1ST Credit.... 7 months later. PLEASE help

slimone

Never mind - they said its edited version and I need to let them know its the right document and then they will post full version.

!!!!.

slimone

THE PLOT THICKENS!!!!!!!!!!!!!!!

They sent me the top page of the CCA only. Nothing else. I phoned them and told them its the right one - please send the rest of it.
They havent sent the rest.
Instead the phone calls have started again (couple a day that I ignore)
They have no sent me a letter from another division of the same company saying court proceedings will begin in 7 days unless I pay in full!!!!!!!!!!!!

I emailed them again requesting phone calls cease / send me CCA and proposals for monthly figure I can realistically pay back / aaaaaaand heard nothing again!

So now what? Please help before I nut someone.

Thanks.

rog2

By not having provided you with a true copy of the original executed consumer credit agreement within 12 working days of your request they are, now, in default.

Send them the 12+2 day letter that you will find in post 6 ofthe following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

If they choose to ignore this letter and commence 'legal proceedings' you must state, in your defence, that you have requested the cca and detail the response that you have had. The Court will be very interested to know why they have not fulfilled their legal obligations under the terms of the Consumer Credit Act, 1974.

slimone

THIS ONE?


LSC Solicitors
The Omnibus Building
Lesbourne Road
Reigate
Surrey
RH2 7JP

26/03/09

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam

CLIENT REF:
1ST CREDIT REF:
I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with 1st Credit and has been since 31/08/08.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.
As 1st Credit are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the 1st Credit for resolution of these defaults and breaches, as LCS Solicitors cannot lawfully pursue any enforcement activities.

If LCS Solicitors chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

downnotout

Funny I have had the exact thing happen to me this week from 1st credit aswell. It seems that you are a week ahead of me

slimone

I'm sending 1st Credit another letter just to let them know they've broken the law by referring my account to another agency whilst it's under dispute.

The thing is - I've paid all my other debts off, just this one left!!!

RAS

No this one - deited for the change in law.


CCA request - After 12(+2) working days have passed:
Quote:
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


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


I do not acknowledge any debt to your company.


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. Therefore on ********** 2007 this time limit 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
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 1998)

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,

RAS

Hi

ASSUMING that this debt was taken out before April 2007.

1st credit are in deep doodoo with the OFt at the moment.

Given that what they are doing is sendin g you the application form, which is not legally compliant and threatening legal action which cannot succeed if you defend the case, they are doing what the OFt has already boolocked them for, albeit a variant.

Please report them and send the OFT a copy of the letter you have just recieved.

P

downnotout

RAS I did exactly that. They told me to not enter into dialog with 1st credit untill they hadreminded them of there responcibilities. The OFT also said that they will be looking at there licence (? whatever that is).
(sorry for hijacking thread)

rog2

downnotout wrote: »

The OFT also said that they will be looking at there licence (? whatever that is).

It means, downandout, that the OFT is considering withdrawing the 'credit licence' from 1st Credit. This is the most severe penalty that the OFT can impose since, without a 'credit licence' 1st Credit would be legally unable to continue to ply their trade as 'debt collectors'.

My heart bleeds for them. :rolleyes: :rolleyes: