sorry

Hi all just an update on my previous threads about these DCAs. They were still attempting enforcement despite this account being disputed. Their last tactics was to send a letter via judge and Priestly solicitors about payment on the account and offering a discount of £900. this arrived 2 days after a bemused letter was sent to connaughts. Anyway this week a letter arrived from CoNNS stating that neither 1st crud or the OC halifax were aware of any dispute. I CCad wescot last year who sent me all the usual jargon about contacting their client but no CCa ever arrived . It was then passed to several other collectors before 1st crud. All of whom recieved an account in dispute letter. Now they are asking for all evidence of this account being in dispute to be forwarded to them. Should I sent copies of everything to them even the postal order I originally sent(which I copied just in case!). Any advice appreciated as usual guys and girls, x

anyone got any advice x

Hi all just a quick update. This morning I have recieved a letter from connaughts basically saying that 1st credit nor the halifax are aware of any dipute on this account! I cca'd wescot last year about this account and it went into default Jan 2008. They are asking for details of the alleged dispute to be forwarded to them. Now 1st crud sent me a dispute/query letter last month and said that it would take 4 weeks but now they are saying the know nothing of a dispute! Something afoot me thinks. Should I forward all the info when I cca'd wescot including the £1 postal order I photocopied (just in case)! they have now confirmed the account has been put on hold and any enforcement activity will be considered. Oh by the way I have reported 1st cud and connaughts to FOS, Ts and OFT. cheers guys x

Hi thanks for your replies, is there any letter though that i can send to solicitors and had anyone heard of Judge and priestly x

any advice anyone? x

Cheers is there a letter to send to a solicitor to remind them of a dc non compliance if they are acting on their behalf thanks

Hi all just a quick update. I sent the bemused letter on 10th march by recorded delivery. this morning I have recieved a letter from Judge and priestly solicitors saying that connaughts have appointed them to collect the balance owing. It also says on the letter that they will reduce the balance by £900 as a f&f settlement. This letter was sent on the 12th march. Any advice on what to do next? thanks

thanks for your help a bemused letter is on its way xx

hi all 1st crud has now passed to connaughts on my disputed account is it time for the bemused letter again. This is the 4th time now its been passed on.1st crudits time was up last week on sending a copy of the CCA which i requested from ODC in dec 2007. Any advice appreciated folks:-x

Your Reference: Client reference: Dear Sir or Madam, I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date*** 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 ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, 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 be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities. If ***DCA***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. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Yours faithfully __________________

lmao:D

send them the bemused letter. Im sorry I dont have it but someone will. x

knowing youre all there for the advice helps a lot x

Aww thanks everyone I think I just needed some advice from my fellow caggers. Just to let you all know they have 8 days to respond back to me when their MONTH ends for contacting their CLIENT...roll on. Thanks to all for your advice and reassurance it means a lot x

Hi worst crudit rang me this afternoon despite me sending a letter requesting all contact should be made by letter only. The person asked for me but I declined to identify myself and asked for their name. I didnt get their name but they waffled on anyway. They said they had info about the disputed account and needed me to confirm my identity which I declined again. I told them that what they needed to say could be put into a letter and sent to me and I had no need to speak to them. They said they had sent several letters to me (they have all been demands for payment!)and some sort of contact neede to be established! this account has been in default for ages now but curiousity isgetting the better of me. I hope you will all tell me that I have done the right thing by not entering into conversation with them. I just think that they wanted to suck me in but i wasnt interested! Any advice is greatly appreciated fellow caggers! x

thank you so much Cerberusalert You have saved me from worrying all weekend! your advice is very much appreciated thanks x

Hi Sorry I dont think I explainedthe last post I did very well! The letter I recieved this morning was from LCS which are the in house legal dept of !st crudit. It was them that mentioned about ccj's, stat demands and charging orders. LCS said not to enter into any correspondence with themselves it has to be done with !st crudit and gave their telephone number. This account was first passed to wescot who I originally CCA'd in dec 2007. The account went into default in Jan 2008. Wescot said they would contact their client but I heard nothing until they said that the account had been closed and removedfrom their system and sent back to halifax. They then passed it on to IGOR who I sent the bemused letter to and they said that they would be in touch with the halifaxand the account put on hold. they sent me a copy of their complaint procedurewith the letter.I then heard nothing from IGOR till Sept 2008 when they told me I had been removedfrom their system and it was being passed back to the client. I then recieved my £1 postal order back from wescot in november. In Jan this year i got my first letter from !st crudit saying that they had the account, I sent them the bemused letter and got a reply saying they would notify the halifax of my dispute. I still keep getting these lettersfrom !st crudit saying that they want payment of this money and to contact them even though they know it is a disputed account. This leads me back to the letter from LCS this morning. sorry its a long post just thought that I could explain it better. Thanks for listening and all your advice is very welcome x

Hi they have said I have to contact 1st credit to make payments or this is the action that will be taken. I think these are the legal team for 1st cudit x

Do you think this letter is ok? I must admit that I am rather bemused as to why this account has been passed to yourselves as it is in dispute with Halifax and has been since 6th January 2008. 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 you are aware while my CCA request remains in default enforcement action is not permitted, under s 127 this constitutes a defence at law. Consequentially any legal action you pursue will be deemed as both unlawful and vexatious. My last letter from 1st Credit was on ……..and intimated that my complaint would be resolved shortly whilst you contact you client. As Halifax are now in default of my CCA request I consider this account to be in dispute Now I would respectfully suggest that this account is returned to the Halifax for resolution of these defaults and breaches as 1st credit cannot lawfully pursue any enforcement activities. 1st credit has chosen to ignore my dispute and is still attempting enforcement. I will now have to file reports with the appropriate authorities. You have still been sending letters asking for payment and to contact you. The latest being from LCS dated the …… stating that they will start County Court proceedings ,seeking Charging Orders and Statutory Demands. As you have not complied with my letter dated ………..I have no choice but to contact Trading Standards regarding your activity on this account. I would appreciate your due diligence in this matter

Thanks for your help I really appreciate it x

hi is that to my own branch or the one where they are based? I can always rely on you! What will happen when i get them involved? Is their any templates I can send to 1st crud? thanks again x

Hi all hope you are well. I sent the bemused letter to !st cruditon the 19th jan. on the 26th jan i recieved a letter and they told me that they will get in touch with Halifax but it may take a month. On the 11th feb I recieved a letter from !st crud saying" thank you for your communication,The contents of your letter have been noted and to please telephone them. This morning I recieved a letter from lcs dated the 12 feb demanding the money and talking about charging orders etc and saying that all payments must be made to 1st crud. It also says that if i am unable to make payment in full to ring them. surely they should not be corresponding to me if this account is in default! Any idea what to do now and what letters to send. Thanks all for listening. x

hi Rory 32 The original creditor is halifax cc and was taken out in 2002. Its been passed to wiscot, igor and now first crudit. The latter advising me they have done a land registry search and to get in touch. I sent them the bemused letter by recorded of course last week and havent heard anything yet. cheers

thanks I was quite bemused lol. So even if the previous dca sent my payment back I still have them by the short and curlies lol x