Thread: 1st Credit - Stat Demand - Help Please **WON**

You need a substantial reason/reasons to set aside.....

If it was me in your postition I wouldn't even mention the payment plan...if they have the temerity to send out a demand without having any paperwork to submit a proper claim, then I would use the arguments below...

As you have already sent your defence. the good news is that they are probably in default of your request for a CCA....(I presume you have the correct piece of the Consumer Credit Act 1974 to quote this to the judge just in case !!)

You can also tell the the judge that you have had no defaults in the prescribed format.

No notices of assignment

No statements for the duration of the contract (it not being uncommon that debts can be made up entirely of excessive penalty charges)

Don't forget to fax / send your costs in to the court 24 hours before the hearing - have a look here for help on costs - http://www.consumeractiongroup.co.uk...ankruptcy.html

1st credit in my experience never turn up in court, basically because they have to pay for their own solicitor and potentially pay for yours, they are hoping that you will be frightened into paying....but you should be showing the judge how disgusted you are at them using the Insolvency Service as a tool for collecting on disputed debts....you can be sure that when 1st Credit issued the demand they had NO agreement, no default notices, no statements etc....

Please have a look here - http://www.consumeractiongroup.co.uk...gal-successes/

If you need any more try ringing Mr Silcock on the demand log the times and dates of your calls, you will NEVER get to speak to him....!!!

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.
This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

And Bladeboy's advice is spot on too....report them to TS, OFT, and your local MP !!!

No problem GDF.....have you submitted your set aside papers and affadavit as yet ? what did you put on the affadavit ?

Are you aware of the background to why you need to request a consumer credit agreement ?

Sound advice from Sax20....and you say you put in your affadavit and set aside a few months ago ? Ring the court ASAP and find out if anything has been done yet....

Chaser letter here -

Send by recorded....and edit as required

Account In Dispute

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

If it was me I would avoid the dmp.....

It might be a good idea to send a SAR request, (you should claim the £10 back on your costs) at least it will show the judge that you have attempted to find out more about the debt. Just be clear on what is being said about the agreement, the default, the statements (excessive charges).....and the accompanying high court case law too....

Use this SAR to the original creditor

Data Protection Act 1998

Subject access request

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,


Sign your name but put lots of crosses through it so it can't be 'lifted'