1st Credit Help

[dx100uk]

yep

do a scan of the doc and put it on a msg here

 

dx100uk

[Pride and Passion]

I am still trying to get a loan of a scanner to scan the document but i now need further advice.

 

I sent 1st Credit a harrasment letter requesting all future correspondance in writing. They responded stating they dont feel it is harrassment and called me again today, is there anything i can do bout the stress and pressure they are putting me under?

[rory32]

Make a complaint to Trading Standards. If you feel like it you can also make a complaint to the police.

[Pride and Passion]

It would be good idea to post the actual document they have sent you.

 

Just because it says consumer credit agreement on it and is signed doesn't mean it meets all the required criteria for it to be an enforceable credit agreement.

 

 

Here is the so called agreement (i have blanked out personal details)

[rory32]

Can you try again paul - it's too small to read.

[Pride and Passion]

deleted

[Pride and Passion]

how do i make it bigger??

[Pride and Passion]

how is this?

Paul Credit doc.doc

[rory32]

Where are the terms and conditions?

[babybear39]

Hi paulorussell

 

You're in 'good company' with this lot, as are a large number of us on this forum, 'cos they'll try every trick and then some...

 

Don't be fooled and bullied anymore.

 

You might want to take a look at my own thread with 1st credit, here's the link:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/92556-help-again-please-1st.html

 

Good luck and best wishes with your dealings with them.

 

BB

[rory32]

I was actually being serious - where are the terms and conditions that they refer to on the credit agreement?

[Pride and Passion]

Hi guys

 

I should also mention that i think the agreement on the left hand side of the page has been paid off i.e the loan but on the other side of the page there is a preference account that is what i think they are claiming i owe them money on!

 

I noticed in notice to the customer that they refer to clause 8 over the page but the copy sent was only single sided

 

Paul

[rory32]

That's why I was asking about the terms and conditions. They specifically refer to terms and conditions overleaf. Without this the copy of the agreement is unenforceable.

[Pride and Passion]

So whats the next step, wait until we go to court and argue that this agreement is not enforceable or should i make them aware of this fact? Really worried bout going to court etc because they have now sent me a letter threatening earnings arrestment etc

[rory32]

There is no harm in telling them that they haven't sent you an enforceable copy of the agreement. What you do need to do though is send them a SAR with THIS ACCOUNT IS CURRENTLY IN DISPUTE. at the top of it. This will give you an accurate picture of the charges on the account. From this you can identify what you owe (if anything). They can not successfully take any legal action against you while the amount owing is in dispute.

 

To be on the safe side I would send the SAR to them by special delivery tomorrow. You can spend a little bit more time working out if you want to tell them that the CCA is unenforceable.

[Pride and Passion]

Thanks Rory i will do that tomorrow, should i include a cheque for £10

[rory32]

Yes

[Pride and Passion]

I have sent the request plus the £10 and 1st credit have responded that they will contact their client for the information and it may take up to 30 days and if i am not disputing the whole amount to contact them (i dont know if i am disputing the whole amount until i recieve the info asked for)

 

Anyway today i recieve a letter from LCS solicitors who are acting for 1st credit (same people if u ask me) basically threatining me with court action unless i pay up within 14 days.

 

What do i do, as i am really worried now?

[babybear39]

Hi paulorussell ,

 

Scare tactic, hold your guns

 

Good luck,

 

BB

[rory32]

You need to write to the solicitors informing them that the account is in dispute. Inform them that if they do not understand the reasons why the acount is in dispute then they should speak to either 1st credit and/or The Bank of Scotland.

 

You may also to draw the solicitors attention to this:

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

 

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

[Murphy69]

Hi Murphy69 ( N. Ireland )

I have been reading with interest. My £1.00 cheque to 1st credit was cashed on the 13th April. received their standard letter about taking up to a month to process. I have been dealing with 1st credit on this particular debt for app 2 years and long before i discovered this web site tried to come to a F and F settlement with them for about 10%, they previously settled a £6500 Nat west credit card debt in 2003 for £700. This time they are not interested and say will go the whole hog, CCJ and then Charging Order. The guy got nasty around the 17th of April when he phoned, I told him I would not enter into further discussion until I had a copy of the agreement, he told me I had already acknowledged the debt as i had previously sent a token payment of £20.00. I told him that didn't prove anything only ignorance on my part and I wanted to see a copy of the agreement at which point he put down the phone. 5 days later on the 25th April they acknowledged my request even though they had cashed the cheque on the 13th.

