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  1. Name of the Claimant - 1st Credit Finance Ltd Date of issue – 23rd Dec 2014 What is the claim for – On 21/05/2008 the Defendant entered into an agreement for a loan with the original creditor under Ref No: xxxxxxxxxxxxx. On 16/11/2010 the Defendant defaulted on the agreement with an outstanding balance of £16,4xx.xx. On 19/06/2014 the debt was assigned to 1st Credit (Finance) Ltd in the sum of £15,1xx.xx, by the creditor. A Statutory Notice of Assignment was sent to the Defendant AND THE CLAIMANT CLAIMS 1. The sum of £15,1xx.xx 2. Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from 19/06/2014 until Judgement or sooner payment What is the value of the claim? £16,3xx.xx Is the claim for a current or credit/loan account or mobile phone account? The claim is for an Marks and Spencer unsecured loan When did you enter into the original agreement before or after 2007? Original agreement was from May 2008 Has the claim been issued by the original creditor or was the account assigned the Debt purchaser . When I originally defaulted, I was paying an agreed amount to a company called BCW. However, I was made redundant at the end of 2013, and then had a baby in January 2014, stopped making payments to BCW in May 2014 due to affordability and post natal problems. I then started receiving endless calls, texts and letters from 1st Credit. Were you aware the account had been assigned – did you receive a Notice of Assignment? 1st Credit sent me a letter that they said was from M & S, however the letterhead, looked like it had been lifted from another document and photocopied onto the letter that was sent to me, I was dubious as to whether it genuine, given that there was no mention of BCW, who were the company who I had been paying money to since defaulting. Did you receive a Default Notice from the original creditor? I can't remember, but probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No - I have received nothing from either Marks and Spencer or BCW. Why did you cease payments? Affordability due to redundancy 2013, and being on maternity until Nov 2014. What was the date of your last payment? April 2014 Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, because I was dealing with BCW. The payment for May 2014 didn't go through, and I was in no fit state to do anything about it at the time. I did however speak to 1st Credit, after they sent me a letter stating who they were. Prior to this we had been going round in circles, with me refusing to confirm my details over the phone (as I did not know who they were), and them refusing to tell me what they wanted because they needed to take me through security. In the end, they sent me a letter in July 2014, I called them and asked them to send me a statement of what I had paid to date, as the balance seemed high. They sent written confirmation in Aug 2014 that the account would be put on hold whilst they fulfiled my request. To date I have received nothing apart from a letter in Oct 2014 saying that they had written to me on several occasions with no response from me, and stating that my account had been passed to Connaught Collections. I wrote back advising that I was still waiting to receive a statement of what I had paid. I then received a letter from Moon Beever in Nov 2014 requesting the full amount on behalf of their client within 16 days or their client may issue court proceedings. Once in receipt of the statement (which I thought would prove that they actually owned the debt), I had intended to make an offer of payment for approx £200, but unfortunately, I received the claims from after Christmas. If possible, I really want to avoid a CCJ, please advise if there is anything I can do? Thanks in advance.
