To anyone with a kind heart Re: Debt Advice

amw5254

:huh: Hello there! Would anyone please help me............

Re: LCS Solicitors letter from 1st credit

I am a new member of this forum. Would appreciate someone with a helping hand.
I have requested 1st Credit CA (template fron NDL website). It has been 65 days since that they failed to comply with my request. And all of a sudden i received a letter from LCS wanting me to pay in full in 14 days time. They totally ignored my request for the CA. I know they breached the CCAct 1974.


I've enclosed a £1 postal order fee under the CCA rules. 1st credit sent an acknowledgement letter of my request saying " the agreement is with the original creditor(citi) and they will send it to me as soon they have it.
Their reply letter confirms receipt of my request. I had a problem with royal mail when i check it, there was no signature who received it, apparently they get bulk of letters so they only sign one for all of them. had not checked yet if they have cashed the P.O. Sent the letter recorded delivery. Kept all the receipts and the recorded delivery sticker.
They went very quiet for awhile no letters nor phone calls. then after 65 days, LCS wrote to me theatening legal actions if I don't pay up within 14 days.
many, many thanks for now.

pepe2008

Hi,

I've recently had the same leter from LCS ( 1st credits in-house solicitors ) and so far have given it the respect that it deserves.

they are reknowned for illegal behaviour, take a look at the thread 'First Credit Debt Collection:)' from Debtman2007...you are not alone.

Dont talk on the phone to them , dont SIGN any letter with your 'normal' signature, if any.

Have 1st Credit had the Debt long? Are they threatening Statutory Notice, CCJ, Final Charging Order, Forced Sale etc? they usually do.

Are you paying them anything? Private arrangement/ dmp with a dmc?

have you contacted National Debt Line? Dont get bullied.

Keep us posted,..... oh, and dont believe them when they say that they have special dispensation to pursue the debt while waiting for CCA from Original Creditor....they haven't, nobody has.

pepe2008

Sorry amw,
Missed a blinder! Its been 65 days since CCA request? and now their in house law-monkeys are having a pop!!! Take a look at the NDL site and check out what it says about 30 days.

GeorgeUK

There are a few templates on the board. I'll post some links to explain the CCA request process and a link to the thread with the templates. It is no longer a criminal offence for them to not provide a copy of the CCA so don't use the 12+2+30 day letter. The 12+2 day letter you could send them.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

shinyhead

It may not actually stop them from starting legal procedings, such as a CCJ. If they haven't supplied your agreement in accordance with the CCA 74 then you have a solid defence. This might turn into a case of chicken!

Be prepared for a ccj claim and then writing your defence-eg no CCA. In the meantime if you want to write to them telling them of their default to supply a CCA in contravention of the CCA74 that could help, but my feeling is it will probably get ignored.

If it does get that far then there's plenty of people here to help.

I think that DCA's are starting to feel the pinch just like anyone else and the knowledge about CCA requests is obviously spreading and hampering their income. My feeling is again that they're having to go down the legal route and gamble on a judge's ignorance, or hope the other party gives in.

pepe2008

thanks GeorgeUK, I'll look at those links as well.
Hello shinyhead, our favourite DCA again then!

shinyhead

Hi Pepe, yup!

amw5254

Hello shinyhead,

just an interesting question, when debt is passed to courts, is it required to present your bank statements and etc.? do you get a notification from them? i've heard it can happen you get a ccj without knowing it?
also, do i need to send letter to LCS together with 1st Crude in one envelope. they seem to be on the same office, another desk. would i send it special delivery? or just recorded? any piece of info would be greatly appreciated. with thanks.

shinyhead

The debt doesn't actually get passed to the courts, they simply judge on the claim.

If a court claim is issued, you get three parts-I think. The first part is details of the claim-who it's from, how much and so on. The other parts you use to reply and there are 3 answers:

1. You 'admit' the debt-this is just like saying 'Guilty M'lud'. On this form you fill in all your details and there are spaces for you to fill in your I&E. You then can offer to pay by instalments and you make an offer. You don't need to supply things like bank statements. You are effectively filling the forms in under oath as it were.

2. You fully or partially defend the claim-in your case you should fully defend the claim on the grounds there is no CCA. There can be cases where someone might want to admit the original debt but defend the amount of extra charges slapped on the claim form and ask to have them justified.

3. There is a time limit for you to respond. Can't remember exactly but think it's about 2 weeks. If you want to defend it at all you can 'acknowledge' the service of the claim form and ask for more time to prepare your defence. I think this gives you another 2 weeks to make a totalof 4.

You send whatever replies back to the claimant on the form-not the court.

If you admit you'll get a notification of the judgement in the post. You then have I think 14 days to question it if you wish.

If you defend then you'll get to know the judgement then and there at the hearing.

Some CCJ's are processed through previous addresses so sometimes they're not known about until some sort of enforcement starts.

If you want to send a letter reminding them of their failure to provide a CCA I would suggest sending each a separate copy, each recorded delivery.

amw5254

Hi,
many thanks for that piece of info. very gratifying to know there's always someone out there who listens and talk to you. I would endeavour to do the same thing to post and give updates to whomever my experience would be useful in their conquer to evil and ruthless DCA people. They think we are criminals! who's the real culprit here? guess you know who they are.

shinyhead

Not at all. Keep on posting to let us know what happens next.