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dirtymonkey29

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  1. Hi, my partner received a letter from robinson way about an old credit card debt which is past the deadline for legal recovery and is now staute barred. No payments have been paid for at least 7 or 8 years. I sent the statute barred letter about 4-8 weeks ago and they replied saying they would look into it. We forgot all about it until we got another letter from them today saying: Please note we have not received a response from the original seller. This note is to let you know that we are continuing to seek an update, we will let you know the response as soon as we hear; your account remains on a temporary delay. Thank you for your patience. Obviously stalling as they cant find any details. I need help with a response. I did look in templates etc but couldnt find anything suitable to send back but I would assume they have a time limit to either prove the debt is valid or to close it and not bother us again. Any help greatly apreciated.
  2. more to come on this.....had statements sent from 1st credit a while ago but have filed it away as my father in law had a stroke and heard nothing from them for a while. i have recieved there "we are able to offer you a generous discount" letter today. I will pull it all out tomorrow and update again but will need some help in what to do next.
  3. I have constucted a letter to send to lloyds, csn someone give it a quick look and advise of any changes nessesary? Dear Sir/Madam Account:xxxxxxxx Thank you for your letter of 19th March 2009 the contents of which are noted. I enclosecopies of the original SAR and letter before action. The original SAR did have an incorrect sort code which after some investigation I can supply the correct sort code of: xx-xx-xx. As I have been able to source this information myself it leads me to believe that you are stalling for time as a search on my account number alone would have provided yourselves with the information required. I remind you that you are well outside the statutory 40 day limit for the subject access request, and also outside the time limit for the follow up “letter before action” letter. I would like to make clear my account and sort code number so there can be no confusion between this letter and the enclosed copies supplied: Account number: xxxxxxxx Sort code: xx-xx-xx I anticipate this account/debt to be made up wholly of bank charges as I have never knowingly had any loans or overdrafts with Lloyds. Also I have only ever held an account with Lloyds to my knowledge in 2001/2003 when I was refused an overdraft facility. Due to the above facts, I would ask that you take this debt back from your appointed debt collection agency (1st credit ref-xxxxxxx) and close this account while returning the £1345 already paid to 1st credit, who have completely failed to supply any details of the debt owed and consequently resulting in my refusal to pay. I also require the removal of any default notices placed on my credit file as unsubstantiated. 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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully
  4. looking for some desperate help with the thread below http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167267-1st-credit-5.html thanks in advance
  5. i will send them a copy of the original letter/SAR, but i would like to send them an additional letter requesting that they stop proceedings/collections and take back the debt from 1st credit, remove defaults etc as they have well exceeded the time limits and have no details of the account. i just need help with writting the letter.
  6. finaly got a letter from lloyds, as follow: Thankyou for your letter dated 9th March, which i have returned to you. Im afraid i couldnt find your bank account from the information you gave us in your letter. Could you please send the letter again adding one or all of the following: * your branch sortcode and account number or *Your collections centre reference number or * your surname and postcode, clearly written in capital letter Im sorry for the delay in replying to your letter. If you wish, you can call us on the number above so we can deal with your request as quickly as possible. Please contact us as soon as you can. First off i have supplied them with the sortcode and account number, they also have my full name, address and address i was living at when i held the account. How do i respond to this letter as it is a responce from the letter before action letter i sent previously on the 9th of march meaning they are well outside the Subject Access Request sent 01/01/09 and LBA sent 09/03/09. Can i get them to write off the debt as unsubstantiated and also get them to remove all defaults on my credit file, and can i also ask them to refund the £1300 all ready paid to the collections agency they have used? Urgent help appreciated
  7. can i just write to them and tell them they already have have all the information already and as they have past the regulated time period to remove defaults and stop all collections procedings with there client first credit?
  8. finaly got a letter from lloyds, as follow: Thankyou for your letter dated 9th March, which i have returned to you. Im afraid i couldnt find your bank account from the information you gave us in your letter. Could you please send the letter again adding one or all of the following: * your branch sortcode and account number or *Your collections centre reference number or * your surname and postcode, clearly written in capital letter Im sorry for the delay in replying to your letter. If you wish, you can call us on the number above so we can deal with your request as quickly as possible. Please contact us as soon as you can. First off i have supplied them with the sortcode and account number, they also have my full name, address and address i was living at when i held the account. How do i respond to this letter as it is a responce from the letter before action letter i sent previously on the 9th of march meaning they are well outside the SAR sent 01/01/09 and LBA sent 09/03/09. Can i get them to write off the debt as unsubstantiated and also get them to remove all defaults on my credit file, and can i also ask them to refund the £1300 all ready paid to the collections agency they have used? Urgent help appreciated
  9. yes i have all copies and proof of delivery with signatures. what can i claim for? ie the whole sum of debt owed plus damages etc. also the bit in there letter "We thurther note that to date you have paid £1345.00 thus admitting liability and leaving a due balance of £1370.05, we therefore would ask why you have paid nearly 50% off a debt you do not recognise." do i need to answer that in the letter i send them?, as i have said they never gave me any details of the account just threatened bankruptcy etc. could i report them for using such tactics?