  2. I wonder if someone can help please. For the last two years 1st credit have been sending letter addressed to me to my parents house. I have the same initials as my father, so they just open the mail not reading "Miss" (I do not mind). Today they got a letter saying 1st Credit had noticed my circumstances have changed (not noticed I moved out 6 years ago!) I have not lived at my parents for over 6 years. My mum has written to them on numerous occasions saying that I do not live the and to stop writing to their property but it falls on deaf ears. I am having some issues with Sigma and a questionable claim so I checked my credit score today and there is mention of Sigma but no mention of 1st credit at all. Is there any legal letter my mother can send to stop them writing to her property? Both my parents are quite sick and they are now worried about bailiffs coming round/ safety of their house etc. Hope someone can advise. Thank you
  3. My problem is - Lloyds have just sold an alleged debt on my closed current account to 1st Credit. They are already sending me discount offers and regular text messages to a number that Lloyds have removed from their system. And they claim to be "Data Controller for the Personal Data held in relation to your account" I have a letter from Lloyds apologising for passing a disputed current account to a Debt Collector. It confirms that the account is closed with a nil balance and there is nothing to pay. Oh yes, and they sent a cheque "for the distress and inconvenience caused". (A copy has pride of place on my office wall)! Since the letter in early 2011 the string of DCA's has reappeared. Further letters to the new CEO are passed down to someone who will not understand the above. Defaults are registered to my Credit Report for both this account and the disputed Credit Card which is also going the rounds with the DCA's Most correspondence to Lloyds is either ignored or met with denial and an invitation to complain to the FOS. So I have: Illegitimate Defaults Harassment from DCA's Breaches of Data Protection Act Breaches of Consumer Protection Guidelines Breaches of BCOBS Breaches of COBS I have a dream - to see the Board of Lloyds Banking Group appearing at my local County Court to explain why they, and their appointed agents, routinely fail to treat their customers fairly. Unlikely? Well maybe not. HRH The Princess Royal was instructed to appear. Is the board of the most inept Bank I have experienced more precious than the Royal Family? Please, with so much to pick from - which forum would be best? Regards DumbRottie "A Lie is a Lie Repeatedly denying it is a Lie doesn't stop it being a Lie It simply makes the Liar more of a Liar until they admit it was a Lie But the Lie and the Liar always remain a Lie and a Liar"
  4. Hi All, I could do with some good advice on my current situation if possible? I have just received information relating to my SAR request to 1st Credit (old Barclaycard debt) and I have some questions hopefully you can help with: 1. Due to the usual pressure of the DCA (and not understanding much about my rights) the debt was paid on instalments from 2004/5 until early October 2007. Then I request the CCA and had nothing sent to me, so stopped the instalments. 2. Now in August 2013 - I received a Judge & Priestley Solicitors letter suggesting court action, so I re - CCA requested 1st Credit to which I received the signed CCA copy at the back end of August. 3. I then SAR'd 1st Credit and have now received a large bundle of paper statements etc. I have looked through the documents there are a number of interesting statements, which have been noted as follows: "we can confirm that the following are not held in a relevant filling system and therefore have not been provided: copy terms and conditions at inception and time of default, copy statements for the entire duration of the credit agreement and termination notices. If you require this please contact the original creditor." Also, on the logged system notes I noticed this: "Action: User note - CCA request complied with - However given that client is unable to provide T&C's at the time the account was opened and at the point of default we will not issue proceedings" So, I feel lucky its not at this stage going to court action, however how should this be interpreted i.e. can they still choose to take legal action or based on missing information am I a difficult case for them now? Also, due to the SB limit being early October have I reset the SB clock based on my CCA request and CCA received including the SAR request? I really appreciate your help on this as I want to understand where I stand on this matter i.e. level of future risk. Many thanks. iwcmd.
  5. I'm writing about requesting PPI from MBNA re: my old credit card account. I am also wondering about claiming back charges to the account i.e late fees, overlimit fees, interest. etc. The monthly interest rate charge was 1.6674% . MBNA c/card a/c was opened on 7th May 2003 and on the statement it clearly shows Payment Protection Cover. The opening credit limit was £4,100.00 and the closing balance on 8th December 2005 was £5,926.16 . The a/c was sold to 1st Credit dca in January 2006, and then I started receiving discount letters from Connaught Collections. To date I have estimated that my account with Connaught, has a current outstanding balance of about £5,530.00 . I would really appreciate your advice on the first steps to dealing with this. I bank with Natwest and have a new Select bank account which was set up to replace my savings account (which I was using as a current account). From August 2013, the savings account will no longer accept direct debits and standing orders, and I have been advised by Natwest to inform all companies accordingly. I have yet to do that with the c/card dca's, especially when I saw this post here http://www.consumeractiongroup.co.uk/forum/showthread.php?37604-Connaught-Collections-uk-ltd&p=314480&viewfull=1#post314480 where a respondent called HUSBANDKHAN is informing the OP to not contact Connaught, as that will cause a roll-on of 6 years further debt. Is this true? Can you elaborate further? It made me think of my own situation which