Thread: 1st credit, littlewoods/woolwich

Originally Posted by Ally

Any help greatly appreciated here;

Have an oustanding Woolwich open plan account which was a littlewoods credit/store card dating back 6 years and is now in the hands of 1st credit,

I have been paying back £20 monthly to 1st credit all ok untill they cocked up some how with the payment with another account in my family's name and were taking the wrong funds out of my account at £80 paying off a different debt! I made up the the arrears on my account in 3 payments and returned to the original £20 agreement, But they are not whiling to accept that ammount anymore and want £158 pcm which is impossible, I have offerd £40 which is all i can afford and explained that i have other Debts to pay but they were receiving the most of my available funds, but they are refering me to their legal department!

Ok first thing is to make sure that they correct THEIR mistake and credit any money they have wrongly taken to pay the other debt back to you. If it's been paid by direct debiot then the bank should correct it under the direct debit guarantee. No way would I increase the payment, at least until such time as they start talking to you. I meet stubborn with stubborn

Since discovering this website (awesome) i have asked them to send me all statements which they did (without a Data Protection Act request) Act and after i had the info i contacted woolwich/littlewoods/barclaycard about charges/payment protection plan/Interest charges , but no one had any details relating to my account at all!

Are we talking one account or three here ? PPI is mostly a waste of money and unless you can use it or really want to keep it then I would cancel it immediately

my main issues are remove the charges
find out about the Payment protection plan aggreement
And all the interest on the account!
The total ammount of these 3 is £2300, on a debt 0f £6800,

But 1st credit are not interested in any of my issues and won't pass on
any details of their client to me, will they still have a client or would they of sold the debt & written it off?

I think they have to supply details of your account if you ask for them.

I have read on other treads about an S.A.R but can't find a template, also going to send a proof of debt letter?

The S.A.R - (Subject access request) is a Data Protection Act letter and will be found with all the other template letters in the library. Proof of debt would be good to try. You could also send them a CCA s77(1) and s78(1) letter asking for a copy of the original signed credit agreement. They have to reply in 12 days or they go into default, after another 30 days they commit a criminal offence and the debt becomes unenforceable as long as they are in default.

but not sure where i stand on them refusing my payment offer and going legal, I have nothing in writing from them and they won't comfirm anything in writing!!

I would keep sending them the £20 a month as a sign of good faith while its resolved. Plus write to them making it very clear the account is in dispute. Keep us updated on your progress please.

Help please geezers

Ally

tamadus

Hello everyone

Had this reply to my CCA request from 1st credit today;

Mr Ally


dear sir/madam

acount info
blah,blah


Request for copy agreement
I refer to your communication asking 1st credit Ltd to provide you with a copy of the relevant agrement.

We will shortly be advising our client of your request. This document will be sent to you as soon as possible. This process may take at least one month

Once you have received a copy of this agreement we would expect you to contact this office immediately to arrange settlement of this debt

please call this office should you wish to discuss this matter

yours faithfully


Administration Department

Any advice greatly received as not quite sure whether to reply or not?Once again thanks for all the help Tamadus

Ally

Ally I have replied to this in email, and I agree this is a statement of pre-meditation to break the CCA. My initial reaction would be to write back pointing out the time limits and their responsibilities. I would also contact Trading Standards as the enforcement agency.

Ok hows this for a reply anything else i need to add or errors i've made?

Dear Sir/Madam


In reply to your letter dated 2/10/06 and further to my request dated 26/09/06

I remind you of your obligations under the Consumer Credit Act,

Firstly, you must supply me with a true copy of the agreement you refer to in this matter within 12 working days. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. You have received a £1 postal order in payment of the statutory fee.

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 1974 and therefore is a complete defence to any court claim that is issued

Yours faithfully

Ally

Looks good to me Ally

Should i still send a D.P.A , S.A.R?

Originally Posted by Ally

Should i still send a D.P.A , S.A.R?

I would Ally, your trying to trace as much information as possible, so it can't hurt

Ally, I received the same letter, nearly word for word from 1st credit. So it seems its like a bog standard letter that they send out. Still one good thing they cannot pursue the debt without first supplying the CCA.

Quick update, the 12 days are up on the CCA request , should I contact them to let them know ? I have already sent a letter before the time limit expired reminding of their obligations, Also is it 30 working days from the initial request before they go into default or 30 days?

Cheers Ally

Ally,
Once the 12 working days expires they go into default. after a further 30 calender days they commit an offence. Why bother reminding them? if they can't keep track of the days why should you do it for them ?

Sweet my thoughts exactly

cheers Tam good luck on the CCA thread its been an inspiration

Ally

Greetings all

Damm that 12+30 time limit drags!!!! Expired today, 16/11 , but on the 15/11 1st credit sent a copy of the application form signed by myself & a letter dating back 6 years requesting the minimum payment!

It mentioned nowhere on the application the CCA at all, there is no offer of a cancelation opt out or any signature by the issuer,

so as i see it this is not what is required under the CCA request?
And am not sure of what is the next step to take,

thanks

Originally Posted by Ally

Greetings all

Damm that 12+30 time limit drags!!!! Expired today, 16/11 , but on the 15/11 1st credit sent a copy of the application form signed by myself & a letter dating back 6 years requesting the minimum payment!

It mentioned nowhere on the application the CCA at all, there is no offer of a cancelation opt out or any signature by the issuer,

so as i see it this is not what is required under the CCA request?
And am not sure of what is the next step to take,

thanks

the agreement should include the wording in bold heading that it is an agreement regulated under the CCA 197 and it should have a cancellation box.

It sounds like a simple application form they have sent so it doesnt fulfill your s77/78 request. I would write back telling them that and that the agreement is no longer enforceable without a court order. Then sit back and see what they do. Most companies so far have gone very quiet when challenged.

Thanks Tam thats what I thought aswell, I will make them aware of the situation and see what happens,

The big CCA thread is still enthralling keep up the hard work mate later Ally

Evening Had an expected call from 1st credit today, asking me to increase my payments, they continued to discuss my account even though I refused to go through the security procedures over the telephone, I informed them that a letter would be on its way to them this week, Has any one got a template for this type of letter, breach of CCA? As im not to sure of wording etc & my letter writing Skills are as pretty poor at best!!

Any help would be great

Ally

Originally Posted by Ally

Greetings all

Damm that 12+30 time limit drags!!!! Expired today, 16/11 , but on the 15/11 1st credit sent a copy of the application form signed by myself & a letter dating back 6 years requesting the minimum payment!

It mentioned nowhere on the application the CCA at all, there is no offer of a cancelation opt out or any signature by the issuer,

so as i see it this is not what is required under the CCA request?
And am not sure of what is the next step to take,

thanks

Hello, sorry to jump in on your thread... You could always ask them to confirm in writing that the document they sent you is the credit agreement....

If it is and it is not signed by the lender it has been improperly executed and is unenforcable without a court order. If it is the credit agreement, going by documented case law, I do not feel that a court order could be given.