Hi All Not been on here for a while as there was nothing happening on this thread. But the Muppet's at 1st credit have come out the closet again, received a letter from them today stating that all the information they sent complies to the consumer credit act and they want there money. Here's a copy off the letter i received from them, any suggestions on the next move i should do with this.

Hi All Not been on here for a while as there was nothing happening on this thread. But the Muppet's at 1st Credit have come out the closet again, received a letter from them today stating that all the information they sent complies to the consumer credit act and they want there money. Here's a copy off the letter i received from them, any suggestions on the next move i should do with this.

Hi Yes, have had and still getting replies from RBS. They too sent me an application form saying this was and agreement, they've also passed it onto 9 dept collector companies. So i wouldn't worry to much about them if they cant send you a copy of the agreement. Mine's been going on since 2008, and they have now sold it onto a company which have sent me the same application form saying it is an agreement. Gaz

Hi All Thanks for all the replies to this thread. Just Received another letter from first Credit today . The letter start as follows Dear............... Re: Complaint Further to the above and your letter of the 6th May 2013, I am sure you will appreciate that we are awaiting information from the Halifax in order to resolve your complaint. We do not consider the matter closed and hope to be in a position shortly to inform you the Halifax's response. Yours sincerely Compliance Manager That was the response i received today. Let's see what happens next

Hi All Just an up date to this thread. I wrote to them stating they had 7 days to comply or i consider the matter closed, as the kind Brigadier said to do. Well i had a reply ro that letter i sent, it says the following. Dear Sir/Madam Thank you for your recent correspondence. Your letter has been passed to the appropriate department and they shall respond in due course. Yours Faithfully Gavin Flynn Head of Collections We will have to wait and see what they send through if anything. Gaz

Hi Brigadier Thanks for that advise, i'll get a letter drafted up over the weekend. Gaz

Hi All Just an update on this thread. Received a letter from 1st Credit today, i think there a bit annoyed in receiving the letter i sent them a couple off weeks back. Here's the letter i received today. Gaz

Hi All Just received a reply from the letter Brigadier kindly sorted out for me. It's just a standard letter i think they send out for delaying tack ticks that they do. Gaz

Hi Brigadier Thank you for your time in helping me with this matter, the letter looks great to send them. I'll get it in the post first thing tomorrow. Gaz

Hi Brigadier Thank you for helping me in this matter. I was going to send the DCA this letter. Dear Sirs, Account Number: XXX Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974 I note that you have replied to the above by sending a copy of an application form plus another companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act. To clarify, just sending this information out is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement. This breach of the agreement can be demonstrated as follows; As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues Yours faithfully What do you think, or should i stay silent in replying to there letter. Gaz

Hi desperate Daneiella Yes, they do seem a bit dopey as i cant see how they can use an application with another account number trying to say that this is your agreement and send me a made up agreement with another company and account number. lol. Gaz

Hi Brigadier Thanks for looking at this for me, is there a template letter i could use so i can send to the data controller. I was also going to send the DCA a letter telling them that they have failed to produce the information that i originally asked for i.e copy of my agreement. Gaz

Hi Brigadier Yes, its a reconstructed Ts&Cs from Bank of Scotland which never owned Halifax at that time. The Application form i posted already in post one, which is a different account number to which they are asking for. Gaz

Hi Brigadier Thank you for looking at my post, yes i sent them a formal CCA request with a statutory £1.00 fee. The replied sending me a copy off the application form plus made up terms and conditions from Bank of Scotland. Gaz

Hi All Just an update on this thread, received a week ago a letter from 1st credit giving me the latest annual statement detailing all financial transactions from 1-3-2012 to 28-2-2013. As there's not been any correspondence from me how can they say or send this to me. Today i received another letter from them stating why i have not replied to there letter they sent me. Just wanted to know whether to tell them that the information they sent me, did not comply to what i asked for i.e a copy of my agreement. Any iders in whether i should respond to the letter i received today or to hold on for a while and see what happens. Gazza

Hi All Just an update. Received a letter from 1st Credit today, with a copy of my application form again and a made up agreement from Bank of Scotland. They state in there letter that they have fulfilled my request in sending me all documents that i asked for. Which is in fact the application form which is the same one i have put up on my earlier posts. Here is a letter that was sent to me today. As i will probably be responding to them again, is there a template letter i can use? Regards Gaz

Hi Citizen Thanks for that, i'll get the amended letter in the post to them tomorrow. Gaz

Hi All Just posted a letter that i'm going to send off to Natwest, can anyone take a look and see if there is anything to add to this letter Dear Sir/Madam I am writing in regards to the above account and can confirm that my circumstances have unchanged and that I will continue to make the payment as previously been agreed. You asked for doctor’s/hospital letters in this matter, I must tell you that there is a charge that the doctor’s and consultants at the hospital make to send out letters. The charge is £50 per letter As at the moment I’m under two hospitals with my bowel cancer treatment and calcium problems and 4 clinics I visit at the moment, plus doctor’s letters If you want me to get letters, then you will need to send payment £300 plus costs to me first, for me to get those letters the consultants. As you must understand I haven’t got that sort off money to payout for letters. At the moment I’m under a lot off stress in dealing with my health condition and don’t need any added stress. I’ve enclosed a financial statement that you sent me and also a copy off the benefits that I’m on at the moment. Yours Faithfully

Hi Citizen Thanks for looking at that for me, ok i'll write back and state that my circumstances have not changed and will carry on paying the agreed amount. I was going to go on the lines and say until i supply any information i need a copy off my original agreement that i've been asking for. When i get that i'll send them a breakdown off my finances and what i'll pay them each month, which will still be £1. Gazza

Hi All Not been on for a while due to getting over my illness and not having anything to post as it was very quiet, Until Now lol. Received a letter today telling me that the £1 token payment has now ceased. They are asking me for me to get letters from my doctor/hospital confirming my condition and the likely prognosis. Well i'm certainly not willing to do the above, as my disability that i'm being paid at the moment should be enough for them. Secondly they have still not complied to my CCA i send them a few years back and still waiting to this day. Here's the letter i was sent today. Just need a bit of advise in what letter i should send them back, i was going on the lines and say this account is still in dispute and can they send me a copy off my agreement. Gazza

Hi Brigadier Thanks for dropping in and looking at my thread, I did send them a £1 postal order for this at the beginning off September asking for a CCA. Thats when they replied send me a load of statements but know CCA. Gaz

Thanks Dotty for that, yes i'll see what happens as i don't think they know there left hand to there right lol. Gaz

Hi All Just an update on this thread, Received a reply from the letter i sent to 1st Credit today. Should i reply to this or just wait to see what happens next. Gaz

Just forgot to mention, the application form they sent me with the reference number is differant to the one they are attempting to sue me for. Gaz

Thanks Brigadier I'll get that letter recorded in the post 1st thing in the morning. Gaz