is summarised below: - Made redundant from my full-time job in April 2003 - became Self-employed in January 2004 to date - Currently in repayment plans of £5 and £1 via advice from CCCS since July 2005 with different c/card companies and one bank – First Direct. - I also have three closed accounts i.e. HSBC bank account, HSBC credit card (a joint account with ex-boyfriend), and Lloyds TSB for Car Insurance that I will want to investigate. - This week, I contacted Kwik Fit Insurance by phone for PPI redress on car insurance payments dated November 1998 to November 2002. They told me that they stopped selling PPI, but didn't state when this decision was made. - Upon their request, I quoted all the relevant details and was told that there was no record of my account. I do have my paperwork with details to hand. Kwik Fit were courteous and I received a prompt email response and a letter the very next day. It stated that they will investigate my complaint and get back to me in 20 working days. There is a lot going on with my accounts, however I want to now focus on the open accounts that I am currently paying, first. Re: MBNA, I believe that I last contacted them on the 26th February 2007 to set up automated bank payments. This was in response to their letter dated 19th February 2007 where they had ~ “intention to issue a Statutory Demand under the Insolvency Act 1986 (Bankruptcy) as we are unaware of any valid reason for your non-payment”. They went on to say ~ “Should you fail to contact us within seven days then our designated agent will be asked to attend your property in due course within the hours of 8:00am – 8:00pm for the purpose of serving you with the said notice.” Please let me know if there is any other information you require? I welcome your advice on the first thing to do to get claims of PPI with related charges, and with other relevant guidance. Also, am I legible to claim back main payments made on the accounts over it's duration? Thanks in advance. Regards, AdvS1
  6. Hello Will try and summarise.. . if I miss anything please let me know but would be so very grateful of any advice on what to do now. Capital Bank Joint Personal Loan £5,481.20 outstanding taken out in 1997 It got transferred to Wescot Credit years ago and we had no communication with Capital Bank Direct at all. It went to Legal & Trade Collections before Wescot and also a solicitors but we adamantly paid the minimum and had been paying £40 a month to Wescot for a long time but not paid anything since beginning of 2009. April 2009: received a letter with 'Your Annual Personal Loan Statement Agreement No: xxxxxxxxxxx for the period 01/10/2008 to 23/02/2009. It shows a statement opening balance as at 1/10/2008 and then 3 payments october, november and december 2008 with a statement closing balance. Had never received a statement before that at all. Nothing shows even to this day on Experian 2nd May 2009: Sent a CCA 17th May 2009: Sent a failed to respond letter account in dispute 22nd May 2009: Received a reply from Capital Bank dated 20th May 2009 thank you for your statutory request for information in respect of the above Loan Agreement. Please find enclosed a signed copy of the executed Agreement. Thats it and then a 2 page agreement which can be viewed here Page 1 http://i39.tinypic.com/jayh3p.jpg Page 2 http://i42.tinypic.com/20ubd04.jpg At the beginning of the year 2010 got a statement and then another one in February 2010 which is just a general statement showing what we owe and what was paid. There are no charges on the account and no interest been applied. 13th August 2012 My husband got a letter dated 13th August 2012 (my name not on although a joint account): "We are writing to notify you that Bank of Scotland PLC has assigned all of its respective rights, title and interest in respect of the above referenced accouint (including the outstanding balance) to 1st Credit (FINANCE) 5 LIMITED, effective 31st July 2012." .... plus more just stating that they are managing the account and we have to contact them to organise payment on the account as a matter of urgency. There was also an 'Account Assignment' attached stating balance now due and to contact them to agree repayment options etc. etc. etc. 28th September 2012: Today my husband received a Statutory Demand under section 268(1)(a) of the Insolvency Act 1986, Debt Liquidated Sum Payable Immediately - Form 6.1 Any advise would be much appreciated as read on a number of forums that Connaught always send these out and not worth anything then some forums saying that houses could be possessed ! if over £2,000 so take it seriously. Also my name is not on anything it is always my husband although the original loan was a joint personal loan. Many thanks in advance
  7. Hi There yesterday morning i received a court claim form from 1st credit, i am literally bricking it. i CCA'd halifax a long time ago who took forever to supply a copy of the agreement then it moved to iqor, then connaught, then 1st credit the last three letters i've written to 1st credit i've asked them to negotiate a settlement or a monthly payment, they've completely ignored me on all three occasions writing back with "pay up in full or else" i earn 950 a month net, do not own a house, a car, or anything of value and have no savings but i do have a relative who would help me out (this relative was actually paid £3000 off the balance a few years ago but despite this the amount claimed is £4500 more than what the balance was back then - approx 8k and its now 12500 with 1st credits interest charges) i've attached the claim form, a copy of the agreement front and back and a copy of the deed of assignment. my view was this; the agreement provided is not an agreement but an application form containing none of the prescribed terms and an unrelated T&C's copy and pasted onto the reverse in an attempt to create something passing off as an acceptable document. every DCA avoided answering my questions and simply said pay up or else. i've not put in any claim for unfair charges, ppi (which looking at the application it would appear i didnt have) etc my question is? how do i defend this properly??? i do not want a CCJ!!!! thanks!!!
