Letters Sent To Me

CarliJ

Hello everyone heres an update.

I have recieved a letter today from LCS Solicitors, telling me they act on behalf of 1st credit and that they have been instructed to write to me concerning this seriously overdue account. Unless payment is made to our client within 14 days for the date of their letter we are instructed to issue proceeding against me in county court. its goes on from there saying about court fees etc. Now what letter do i fire off to them now? Ive sent the one with the £1.00 fee in and i havent even seen the 'supposed' signed agreement? They are not scaring me it is just so B:**dy frustrating !!!!

So people help please what should i do next???

Carli x

moonlightpjs

LCA are a "legal" arm of the DCA - meaning they are not proper solicitors - just trying to scare you.

After you sent the CCA request, they have 12+2+30 days to respond with the CCA, they cannot enforce the debt until they have supplied you with this and they cannot take you to court. Its just scare tactics so don't worry too much. If they did take you to court (which I don't at all they will do) the all you have to do is prove you requested a CCA and the judge will throw it out.

After the above timescale, if they still have not provided a CCA, the send them this letter, you will need to put in your own dates etc and amend certain sections, ie the bit about you claiming back what you have paid if you haven't paid anything - I'm assuming you haven't.

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

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 {enter date} 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 {debt agency name} 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. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

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 {enter offence date} 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 {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation 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 {debt agency name} 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 may 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.

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silkglade

CarliJ wrote: »

Hello everyone heres an update.

So people help please what should i do next???

Carli x

I would phone the solicitors, tell them you have no knowledge of this debt and that you sent them the letter on ???? Date asking them for a copy of the original agreement.

I have heard in the past that when a credit recovery company buy a debt if they do not know the whereabouts of the actual person then they just mail it to anyone with the same inital and surname in the hope that they get a response from someone and then that someone who responds is the person they go after.

I would get coppies of your credit file. see if it appears on that too