My question is where do I now stand? no paperwork has come through, is for a RBS Aventa £11.5k debt, as far as I know they have 12 working days + another 40 working days to comply, some has said it is 30 days and it is 30 days, not just working days. which is right - please help - and where do you get a hold of this info, ie prescribed terms etc. lets say they turn up the agreement in 6 month, is it still enforceable if they go to court? How would you suggest I fight my corner.

[clutchingatstraws]

SAR requests allow the creditors 40 days to comply.

 

If an enforceable agreement turns up you will probrably have to start paying but ask for further advice as it seems to me that what they actually have is unenforceable.

[rory32]

CCA requests are 12 working days + 30 calender days. As Cas says it is the SAR that you allow 40 calender days for.

[Murphy69]

Hi thank you for replying to my post clutch and rory32. my £1.00 cheque got cashed on the 13th of April, 12 working days = 1 May + afurther 30 calander days = 31 May. So now 1st credit have broken some law, what part or reference within the CCA 1974 have they broken and what are the implications re further action if they subsequently turn up a copy. does anyone have experience of a late copy and a subsequent court case and a result? I also have an agreement with RBS subsequently bought by cabot and it is exactly the same as posted by paulorussell earlier. the fact that they only supplied the front copy and not the terms and conditions as mention from the reverse, does this also make it unenforcable? I ran my copy for £30.00 through the FSA credit checker and the following faults were said to be found:-

Conclusion:-

FSA consider the agreement to have been improperly excuted and in accordance with CCA section 65(1) the creditor may not take steps to enforce the agreement. What does section 65(1) state? anyone please.

the FSA checker also says that agreement must have a certain format to be legally enforcable under the CCA - has anyone else used the FSA checker?

[dx100uk]

Hi Murphy69 ( N. Ireland )

I have been reading with interest. My £1.00 cheque to 1st credit was cashed on the 13th April. received their standard letter about taking up to a month to process. I have been dealing with 1st credit on this particular debt for app 2 years and long before i discovered this web site tried to come to a F and F settlement with them for about 10%, they previously settled a £6500 Nat west credit card debt in 2003 for £700. This time they are not interested and say will go the whole hog, CCJ and then Charging Order. The guy got nasty around the 17th of April when he phoned, I told him I would not enter into further discussion until I had a copy of the agreement, he told me I had already acknowledged the debt as i had previously sent a token payment of £20.00. I told him that didn't prove anything only ignorance on my part and I wanted to see a copy of the agreement at which point he put down the phone. 5 days later on the 25th April they acknowledged my request even though they had cashed the cheque on the 13th.

My question is where do I now stand? no paperwork has come through, is for a RBS Aventa £11.5k debt, as far as I know they have 12 working days + another 40 working days to comply, some has said it is 30 days and it is 30 days, not just working days. which is right - please help - and where do you get a hold of this info, ie prescribed terms etc. lets say they turn up the agreement in 6 month, is it still enforceable if they go to court? How would you suggest I fight my corner.

 

well it seems to me that the debt is by now obviously unenforceable.

the CCa deadline has been gone & sunk!.

so in a way this looking very good.

 

As far as i have gained from my time on here, they cannot enforce the debt at all now without going through the courts & will look pretty stupid when [if] they ever take it to court. the judge would have a field day on them if they suddenly magic up an agreement & deed of assignment when they have legally been requested to do it previously.

 

i bow to rory32 & his vastly superior knowledge on these subjects & p'haps suspect he will be back soon to fill in the gaps. very knowledge gent.

 

i've not got time to have a root around, but there must be a few other cases like this on here.

 

try a search for unenforceable debt should yeild what you require

 

why not start your own thread too.

 

dx100uk