  8. Hi All I took out a loan in Feb 2002 with the then Visa Associates who are now Citi-financial, in October 2003 I became homeless and unemployed on pretty much the same day due to closure of our family business (we ran a country pub). I took the responsible approach and I wrote to Citi Financial explaining my circumstances and my proposal to over come the fact I couldnt pay them for the interim time. I proposed to take a 3 month payment holiday whilst I found alternative employment to which they agreed. I landed a job within 2 weeks (luckily I might add). At the end of the 3 months I asked Citi Financial if I could make reduced payments for a further 3 months as there were others creditors that needed paying at the same time as them. Again they agreed. I had cancelled my direct debit and was paying by telephone payment. When I came to reinstate my direct debit and return my payments to the full amount this is when the pain started. I was told by the person on the phone that my loan had been refinanced for a further 8 years (I was already 2 years into a 5 year agreement) and my payments would have to remain at their current level, not over payments allowed. I protested and protested and wrote to them twice, both times with no answer, so I stopped paying them. The loan was defaulted in May 2005 and I havent paid them a penny since. I recieved 2 letters from 1st credit in December 2010 asking whether I lived at this address as they've checked the electoral role and think they've found me, (not that I was hiding) and the other on the next day titled "Legal Proceedings" stating thier intentions to obtain a CCJ unless I contacted them. I idiotically rang them and ended up arguing with the uneducated tike on the other end of the phone who basically told me that courts will automatically award CCJ's because I was being irresponsible in not paying my debt. I wrote to them pretty much explaining what I've said above and enclosed copy letters to back up what I said. I included in my letter I felt I'm not responsible for the outstanding amount and was not going to pay it. The current situation is: - The defualt no longer exists on my credit file. I have not paid any monies since approx April 2005 - although 1st credit claim otherwise. I recieved acknowledgement of my letter dated 12/2010 from 1st credit saying passed to thier clients, no follow up since then. I have received 2 letters offering substanial discounts off the debt if I "pay today" Latest letter received from 1st credit explains they have checked my credit file and they can now tell I'm in a position to pay them so effectively all bets are now back on! Telephone call of todays date from a "Mr Brown" explaining if I confirm my details (which I didn't) he can help me by getting money from my mortgage to pay the loan as he can see I'm a home owner. What can I do to stop these people, they are liars, and fraudsters and so low down the food chain they rank below pond life!! Any help would be appreciated. Thanks for being patient and reading Ed
  9. Hi, I am hoping for some collective wisdom from this very useful forum! I was contacted by 1st Credit in the spring this year seeking payment for an Opus cc debit of £1,500 that they claim I had defaulted on last year. 1st Credit appear to have my address details from 15 plus years ago but I have no recollection of the credit card they are referring to. I have never heard of Opus and in the conversations and correspondence I have had with 1st Credit I have not acknowledged any debt. I wrote to 1st Credit at the end of May this year requesting a CCA. I heard nothing until this week - nearly nine weeks - when I received a letter with what looks like a cut and paste from section 77/78 of the Consumer Credit Act with the alleged debt figure on the end. They also enclosed a CCA with my address from 15 years ago on it but no other evidence that this pertained to me, ie no signature. They claim in their letter that they are not required by law to provide a copy of the original signed agreement but rather just a copy of the CCA. Part of me just wants to make a full and final offer of £x per month or a lump sum just to get 1st Credit off my back - is this a worthwhile action? I am unsure what my next step is so I'd really appreciate some guidance. Happy to provide the letters if that would help. Thank you in anticipation!
