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From Vanquis to 1st Credit now to LCS solicitors !!!


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hello there everyone hope your all loving the snow !

well i have had my account passed onto 1st credit from Vanquis so when i got my letter from them i sent this by recorded delivery ...

 

1st credit

Registered Office Hill House

1 Little New Street

London

EC4A 3TR

 

 

24th January 2007

 

Dear Sirs,

 

Reference: Vanquis Bank

Your refs:

 

Please be aware that I no longer acknowledge these debts to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with true copies of the agreements you refer to in these matters. 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 statements of account.

I enclose a £2 postal order in payment of the statutory fee for the account

 

We understand a copy of our credit agreement should be supplied within 12 working days

 

I also require that you supply signed true copies of the deeds of assignment of the above referenced agreements.

 

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 and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with Capital One Bank into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.

 

 

Yours faithfully

__________________

 

 

To which i received ABSOLUTLEY no response until today when i got a letter from LCS Solicitors, Surrey,RH2 7JP which said ....

Unless payment is recieved within 14 days for the full amount from the date of this letter we are instructed to begin proceedings in the County Court etc etc then underneath it states they ae not instructed to enter into correspondence with me prior to legal proceedings ! all payments and communications should be made direct to our client at PO Box 278

REIGATE RH2 7WB

 

So i am wondering should i resend the letter above to this address an send a copy to LCS anyway ? I have sent off my Data Protection Act today already ?

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Check with the Law Society many of these solicitors have been interviened by the law society and don't exist. If this is a case then this is a clear breach of the OFT Debt Collection guidelines. Check this firm out.

 

go to www.lawsociety.org.uk

If that fails check them out with companies house.

 

I bet they don't even exist.

 

Regards M.K.

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Hi i have recieved a similar letter from a solicitor even though i sent a letter to a debt collector last week requesting that they take a reduced amount for the debt. i know our grounds are different but could this also be scare tactics? i will start my own thread regarding it too.

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Guest The Terminator
Scare tactics. Ignore them. The longer they take to send the CCA the more ammo you have.

 

LCS are probably part of 1st Credit

 

They are part of 1st Credit and don't be scared of them because i'm going to be their worst nightmare.

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Hi,

just done a quick search on companies house and there "doesnt appear" to be a company registered as LCS solicitors. Hope this helps? ;-)

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Guest The Terminator
Hi,

just done a quick search on companies house and there "doesnt appear" to be a company registered as LCS solicitors. Hope this helps? ;-)

 

They are a divison of 1st Credit and use their company registration no: 3752940

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Hi Don

 

I have drafted a letter for things like this.. it'll basically tell the DCA or any Solicitor to sod off, and that a CCA request is in progress, and you expect them to 'cease and desist' and return things to whoever the CCA was sent to (in your case, this'll be 1st credit?)

 

Let me know if it'll be any use... you may not need it, but it's available if you want

 

Damo

NatWest - £538 charges refunded... PLUS COMPOUNDED, CONTRACTURAL, UNAUTHORISED INTEREST at 29.69%... ;-)

 

CL Finance (from GE Money) - £98.28 refunded... INCLUDING COMPOUNDED CONTRACTURAL INTEREST at 29.90%.... :-)

 

Link Financial (from GE Money) - partial refund (£247.26) from total claim of £410.03... on we go... :rolleyes:

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They are a divison of 1st Credit and use their company registration no: 3752940

 

 

 

Hi T,

that figures, keep it in house eh?? Gits!!

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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hello everyone and thanks for the input i thought sometying was fishy when i noitced the postcodes etc but yeah i cant believe how sneaky these people are !! oh and i would love a copy of that letter you have drafted damo1312 cheers

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hello everyone got my reply from 1st credit today the usual response to the cca request ...we will be shortly advising our client of your request ...may take at least one month ..... lol well by then my claim will be filed at court matey !

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Hi don

 

yeah, I had the same with 1st Credit... they really are a shower (and are now in default, and can't enforce the loan that I know they bought off of CitiFinancial.. ;-))

 

Anyways, here's that letter I mentioned, sorry it has been a few days but not been around...

 

(adapt and fiddle with as appropriate.... ;-))

 

I write with reference to the above correspondence.

 

As you are well aware (if you have fulfilled your legal obligations by obtaining all information pertinent to this Account before embarking on intimidatory claims, contrary to Section 40 of the Administration of Justice Act 1970, the Malicious Communications Act 1988, the Protection from Harassment Act 1997 and the revised July 2004 OFT Guidelines for Debt Collection), (Random DCA) is currently in Default (as of whenever they defaulted) of the Consumer Credit Act as given above, due to the fact that they have failed to provide:

 

  • A true, signed (i.e. Properly Executed) Copy of the Original Credit Agreement for the above (Random DCA) Account;

  • A current and fully up-to-date Statement for said Account

within the legally binding timeframe, as stipulated within the Act.

 

Additionally, they have failed to produce a signed, true copy of the Deed of Assignment proving their legitimacy to deal with this Account.

 

Finally (in an apparent attempt to circumvent their legal obligations) they have attempted to pass the Account onto you (as referenced in your letter, dated as above).

 

In view of the above, I do not recognise any debt to your company, and must insist that you pass the details you hold back to (original creditor or DCA) (whoever transpires to be the legal owner of the debt, as this fact is currently ambiguous). (Delete this last bit if you are sure who owns the debt).

