1st credit threatening to force the sale of my house

[mickyblueyes]

Hi All

 

I really need some help as i am out of my depth now.

 

I received the normal DCA letter for a AA Loan that i defaulted on due to the birth of my 1st baby 2 years ago. I contacted the AA and told them my problems but they were not interested in helping. So i have been pasted from DCA to DCA.

 

Now it is with 1st credit who demanded full payment or court action.

I sent the CCA letter with £1 PO. they replyed with the comments that they have requested the document from the original lender and once i receive the CCA they expect full payment. $ weeks latter i received 1 page of the CCA with a letter requesting that i prove my signature by means of a copy of my driving licence!! which i think is strange.

 

3 days latter i get a letter from LCS solicitors demanding i settle the account in full or they will take me to court and charge me fees and solicitors costs. They then stste that once a CCCJ has been granted they will go back to court to force the sale of my homehey also state that they bhave been instructed not to correnpond with me prior to commencement of legal proceedings.

 

As you can imagine we are terrified at the propect of this as we have two young children and this would leavbe us finacially ruined with no where to live.

 

If there is anyone out there who can help us we would be eternally grateful as we just do not know what way to turn.

 

I will scan the letter and the CCA tomorrow and post on here

 

Please help us

 

Mick

[sosumi]

Hi All

 

I really need some help as i am out of my depth now.

 

I received the normal DCA letter for a AA Loan that i defaulted on due to the birth of my 1st baby 2 years ago. I contacted the AA and told them my problems but they were not interested in helping. So i have been pasted from DCA to DCA.

 

Now it is with 1st credit who demanded full payment or court action.

I sent the CCA letter with £1 PO. they replyed with the comments that they have requested the document from the original lender and once i receive the CCA they expect full payment. $ weeks latter i received 1 page of the CCA with a letter requesting that i prove my signature by means of a copy of my driving licence!! which i think is strange.

 

3 days latter i get a letter from LCS solicitors demanding i settle the account in full or they will take me to court and charge me fees and solicitors costs. They then stste that once a CCCJ has been granted they will go back to court to force the sale of my homehey also state that they bhave been instructed not to correnpond with me prior to commencement of legal proceedings.

 

As you can imagine we are terrified at the propect of this as we have two young children and this would leavbe us finacially ruined with no where to live.

 

If there is anyone out there who can help us we would be eternally grateful as we just do not know what way to turn.

 

I will scan the letter and the CCA tomorrow and post on here

 

Please help us

 

Mick

Mick, the letter you have received from LCS Solicitors is a standard letter. Note that they say 'once a CCJ has been granted'...

1st Credit have just been reprimanded by the OFT for exactly this kind of letter. LCS are 1st Credit's 'office solicitors'.

Post the CCA up here tomorrow with your details removed. xx

[lilly white]

MB

 

You are a long way from courts ccj and charging orders ,yes it could be a fight however,please be patient people will be a long soon the devils in the details.

 

i would urge you to take a step at a time

 

regards lilly

[blipvert]

Sosumis is right, but another question:

 

The reprimand Sosumi mentions is detailed in an OFT press release dated the 25th Feb.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186046-there-god-1st-credit.html

Is your LCS letter pre or post OFT reprimand.

 

http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

 

Have a good read of the guidelines laid down and I would suggest a letter of this nature from LCS (who are 1st credits in-house solicitors) is not within them.

Edited March 4, 2009 by blipvert

[lilly white]

mb

 

Thank you mozzat6 could not get my link to work please read in detail

 

in directives on mozzat6 link.

 

regards lilly

[lickthewallfatboy]

worst crudit seem to have a death wish

[deepdebt]

Hi All

 

I really need some help as i am out of my depth now.

 

I received the normal DCA letter for a AA Loan that i defaulted on due to the birth of my 1st baby 2 years ago. I contacted the AA and told them my problems but they were not interested in helping. So i have been pasted from DCA to DCA.

 

Now it is with 1st credit who demanded full payment or court action.

I sent the CCA letter with £1 PO. they replyed with the comments that they have requested the document from the original lender and once i receive the CCA they expect full payment. $ weeks latter i received 1 page of the CCA with a letter requesting that i prove my signature by means of a copy of my driving licence!! which i think is strange.

 

3 days latter i get a letter from LCS solicitors demanding i settle the account in full or they will take me to court and charge me fees and solicitors costs. They then stste that once a CCCJ has been granted they will go back to court to force the sale of my homehey also state that they bhave been instructed not to correnpond with me prior to commencement of legal proceedings.

 

As you can imagine we are terrified at the propect of this as we have two young children and this would leavbe us finacially ruined with no where to live.

 

If there is anyone out there who can help us we would be eternally grateful as we just do not know what way to turn.