  10. Hey, After some advice.... In 2009 I sent letters to the above DCA's making an offer to pay my outstanding debts over a 48 month period for a set amount. They agreed to the payment in writing however they didn't actually agree to the term of the repayments (something I have literally only noticed). I am now in a situation that I cant carry on the payments over the remainder of the term however I can clear what would be left owing (in accordance with the terms I set out i.e. set figure over 48 months) They are now saying that is not the case and that I still owe the balance. IS there anything I can do as I made it very clear in my letter the repayments were over 48 months ONLY! Also as the accounts are defaulted if I stop paying them can they claim a CCJ? Or make the debt stay on my credit profile longer. The defaults are due to come off in 2014 and I don't want to make the situation worse. I hope this makes sense, at my wits end here so would appreciate all the help I can get.
  11. Hello - I'm hoping someone can direct me with the situation I find myself in. A few days ago I received a Statutory Demand from Connaught Collections on behalf of 1st Credit after opening the door to someone who said they had "a parcel" for me. When they asked my name I confirmed it, and then he proceeded to give me the demand, not a parcel, and not in an envelope either, just the sheets of paper. He claimed he did not know what it was and he was just delivering - but as he has it on a clipboard in front of him and there was no envelope around it, this was a blatent lie. He also glanced towards his car - with hindsight, he could have been filming this "delivery". I don't know. Anyway, I fell for it. For the last few years they have been chasing me for a debt on a Halifax credit card that was assigned to them at the end of 2008. At the time I had been paying back Halifax from an agreement I thought I had with them. However, without prior warning they suddenly decided that I wasn't paying enough (I presume) and they assigned/sold/whatever the debt to 1st Credit. At that point I put in a CCA request asking for a copy of the agreement. What they eventually sent back was a photocopy of an application form from the year 2000 for a credit card with Bank One. It seems at some point this "Bank One" card and account became a "Halifax Card" - however, I do not remember how or when. What I do know though, is that 1st Credit only had the Bank One Application Form - which did have an extract of a few terms on the back regarding interet rates, etc. - however, I never recieved a copy of a full agreement or terms and conditions - as far as I can recall. Similarly, since it became a Halifax account I have never had a copy of the agreement or terms and conditions as far as I know - I certainly haven't got them here at home and would not have thrown them away. I can't remember ever having a Default Notice either, but my credit file shows a default at the time the Halifax assigned the account to 1st Credit in 2008. Around this time I was also having a few problems (redundancy, family illness, bereavements, so can't be 100% on all facts). I did not think the Bank One Application Form represented a proper agreement for a Halifax credit card, so I decided that until they produced one, I would just ignore them. Over the next 3 years a stream of "threatograms" and "discount" offers if I paid "now" from 1st Credit, DHS, Judge & Priestly, LCS, Connault Collections, Uncle Tom Cobbly and all..... but I thought until they send me a copy of the Halifax Agreement they cannot do anything.......... but now of course, they have. I will copy and attach the Statutory Demand below, as I don't understand what they are playing at. For example: A. They claim the monies were due under "a financial agreement" and that I have "failed to adhere to the terms and conditions of the repayment agreement", but they do not mention an account number or any specific dates at this point. B. They state the debt is for non-payment of a "Halifax Bank agreement" and that the debt was assigned under an agreement to 1st credit. Again, no account number or anything to identify it. C. The amount due is given - which is the same as they have been claiming. Would it be normal for this sort of "Particulars of Debt" to not give any details of the account number or any other identification other than it was a "Halifax Bank Agreement"? If I was not aware of what they were talking about, how could I find out to defend myself? It does not identify itself at all. Is this just a tactic to try and scare me into paying? If so, what can I do about it? If not, what should I do about it? According to the forms, I have to apply to have this set aside within 18 days (I need to look all that up) but it also says I should contact the individual (at Connault Collections) to tell them I am disputing the demand - or paying it, or whatever. What should my plan of action be? Any help or guidance gratefully recieved. I'm sure there are similar posts on here and I will start researching now, but I could do with some help regarding what I should do and when, to get them off my back if possible. Many thanks, "Rupert".
