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1st Credit no cca threatening charging order


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my daughter cca'd these people back in July no cca sent. just after xmas letter from solicitor threatening court action. Saw them off with a letter l found on here by Curly Ben. This morning she has received a letter from 1st Credit stating that they have looked on the land registry and as they own their house are threatening to go 4 a charging order! I've had a read round some threads but cannot find a suitable reply to send to these idiots! Please could someone point me in the right direction. She also wants to report these people to all the relevant bodies. Any help greatly appreciated.

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How old is the alleged debt?

 

If it's over 6 years since written acknowlegment or payment, then it's statute barred. If that's the case send this:

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

If it isn't, send this:

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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

BLAH

 

Edit as necessary and credit to the person who composed it (not me)

 

Send recorded and DO NO SIGN, print name ;)

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Also they cannot get a charging order without a CCJ. They can not get a CCJ with out a credit agreement so dont worry just a scare letter.

 

HAK

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FSA

25 The North Colonnade,

Canary Wharf,

London E14 5HS

 

OFT

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX.

 

TS

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

put your postcode in for your nearest one, and then the companies address of whom you want to complain about

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Just to let you know that this is a standard letter of theirs regardless, a while ago whilst on a fishing expedition for me, they sent a series of letters to an address where I had stayed some years ago stating that they had done a land registry search and threatening all sorts. It wasnt my house so that could have been interesting to say the least.

 

I know the present occupant well and he was a bit peeved at first but after checking up on what they could and couldnt do, just laughed at their stupidity.

 

I have had all sorts of threats from them and letters alleging that I had made offers of payment, all sent while I was waiting for them to come up with my CCA request which incidentally they still have not.

 

The last communication from them I got was a letter saying that even in the absence of a valid agreement, they would still expect me to pay.....yeah right, without even proving its my debt.

 

They are a nasty bunch, no getting away from it but they can be handled with patience and the help of fellow Caggers.

 

Dont worry too much at this stage.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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thanks Belaflat for that. My daughter is not scared or worried just very angry! All letters printed and ready to go off to the relevant authorities. Once again thanks to all of you and will keep you posted on what happens especially as she is sending letters of complaint.

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  • 5 months later...

hi there this is on behalf of a friend of mine. there is a lovely letter somewhere on here to send to the solicitors when a DCA has yet to comply with a CCA request it starts with " I am frankly amused to have to remind a firm of solicitors" etc but l cant find it ! Anyone point me in the right direction pls?

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Mmm the template letters section really could do with some updates

 

Adding:

 

The letter to send when no CCA has been forthcoming;

 

The letter to send when passed to another firm of debt collectors when no cca has been forthcoming;

 

The letter to send when a firm of solicitors writes when no CCA.

 

 

Amongst other commonly used letters in this section! You see them all the time, but when you actually need to find them, it's bloomin difficult!

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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I use this one for 'solicitors' these days.

I refer to your letter of******* the content of which is noted.

 

PLEASE SEND ME A COPY OF YOUR COMPLAINTS PROCEDURE

Frankly, I am surprised by the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) received by ******* on *******.

 

I can only assume therefore that ******* failed to inform you that the account remains in dispute through *********’s non-compliance with this request.

 

Your letter is clearly, therefore an unlawful demand for payment and is, in my view, contrary to s.5(2), s.6(a)(b)© and s.7 of the Consumer Protection from Unfair Trading Regulations 2008 as well as being in breach of the OFT guidance on Debt Collection.

 

For the avoidance of any doubt, no payment will be forthcoming in respect of this alleged debt.

 

Should ******* persist with threats of legal action, I would very much welcome the opportunity for a judge to look at several offences committed by ******** under The Data Protection Act, 1998 and The Consumer Credit Act, 1974, as well as***********’s non-compliance with and total disregard for the law on this occasion.

 

Take notice that any further collection activity will be viewed as harassment and action taken accordingly. Further, unless you can provide evidence of my explicit consent to the processing of my data by ********I now require you to confirm that you have deleted all my personal data from your systems. Failure to comply will result in a formal complaint to the Information Commissioner.

 

In the circumstances, I am unable to enter into further correspondence with you. Any further contact from you, other than to confirm that you have closed your file, will be viewed as harassment and treated accordingly.

 

THIS IS THE SUBJECT OF A FINANCIAL OMBUDSMAN SERVICE COMPLAINT.

 

If you do not understand this letter you should pass it to someone who does

 

Kind Regards

Edited by zazen.warrior
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  • 1 month later...

finally they have sent a document which is clearly an application form! l've tried to scan it to put it up here but having problema at the mo although l will keep trying. l've been looking for the letter to send which tells them that what they have sent is unacceptable. Would someone kindly point me in the righ direction Thanks

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Hi elliesnan,

 

Just amend babybear39's second letter to suit (or whatever you wish to say) , so it would read :-

 

 

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.

 

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

As you are no doubt aware section 78(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

BLAH

 

Edit as necessary and credit to the person who composed it (not me)

 

Send recorded and DO NO SIGN, print name :wink:

 

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  • 3 months later...

hi all son in law received a letter in response to the one sent from link above. Basically 1st Crud "do not consider that they have failed to send you a true copy of the original Credit Agreement" therefore they now require payment. At the bottom of the letter it states "yOU HAVE NOT SPECIFIED UPON WHICH GROUNDS YOU RELY FOR YOUR NOTICE UNDER S10 OF THE DATA PROTECTION ACT AND THEREFORE WE DO NOT CONSIDER THIS VALID; FURTHERMORE THIS IS NOT A VALID REQUEST AS IT FALLS UNDER THE EXEMPTION IN SCHEDULE 2 SECTION2 a OF THE ACT. They have sent a copy of their complaints procedure.

So guys what if any response should he send? Any help gratefully received as always.

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Point out the obvious about the S.10 notice, ie. you don't think the agreement is valid therefore they do not have your signed consent to process your data :rolleyes:

 

Send another S.10 notice FAO of the data controller giving the above reason ;)

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  • 2 weeks later...

son in law has now received the "generous full and final settlement" letter at the bottom he has 3 options;

yes, l am prepared to make a full and final settlement offer. my offer is:

 

l am not prepared to make a full and final offer. l am prepared to offer a monthly payment of;

 

l am not prepared to make a full and final settlement or offer a monthly payment offer.

 

oh and they want him to SIGN the option he chooses. yeah right!

filing it away with all the other rubbish they send lol

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