 

I will scan the letter and the CCA tomorrow and post on here

 

Please help us

 

Mick

 

Hi MBE,

 

This is the standard stuff we have all had from worst credit, its their first attack and is designed to get you to pay up without thinking!!! the CCA request is the best way forward and don't worry about the threats as thats all they are.

 

Like I said, these threats are designed to scare you, relax as there are plently of CAGgers on this forum to help.

[fuzzybobble]

1st Credit are already in trouble with the OFT for this kind of intimidating action. They recently got a real good slap from the Office of Fair Trading for it too.

 

Don't be afraid of them. You've come to the right place for help and good advice. No need to worry. By posting on CAG you're already halfway through winning the battle against 1st Credit and the Debt Collection Industry.

 

On here there's lots of people who have already been through all this and know what to do to beat them.

 

All you have to do is follow the advice given on this forum, and keep everyone up to date with what's happening, and you'll be fine. Even if they are stupid enough to try and take you to court, CAG members will help you through every step of putting together a 1st class defence.

 

You're a long, long way off losing your home, if you follow the advice and help you'll get on this forum.

[Pinky69]

They never learn. Report this to the OFT as soon as possible - they are definitely on a suicide mission.

[shredder10]

How can they be this stupid it beggars belief

[Gary29]

Hi All

 

I really need some help as i am out of my depth now.

 

I received the normal DCA letter for a AA Loan that i defaulted on due to the birth of my 1st baby 2 years ago. I contacted the AA and told them my problems but they were not interested in helping. So i have been pasted from DCA to DCA.

 

Now it is with 1st credit who demanded full payment or court action.

I sent the CCA letter with £1 PO. they replyed with the comments that they have requested the document from the original lender and once i receive the CCA they expect full payment. $ weeks latter i received 1 page of the CCA with a letter requesting that i prove my signature by means of a copy of my driving licence!! which i think is strange.

 

3 days latter i get a letter from LCS solicitors demanding i settle the account in full or they will take me to court and charge me fees and solicitors costs. They then stste that once a CCCJ has been granted they will go back to court to force the sale of my homehey also state that they bhave been instructed not to correnpond with me prior to commencement of legal proceedings.

 

As you can imagine we are terrified at the propect of this as we have two young children and this would leavbe us finacially ruined with no where to live.

 

If there is anyone out there who can help us we would be eternally grateful as we just do not know what way to turn.

 

I will scan the letter and the CCA tomorrow and post on here

 

Please help us

 

Mick

 

Very Important. MBE don't whatever you do send them a copy of your signature. Some DCA's will copy it and paste it onto a valid CCA.

[palomino]

hey also state that they bhave been instructed not to correnpond with me prior to commencement of legal proceedings.

 

This is very wrong, and counter to all court principles in attempting to resolve the issue before it reaches court.

Make a formal complaint to the solicitors and then lodge a complaint with the Solicitors Regulatory Authority. You should be very persistent and even aggressive about this (but keep it polite and dispassionate).

 

If the solicitors say that they are only acting on instructions remember they also have a duty to advise their clients and should have done so in this case.

[Misterzeus]

Hi Mick,

 

Mr Z had the same grief and threats with these shysters and he sent the letter (courtesy of pt - Paul) below last October to 1st Credit, we have heard nothing since.

 

Send it recorded delivery but DON'T sign your name, PRINT (Mr Z typed his) only.

 

 

Dear Sir / Madam

 

RE Account No:

Your Ref:

 

I write further to correspondence from your solicitors LCS dated */*/2009.

 

In the letter, your solicitors make clear reference to bringing legal action against me on your behalf for a debt, which they claim, has been assigned to your company by **********.

 

Since you appear to be taking an aggressive stance with this matter and despite a reasonable request for you to substantiate your claims, for the avoidance of doubt, a request was made to ************** pursuant to the Consumer Credit Act 1974 for a copy of the executed agreement upon which your claim for monies is founded and to date no documents have been forth coming from ************.

 

Therefore take notice,

 

It is my intention to bring an action against your company pursuant to Section 142(1) (b) of the Consumer Credit Act 1974. I am of the belief that the document upon which your claims are based does not comply with the requirements of the Consumer Credit Act 1974. However your refusal or failure to supply me this information is causing me some problems, so I ask that you provide me a copy of the credit agreement which you are basing your claims so that I can have the document looked over by my legal advisors, if you refuse my request, I shall be forced to make an application for pre-action disclosure in my local County Court as it will be my contention that I have a claim against your company with a genuine prospect of success and disclosure is required to provide me the documentary evidence that I need to bring this action and to which I am legally entitled to.

 

Therefore I require a copy of the credit agreement, this will need to be the signed copy as this is now subject of litigation and as you will be aware S127 (3) of the Consumer Credit Act 1974 makes clear that a signed document containing the prescribed terms is a precursor to enforcement. I also require that you provide me with the notice of assignment which confirms your rights to make demands for monies against me and I require that you provide evidence of the service of the default notice required by s87 (1) of the Consumer Credit Act 1974. Finally I reserve the right to ask the court to order production of the Deed of Assignment should it be considered necessary, I do not expect you to supply this until ordered to by the court.

