lloyds 2007 and 1st credit 2012

[kel123]

Hi all, it’s been a while because nothing as been happeningon the debt front – I have been paying the ones that have to be paid andignoring the ones that couldn’t do their jobs properly.

 

In march 2007 I stopped paying a Lloyds credit card because allthey could supply was a CCA with no reference numbers on it what so ever,although it did have a signature. I SAR’ed at the same time and nothingdifferent came back. I officially complained and was given a reference number.Lloyds wrote each month saying that they were investigating, these stopped andI have heard nothing since.

 

I did post the CCA at the time and it was agreed that it wasunenforceable, it is on here somewhere.

 

So mid next year it is also statute barred.

 

The account as now been sold to 1st credit, whohave sent through the assignment and offered a 5% discount. A couple ofsolicitors have tried to phone but I just refused to answer their securityquestions. But today an interlink currier as tried a number of times to delivera letter, my thoughts are that it is the SD that they have been threatening.

 

Because it as been a few years and having experience of ajudge that was not interested in anything pertaining to 1974. I need to make sure of my rights. I know Iwill have to write to them stating account in dispute but being so close to the6 years I am reluctant. Yes there is PPI but again if I go this root I amadmitting the account is mine.

 

I really need a good letter that says the account is notmine and you cannot prove by CCA that it is but if it was, it is in dispute asof 5.5 years ago!

 

I have got all the paper work! (DN 2006)

[BRIGADIER2JCS]

Hi 1st credit are agressively chasing debts of this sort of age at the moment.

How much is the debt?

Is the debt showing on your credit files?

 

I suggest that you send the following letter to the Compliance Manager at 1st credit by recorded delivery.

 

Ref: as on their letters.

 

Dear Sir or Madam,

I refer to your letter dated xx xx xxxx rearding a debt forv £xxxxx which you allege is owed by me, please note I do not acknowledge any debt to 1st Credit and cannot reconcile to what this matter refers.

 

Please treat this letter as a FORMAL request under sections 77/78 of the Consumer Credit Act 1974 for 1st Credit to Produce a full compliant copy of the properly executed regualted credit agreement within the statutory 12+2 working days from the date of this letter.

 

You should beware that if this matter refers to an agreement that dates from pre April 2007 a reconstituted agreement MAY satisfy the requirements of the 1974 Act but the

original agreement for the alleged account must be produced should you wish to make any claim through the courts.

 

I enclose a postal order for the statutory fee of £1.00 which is to be used for this purpose only and is NOT a payment to any alleged debt or an admission of liability.

 

I will expect 1st Credit to comply within the required time limit, should you not be able to comply you must immediately inform me in writting, in this event you can condsider this matter formally in dispute.

 

Furthermore I insist that ALL contact regarding this matter is made in writting via Royal Mail (proof of posting is not accepted as proof of delivery of ANY item of mail) .

Any telephone contact by 1st Credit or any associated company, agency or representative of 1st credit will be considered harassment.

 

This letter is sent by RM recorded delivery and its delivery will be tracked.

[42man]

A good letter above OR you can edit and send this recorded

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (names of previous DCA's / Bank here) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand or a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

 

Yours faithfully...

 

(You could also add -

 

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