  10. yeah i sent the subject access request to lloyds and they didnt respond. i have since sent the non compliance letter, and heard nothing. this is well out side the 7 extra days after the sar's 40 day period ended. I dont know charges are involved as i havent had any responce at all. what letter do i need to send 1st credit in responce to their letter. (i never sent the cca letter too lloyds as its not valid on account/overdraughts, just the sar to find out what im being charged), and whats my next step/letter for lloyds?
  11. new letter from 1st credit.....need help please.....the letter i recieved is as follows: 1st credir ref: xxxxxxx Thankyou for your letter of the 9th March 2009 of which the contents are noted. In this instance, the account to which we refer is a bank account with overdraft; therefore is not a relevant account for the purpose of the consumer credit act. Therefore we are not obliged to provide an agreement and no statutory consequences will apply. This is based on the advise of our barrister. In this instance we did make the request to our client and they were unable to provide us with a copy of your original agreement for the bank account. We acterd in good faith in making this request to our client even though we were under no statutory obligation to do so. Since the consumer credit act does not apply to this account, we do not accept your assertation that we have entered a default for failing to comply with it. We are also within our rights to continue requesting payment and do not consider that we are in breach of any of the OFT guidelines for debt collection. In your letter of 9th march 2009 you have not specified upon which ground 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 section 2(a) of the act. We thurther not that to date you have paid £1345.00 thus admitting liability and leaving a due balance of £1370.05, we therefore would ask why you have paid nearly 50% off a debt you do not recognise. We believe this debt is due and payable, thus the default registered will not be removed until the debt is discharged. We offer no comment to your claim that lloyds tsb are in default regarding a subject access request, but would point out that section 127(3) has been repealed by the CCA act 2006 c.14, sch 4 para, therefore as a result, if needed we will seek an enforcement order pursuant to s127 of consumer credit act 1974. We would also draw attention to the fact that 1st credit limited are the legal owners of this debt, you were informed of this in way of a notice of assignment sent to you on 5th October 2006 and also paid our colleagues at connaught collections UK. For your records we enclose a subject access request which clearly shows payment you have made. We now urge you to contact these offices to discuss the repayment of the above debt. Yours sincerely. This account with lloyds will be all charges, i dont recall ever having an overdraught with them but it was a long time ago. the money paid to connought was paid through bullying and threats of bankruptcy which would stop me from being able to do my job. i asked connought what the debt was continually and when they never bothered to furnish me with any details i stopped paying. also i have never had a default notice from first credit although there is a default on my credit file from them and i have never had a notice of assignment....Also i still havent heard from lloyds tsb despite sending them the letter before action letter(non compliance). How do i take lloyds to court and how much do i claim? Please help.
  12. i dont know? it was the subject access request i sent to lloyds tsb which i have had no details from yet.....well outside the 40 days.....i am sending lloyds the letter before action letter giving them a further 7 days to respond by recorded delivery when i finish work tonight
  13. Also i got a my credit file recently and 1st credit have marked a default down on my credit file (callcredit) from march 2008. I have never had any payment plan or acknowledged any debt to this company, and i have certainly never had anything default notices through the post from them. Can i get them to remove it, and again are there any letter templates i can use. This is all getting me seriously down trying to find time to sort all this out with a new baby to look after. once again all help appreciated
  14. 1st credit have sent me a new letter telling me they have passed details onto the "pre legal team" threatining to obtain a ccj and bankruptcy. Is the follow letter ok to send onto them?: My address , 09/03/2009. 1st Credit PO Box 278, Reigate, RH2 7WB. ACCOUNT IN DISPUTE Your Reference: xxxxxxxxxxxxxxx Dear Sir or Madam, I must admit that I am rather bemused as to why this account is still being pursed by yourselves, as it is in dispute with 1st credit and Lloyds TSB, and has been since 01/01/2009, when I sent you a letter which was signed for on 05/01/09, I enclose a copy of the letter sent and proof of signature. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 As Lloyds TSB is now in default of my Subject access request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE. As you are aware while my subject access request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to Lloyds TSB for resolution of these defaults and breaches, as Lloyds TSB and 1st credit cannot lawfully pursue any enforcement activities. If 1st credit chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Yours faithfully
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