 

I require these documents to be supplied within 7 days from receipt of this letter, if you do not comply or fail to indicate a time frame for compliance along with a blanket withdrawal of the threats from your solicitors, I will make an application before the court for disclosure as previously outlined. I shall also include a request for costs as a result of the application and shall reserve the right to produce this letter to show that I have made attempts to obtain the information and shall ask the court to consider this when the issue of cost falls due.

 

I look forward to your compliance with my request.

 

Yours faithfully

 

 

Good luck

 

Regards

 

Mrs Z

[mickyblueyes]

Hi All

 

Thanks for your replies.

 

Attached are the docs that i have recived from 1st crudit and LCS

 

If someone could have a read and give me a pointer of my next step i would be eternally gratfull

 

Many thanks in advance for the help

 

Mick

1st credit cca reply014.pdf

LCS letter015.pdf

Edited April 14, 2009 by mickyblueyes

[mickyblueyes]

Thanks Misterzeus for the letter.

 

Will this cover my attached doc that i have just posted

 

Mick

[fuzzybobble]

Not had time to fully study the agreement as I have to go out soon, but it may be worth finding out if the lack of a right to cancel box on the agreement can make it unenforceable.

 

Also worth checking if the loan amounts and interest rate all add up to what's claimed.

 

Did they send you a default notice? It would be very useful if you have one, as often they can render the whole agreement void if they terminate the agreement with an improperly served Default Notice.

 

It may be worth you writing under a CPR request for full statements, default notice, and the terms and conditions that should have been included with the loan agreement.

 

(if you ever write to them, print your name, never sign it)

 

Don't worry about the solicitors letter. It's just 1st Credit's attempt to frighten you.

 

Before they could go for a charging order on your home, they would have to take you to court, obtain a CCJ, The judge would take into account a realistic affordable monthly repayment amount.

 

Only if you failed to keep up with the repayments of the CCJ could they go for a charging order. And most judges wouldn't order the sale of your home if you have young children.

 

It's also unlikely they would go for a SD either (first step towards making you bankrupt) 1st Credit have been warned by the OFT about this already. If they do, it's easy to get them set aside.

[Pinky69]

First of all they have not fulfilled your CCA request. They are supposed to send a copy of the Terms and Conditions that pertained at the time of the alleged agreement and statements showing what has to be paid and what still requires to be paid (CCA 1974). Secondly, one of the prescribed terms is wrong and that could render the "agreement" unenforceable. They have expressed the interest rate as an APR - they must express this as an interest rate. An APR contains other factors such as costs and it is impossible to extract the actual interest rate that was applied to the loan amount from it. Thus it does not meet the Consumer Credit (Agreements) Regulations 1983 requirement for the prescribed term "interest rate to be applied". Send them the Account in Dispute letter and let them work out why they are in default of your CCA request:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[blipvert]

The LCS letter has the date obscured, is it pre or post OFT reprimand ?

[babybear39]

Subscribing...

[mickyblueyes]

Thanks Pinky

 

I will get the letter in the p[ost first thing tomorrow.

 

Mossat_ I got the letter yesterday so after the OFT ruling

[propjoe]

LCS letter015.pdf

 

this letter looks exactly the same as the one i recieved the next one i got was the stat demand approx 4 weeks later

[blipvert]

Thanks Pinky

 

I will get the letter in the p[ost first thing tomorrow.

 

Mossat_ I got the letter yesterday so after the OFT ruling

 

good heavens, is this:

 

1: an administrative error,

or

2: a brazen disregard of the OFT reprimand

or, a

3: threat to phone them and get harassed/bullied.

 

any other suggestions/advice ?

Edited March 5, 2009 by blipvert

[pt2537]

report their asses to the OFT for breach of their licence restrictions and also complain to trading standards

 

i took these fools on for a client a week or so ago and they lost big time and got an adverse costs order against them:D

[angel_1]

:)hiya mickyblueyes wishing you good luck and im subbing if i may pls

 

had my letter from these muppets for debt assigned from mbna, to contact them and to pay them now and if i want data helf by them to send them the 10.00 fee, yeah likely not,,,,,

 

so will follow your thread as it appears im close behind you - keep positive i knew this is what would happen for me so with cag no longer scared -

 

we will get through this with the advice we need to follow from the experienced cag members and friends we have made here

 

also remember oft have them in their radar but quite clearly 1st credit must still think they can get away with stuff,

 

take care laters angel x

[mickyblueyes]

Thanks Angel 1. Nice to know that we are not alone in this situation. Thats a really handy web site to find out who is calling.

 

Does anyone have a standard letter to complain to the OFT about these people??

 

Many thanks

 

Hope your all enjoying the weekend

 

Mick