 

Should you attempt to continue to condone (Random DCAs) actions by taking any action whatsoever against me, then I shall reserve the right to pursue you with the full weight of appropriate legal sanction (as stipulated elsewhere in this letter) without further reference to you.

 

 

Yours Faithfully....

 

 

Hope it helps.. :-D

NatWest - £538 charges refunded... PLUS COMPOUNDED, CONTRACTURAL, UNAUTHORISED INTEREST at 29.69%... ;-)

 

CL Finance (from GE Money) - £98.28 refunded... INCLUDING COMPOUNDED CONTRACTURAL INTEREST at 29.90%.... :-)

 

Link Financial (from GE Money) - partial refund (£247.26) from total claim of £410.03... on we go... :rolleyes:

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don..

 

sorry, been away..

 

no problem, hope it helps... ;-)

 

Damo

NatWest - £538 charges refunded... PLUS COMPOUNDED, CONTRACTURAL, UNAUTHORISED INTEREST at 29.69%... ;-)

 

CL Finance (from GE Money) - £98.28 refunded... INCLUDING COMPOUNDED CONTRACTURAL INTEREST at 29.90%.... :-)

 

Link Financial (from GE Money) - partial refund (£247.26) from total claim of £410.03... on we go... :rolleyes:

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  • 1 month later...

hello all well have SAR'd vanquis ages ago no response to two further letters can feel a complaint to the ICO coming their way and am gonna start the court action as suggested in templates library.

As for 1st credit they have sent TWO fob off lettters reguarding the CCA letter each asking for a month to get it !

am gonna send them this letter which i nabbed from another poster it did the trick for Lowells (made 545 of charges disappear like magic !)

Dear Sir/Madam,

 

Before I continue I wish to establish that I am not seeking to avoid responsibility for any alleged debt or breach of any alleged agreement that I may have or have had.

I wrote to you on the 24th January 2007 requesting a copy of the executed agreement under the Consumer Credit Act (1974).

I also asked for a statement of account.

A copy of that letter is attached for ease of reference.

I also requested an executed deed of assignment documenting your involvement; this too has not been supplied.

Accordingly, it is my consideration that you have been unable to supply an agreement because no such agreement exists.

Consequently I am unable to acknowledge any debt to your company

 

Your non-compliance with my request means that your company has committed an offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale.

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and is therefore a complete defence to any court claim that is issued.

Please take note that any legal action you may contemplate will be vigorously defended and contested.

Furthermore your actions arguably do not comply with the Office of Fair Trading (OFT) Debt Collection Guidelines of July 2003, in that you have ‘communicated with [me] in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide [me] with information on the status of debts’.

 

Notwithstanding the above I believe that your operatives have sought to contact me on a number of occasions, I would imagine regarding your Company’s viewpoint on the above now disputed agreement.

I now consider that considering your failures as mentioned above, any telephone calls from you constitute harassment and so from this date any further calls to me will be reported to the Police.

In addition you are in breach of the OFT’s July 2003 guidelines in that you are wrongly pursing [me] contrary to Section 2.8(i).

 

Another worrying facet of this whole case is the unlawful dissemination of my data by your company to a third party. Under the Data Protection Act (1998) I have principled rights in that:

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully.

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary “for the performance of a contract to which the data subject is a party.”

I have recently conducted an audit of my personal credit reports supplied by Experian and Equifax. Within both files, an entry referenced to the alleged debt is lodged.

 

This is recorded as “In Default”.

 

However, I note that files have been updated continually since then and I can only deduce that it is your firm updating my credit file without my consent or that your company is disseminating my information to a third party without my consent.

 

The fact that you have not provided me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974.

 

Incidentally, if the documentation were to be produced, you will be aware the default notice serves to cancel any original terms and conditions and as such cancels any right you or my creditor might have, implied or otherwise, to share my information without my consent.

 

I would then be looking to receive substantial compensation from your firm for this breach of my rights.

 

What I require

 

I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.

Ensure that all data held by you regarding me is fully destroyed.

Ensure that no further telephone calls are made to me, or my place of work.

Ensure that all correspondence is made in writing.

I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding me.

 

 

 

 

Failure to comply

  • Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  • Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  • Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted.
  • Continued telephone contact will generate a complaint for harassment to the police.
  • If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.

I expect to hear from you within 12 working days from the date of this letter.

 

Failure to do so will be taken that you failed to comply with my request and I will consider the matter closed.

 

Any further action on your part or that of my alleged original creditor pursuant to your and/or their breaches of my statutory rights will be taken as a wilful act of harassment and each instance will be reported to the police.

 

Yours faithfully,

 

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  • 2 weeks later...

ico said will add my complaint to their bulk complaint to Vanquis at the end of the month ! so looks liek its off to court we go

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  • 1 year later...
  • 2 years later...

Subscribed! I've had a letter demanding payment and 5 days later, one saying that I was being taken to court!!! This is all after I've been paying my Vanquis card on a weekly basis (I refused to set up a DD as I'm paid weekly and I can then control the amount of cash leaving my account using a SO. They are saying I haven't made a single payment since june last year!! Can you believe the cheek!

 

I think this thread if a defo one to watch. I'll let you know how my progress comes along.

 

Thanks again!

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