payment which would be awarded by a Court even if we did produce the CCA'.
This will be acceptable to me for now but leaves the ball in my Court....I can now decide to try and get it written off or pay it at my pace, not made my mind up entirely.


Have you complained to the OFT? Check out what they have done to you against the Debt Collection Guidelines on www.oft.gov.uk. List these to 1st Credit, threaten to take this to theFinancial Ombudsman and Trading Standards as well, this will probably get the response you are looking for. They already know what they have failed to do, they just need to know that you know your rights and are not afraid to Complain.

the 30 day letter is all but lrrelevant in my view, it doesnt ADD any weight to your argument. Involvement of the OFT and threatening to involve FO, CSA and Trading Standards does.

edit; dont forget to emphasize that a major part of your complaint will be that they have been pursuing you for a debt for which they have failed to provide a proper Agreement. Ensuring that this was in place should have been done at the time of Assignment, certainly before contacting you.

tunathe_cat

hi I have been to local cab today. Re ccj barclaycard
filled in dispute whole claim. Will send copies of all correspondence and tracking information.

while at cab today Advisor rang barclaycard re this account they refussed to speak with them or myself as the account not in my name. Also refussed to speak about the ccj they quoted data protection.:rotfl:

Will send court papers back to court registerded post tomorrow once I have photocopied them.

Any ideas what the next step might be?