Just got my Credit report from Check My File. The 1st Credit/MBNA account is listed as being opened in 2003 which is when 1st Credit took over the account and it's listed as Debt Collector. I think they bought the debt. In which case I have no deed of assignment either. They are also stating in all their correspondence that their client is MBNA. A lie if they have bought the debt. I've sent a letter and cc'd all correspondence to MBNA. Lets see if they confirm 1st Credit own the debt. This makes interesting reading: The man who likes his bills unpaid 1st Credit agrees £20m in second-round financing as bills flood in Mike Cleary has an unusual appetite for unpaid bills. Ideally, he hopes to have amassed over £1bn-worth by end of next year. Cleary’s company, 1st Credit, was set up in 2001 to manage “slow receivables” from utilities, credit card companies and anyone else with better things to do than chase slow payers. An old hand in the debt game (he sold his old business CCI to US giant Equifax in 1998 for £20m) Cleary has taken 1st Credit into a nascent market in debt buyout. Instead of just chasing bad debt for other clients, it buys up the unpaid bills at a discount to face value, and collects the money on its own behalf. It’s pretty new in the UK, but in the US is worth $30bn a year. Says Cleary: “We aim to double our money over two to three years. It sounds juicy but we are purchasing debts that have been through the hands of one or two debt collection agencies already. You need a lot of expertise, a lot of technology, and a lot of persistence.” You also need a lot of balance sheet. Last year 1st raised £5m from Gresham and £11m of mezzanine from Barclays. That enabled him to buy £500m of unpaids so far, and he’s chasing £750m of outstandings. But having just uploaded another £20m of funding from backers Gresham House and Barclays Bank, the magic billion can’t be far away.

That's the route I'll be taking as well.

Precisely

Thanks for that. The letter from 1st Credit smacks of sour grapes and a little immature. Note the lines 'I am pleased to say' and 'I trust that in view of the above you will now be making suitable arrangements to ensure funds are available to clear this long outstanding debt.' and the reference to bankruptcy. What a bunch of clowns.

Received a lovely letter from 1st Credit regarding MBNA Credit Card. The letter received was in response to this letter I sent: Dear Sir/Madam Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxx Thank you for the information you sent following my request under the CCA 1974. The request was made to you on 4th May 2007 for a copy of the executed agreement held by yourselves applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement. I am pleased that you confirm this is a true copy of the original executed agreement. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. You must therefore realise the document you have supplied does not correspond in form and content to the requirements of the Consumer Credit Act 1974 and is therefore completely unenforceable. As a consequence I do not acknowledge any debt to your company and no further payments will be made towards this alleged debt. Any court action you may take will be vigorously defended using Sections 61 and 127 of the CCA 1974, which will preclude a judge from making an enforcement order in this instance. Any earlier actions relating to sharing of data with credit reference agencies or defaults should be immediately removed. Confirmation and acknowledgement of this letter should be received within the next 14 days. Mr xxxxxxxxxxxx This letter was sent after receiving this after a CCA Request: The letter from 1st Credit: It was dated 13th July 2007 !!! They will have commited an offence under CCA on 25th June 2007. Looks like game on. Should I bypass 1st Credit now and deal direct with MBNA Thoughts please.

Hi Corn, this is posted on CCA thread but thought it may be interesting. Received a lovely letter from 1st Credit regarding MBNA Credit Card. The letter received was in response to this letter I sent: Dear Sir/Madam Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxx Thank you for the information you sent following my request under the CCA 1974. The request was made to you on 4th May 2007 for a copy of the executed agreement held by yourselves applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement. I am pleased that you confirm this is a true copy of the original executed agreement. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. You must therefore realise the document you have supplied does not correspond in form and content to the requirements of the Consumer Credit Act 1974 and is therefore completely unenforceable. As a consequence I do not acknowledge any debt to your company and no further payments will be made towards this alleged debt. Any court action you may take will be vigorously defended using Sections 61 and 127 of the CCA 1974, which will preclude a judge from making an enforcement order in this instance. Any earlier actions relating to sharing of data with credit reference agencies or defaults should be immediately removed. Confirmation and acknowledgement of this letter should be received within the next 14 days. Mr xxxxxxxxxxxx This letter was sent after receiving this after a CCA Request: The letter from 1st Credit: It was dated 13th July 2007 !!! They will have commited an offence under CCA on 25th June 2007. Looks like game on. Should I bypass 1st Credit now and deal direct with MBNA Thoughts please.

Should I send all the correspondence I have sent/received to MBNA and ignore 1st Credit or should I tell 1st Credit I am dealing with MBNA direct.

Got a reply after sending 'thank you for executed agreement but it's not enforceable' letter. They apologised for not including the terms and conditions and enclosed a Notice of Variation to the Terms and Conditions of your Credit Card. They are dated June 2006. Clearly they are not the T&C's applicable the documnet above was signed in 1995. Thoughts please.

Received a lovely letter from 1st Credit regarding MBNA Credit Card. The letter received was in response to this letter I sent: Dear Sir/Madam Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxx Thank you for the information you sent following my request under the CCA 1974. The request was made to you on 4th May 2007 for a copy of the executed agreement held by yourselves applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement. I am pleased that you confirm this is a true copy of the original executed agreement. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. You must therefore realise the document you have supplied does not correspond in form and content to the requirements of the Consumer Credit Act 1974 and is therefore completely unenforceable. As a consequence I do not acknowledge any debt to your company and no further payments will be made towards this alleged debt. Any court action you may take will be vigorously defended using Sections 61 and 127 of the CCA 1974, which will preclude a judge from making an enforcement order in this instance. Any earlier actions relating to sharing of data with credit reference agencies or defaults should be immediately removed. Confirmation and acknowledgement of this letter should be received within the next 14 days. Mr xxxxxxxxxxxx This letter was sent after receiving this after a CCA Request: The letter from 1st Credit: It was dated 13th July 2007 !!! They will have commited an offence under CCA on 25th June 2007. Looks like game on. Should I bypass 1st Credit now and deal direct with MBNA Thoughts please.

