quick, urgent CCA advice!!

rachel4331

I have sent twice by recorded delivery a request for my CCA to 1st Credit Ltd (acting on behalf of Lloyds TSB) and each time they have refused to sign and accept the envelope. I have also sent my request 1st class but they are claiming not to have received it.

A real snot of a women called my home today whilst hubby was here and demanded my mobile and work numbers (luckily dh didn't give them out) and demanded that I call her urgently.

I have just done this and am really worried. She is stating that they are going to apply for a charging order on my property and consider bankcrupty. My original offer of payments will not be accepted and she totally dismissed my request for a cca.

So guys, what do I do now. She has really put the wind in me. My stomach is in knots.

Whats my next move?

floss2

Ok, deep breath.....

How much do you owe to Lloyds / 1st Credit?

rayday2

I believe they are breaking the OFT guidelines:

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

Here is the full link http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

So they are in the wrong and I think you need to take it further but not sure which route. I am sure someone else will know more.

rachel4331

I currently owe £2500

stapeley

Its scare tactics . Write again to the company , by normal post , stating no further phone calls should be made . Tell them all further calls will be recorded and times date noted . Any further calls will be treated as harassment and reported to the OFT. I would call there bluff. KEEP ALL LETTERS RECIEVED and copies of letters sent . Keep RECIEPTS OF POSTING ON CCA REQUESTS. No court will believe that on three separate times letters were not deliveried .

floss2

I think that it will cost them several hundred pounds to force you into bankruptcy.

Is this the only debt you have, or is it the only one with a DCA?

Try looking at the CCCS website.... http://www.cccs.co.uk/

stapeley

This maybe a long process but put yourself in control . If you do get any more calls keep calm and clear ! Request the persons full name and details , tell them that the conversion it being recorded and time date etc are to be noted . Be polite but firm do not sink to there gutter level .

RAS

Rog2 generally estimates that making someone BK costs £1500, and of course the DCA would only get the money back if there was enough equity to pay off all the debts. otherwise they would be lucky to cover the court fees.

They are definately breaking the OFT Guidelines sending a visitor without prior agreement, they are not entitled to demand telephone numbers and I suspect that they are breaking rules by refusing to accept your request for cca.

I suggest that you get hold of CCCS or CAB and ask them to send the CCA letter for you, with a strongly worded complaint about their refusal to accept your letters.

Then talk to the Trading Standards in their area and make a complaint. In the mean-time try and get OH to write down exactly what she said.

wazza24

First off Rachel you need to not panic, they want you in fear so that you will do what your told and pay what they want. I have requested CCA's before myself and i know that they are def in breach of certain laws regarding this. The best thing you can do is follow all the procedures to the T and make sure you have proof of all requests you have sent them.

Threats like this are usally signs that they have no authority to chase the debts and are trying to scare you, if they do take you to court and you have all the proof that you requested cca and they didnt provide it in the time frame then they are the one's in breach of the law not you, you are within your rights to request cca under consumer credit act. i got some really good advice from Rog2 and Weller who may see this post and give you some more detailed advice.

If not you could pm and ask, i am sure they would mind helping you out.

All the best and remember dont give in to fear........;)

stapeley

Is it a secured loan ??? A credit company should not refuse a offer of payment that you can afford . If it ever went to court a judge would see that this company were acting unreasonably.Any judgement would reflect your ability to pay, and could under these circumstances deem the debt unenforceable . good luck

stapeley

Its becoming clear that Credit and Loan companies have made huge and very costly errors over implamantation of CC Argeements . This was spotted afew years ago and the CC ACT WAS AMENDED to close loopholes . C Cards were sent out willy nilly on ownly APPLICATION FORMS, These forms do not comply with the requirement of the CCA . And as such are deemed to be unenforceable by the courts!