Based on that you have 21 sq metres of paving so in my view not enough sub-base has been laid. They needed a minimum of 14 one tonne bags of Crusher (dolomite).

I've sent off my usual response: xxxxxxxxxxxxxxx Senior Payments Advisor HFC Bank PO Box 1520 Birmingham B1 3PR ROYAL MAIL RECORDED No. xxxxxxxxxxxxxxxxxxx Dear Madam Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxx Thank you for the information you sent following my request under the CCA 1974. The request was made to you on 4th May 2007 for a copy of the executed agreement held by yourselves applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement. I am pleased that you confirm this is a true copy of the original executed agreement. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. You must therefore realise the document you have supplied does not correspond in form and content to the requirements of the Consumer Credit Act 1974 and is therefore completely unenforceable. As a consequence I do not acknowledge any debt to your company and no further payments will be made towards this alleged debt. Any court action you may take will be vigorously defended using Sections 61 and 127 of the CCA 1974, which will preclude a judge from making any enforcement order in this instance. Any earlier actions relating to sharing of data with credit reference agencies or defaults should be immediately removed. Confirmation and acknowledgement of this letter should be received within the next 14 days. xxxxxxxxxxxxxxxx

Received this in response to CCA request to HFC for Marbles Card. 1 A4 sheet again. Any thoughts please on its enforceability Thanks.

I own my own building company, can you give me an idea how many square metres of driveway they have laid. Eight One Tonne bags may not be enough based on the area laid. As your area is predominantly clay then they should have also have used a speration membrane layer between the sub base and the clay. This stops the sub base sinking into the soft clay by seperation. They may also not have excavated down deep enough based on the ground being clay. Did they install a drainage channel against the house if the paving butts up to it. The layers are: Site base - in your case clay Membrane 150mm - Sub base well compacted 50mm bedding sand. Blocks. One 1 tonne bag of sub base will cover roughly no more that 1.5 sq metres. from what you said, ie. 8 bags, I assume your driveway laid was 12 sq metres.

Why remind them, better to keep the fact as amunition in any future case.

Any views on my proposed letter please Rory. Thanks

From my own point of view winning the battle over enforceability is the first hurdle, then the files of the CRA's. Requesting reapyments made may be a step too far. Just my opinion though.

Can you post a copy?

Peter this is a copy of the letter I intend to send: Dear Madam Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxx Thank you for the information you sent following my request under the CCA 1974. The request was made to you on 4th May 2007 for a copy of the executed agreement held by yourselves applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement. I am pleased that you confirm this is a true copy of the original executed agreement. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. You must therefore realise the document you have supplied does not correspond in form and content to the requirements of the Consumer Credit Act 1974 and is therefore completely unenforceable. As a consequence I do not acknowledge any debt to your company and no further payments will be made towards this alleged debt. Any court action you may take will be vigorously defended using Sections 61 and 127 of the CCA 1974, which will preclude a judge from making an enforcement order in this instance. Any earlier actions relating to sharing of data with credit reference agencies or defaults should be immediately removed. Confirmation and acknowledgement of this letter should be received within the next 14 days. Mr xxxxxxxxxxxx

Hows this: xxxx xxxxxxxxxx xxxxxxxxxx xxxxxx Dear Sir/Madam Thank you for the information you sent following my request under the CCA 1974. The request was made to you on 4th May 2007 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. Could I therefore ask why you have furnished an application form as a true copy of an executed agreement? this does not meet the requirements laid down in the CCA s61/127 as such it is unenforceable and as a consequence I do not acknowledge any debt to your company and no further payments will be made. Mr xxxxxxxxxxxx

NEW LETTER BASED ON PETER's Comments: xxxx xxxxxxxxxx xxxxxxxxxx xxxxxx Dear Sir/Madam Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxxx Thank you for the information you sent following my request under the CCA 1974. The request was made to you on 4th May 2007 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a true copy of the executed agreement. The application form which you have furnished as a true copy of the executed agreement does not meet the requirements laid down in the CCA s77/78. A regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. I do not acknowledge any debt to your company and as the document does not meet the requirements of the CCA 1974 it is unenforceable and as a consequence no further payments will be made. Mr xxxxxxxxxxxx Thoughts please

My feeling exactly Peter. Surely to anything else is akin to burying your head in the sand. I would rather deal with the situation and get it over and done with than having a niggling doubt in the back of my mind.

Whats the concensus on what the course of action is after just receiving an application form after a CCa request. Do we write and tell them or wait till the 12+2 + 30 days? Could they try and take action as we have stopped paying and they think they have fulfilled their obligations.

Draft of letter in response to receipt of application for above. Is this ok or should I put in something about not acknowledgeing the debt. Thanks xxxxxxxxxxx Litigation Advisor HFC Bank PO Box 4716 Camden House West Birmingham B1 3RD Dear Madam Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxx Thank you for the information you sent following my request under the CCA 1974. However, I made a request to you on 4th May 2007 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of my executed agreement but have only sent me a copy of the initial application form and some recent statements. A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed. I would therefore be obliged if you would send me a true copy of these documents as soon as possible. Mr xxxxxxxxxxxxxxxx

Hi all, Another Application form received after CCA request. This time from HFC for a GM Card. This is the original leaflet I picked up in the Vauxhall garage. Single sided A4 sheet with last 6 statements in envelope. This is the A4 sheet: Thoughts please Thanks

Done