  12. I'll try to keep this brief. I had/have a vanquis bank credit card, I hold my hands up and say I defaulted on payments and now owe them just shy of £600. At the end of last year I got into finiancial difficulty and like an ostrich hid my head in the sand:sad: I have since paid off one of my debts, today a company called 1st credit called me to say Vanquis had passed the debt to them. Again I stress I don't dispute the money because I do owe it but like thousands of others I'm not in a position right now to pay it in full which they demanded. They then offered to discount the debt to £450 BUT I had to pay it over three months £150.00. I offered £30 a month to start with as that is all I can truely afford, I explained to them I wanted to pay it but would not be bullied into paying more than I could afford as then I would default and be back to square one! They have told me that Vanquis have put a limit on when the debt has to be paid, which according to them means I have to pay at least £60 a month and I just don't have it at this time:sad: Does anyone know where I stand legally? That they have refused to accept my payment of £30 a month. I appreciate this debt is of my own doing but I'm doing my level best to pull myself out of it. Thanks
  13. Hi i have been following the usual procedure with 1st Credit who so far have come up with nothing. so now they send me a letter saying Barclaycard have sent me a copy of the cca and so please send them a completed income/expenditure form with offer of payment. well now i have had nothing from Barclaycard whatsoever! I know they have no right to income/expenditure information. but i am wondering if in the process of taking on an alleged debt they take on the paperwork, inlcuding copies or the original CCA? should they not have the paperwork themselves or are they just trying to fob me off?
  14. Hi, I'm a first time poster on CAG, but I've used the advice given on the forums on several occasions. I am being pursued by United Utils for about £500 in allegedly unpaid water charges, dating back to 2007-2009. Initially, I was contacted by post by a DCA called 1st Credit acting on U.Utils behalf. Obviously, I immediately replied in writing asking their client to prove the amount stated by providing me with all billing information related to the alleged amount. I then received a letter from 1st Credit acknowledging that I had raised a query with them and that the billing info would be forthcoming from their client. About 3 months elapsed without any contact from either 1st credit or U.Utils before I began getting phonecalls from another DCA acting on behalf of U.Utils, BCW or Buchanan, Clark and Wells (I must stress that I never deal with these people by telephone as it is an extremely futile exercise - I normally wait until they bother to write to me before responding by letter and making it clear that I will not enter into any negotiations by telephone - written correspondence only.) Anyway, once BCW had written to me using all the usual threatening language, I replied with a 'prove it' letter and explained that I was concerned that U.Utils had passed the debt onto them despite my already having requested full billing info. Again, i received a letter from BCW stating that I had raised a query and that their client would be providing me with the billing details asap. Yet again, another couple of months elapsed with no contact whatsoever from either the DCA or U.Utils. Now I have began to receive phone calls which turn out to be from a DCA called SRJ on a London-based number (obviously I haven't answered the phone to them) and which I assume to be the latest of U.Utils attempts to recoup the debt. As far as I am concerned there are only two possibilities here (the latter being the most likely) - 1) that the DCAs have not bothered to return to U.Utils to request the billing info or 2) that U.Utils cannot, for one reason or another, locate or produce the billing info related to the acount on which they allege the debt is owed (it is relating to a previous address of mine). So, to cut a long story short I would like perspectives on what my next course of action should be. I can, of course, wait until SRJ contact me by post and then send them the same generic 'prove it' letter I have sent to both 1st credit and BCW. However, I would much prefer to put this matter to bed by writing directly to U.Utils and tell them to either put up or shut up, backed up with the threat of legal action/OFT harassment involvement. I wonder if anyone knows which department of U.Utils I would write to and what I should include in the letter (or if there is a standard letter anywhere on CAG that I could send)? Moreover, I am acutely aware that every time U.Utils passes this debt on, my credit score is being affected by DCAs viewing my credit file. - searches should not If U.Utils cannot prove the debt, can I pursue them for damaging my credit score and force them to either put it right or pay damages for the distress they have caused? Can someone tell me where I would stand within the law on this matter also? Many thanks
  15. Hi all, I have a small problem with 1st Credit who have bought a credit card debt that I had with HFC (Household Bank). It is a small debt of £373.27p but I don't have anything to give them at the moment, and I believe that the debt may be statute barred because the last payment I can remember making on the account was in late 2004 to the best of my recollection. There was also a larger debt for a loan with HFC which 1st credit bought, but when I CCA'd them, it seemed to disappear along with any mention of it on my credit report. I did CCA 1st credit for this debt, but never heard anything, so although I know that they're chasing me for the smaller debt (even though I haven't had a CCA yet) I need to find out whether it is statute barred or not without dragging up the issue of the loan that disappeared. The loan would become statute barred in June 2012. If I were to SAR them would they start chasing me for the loan as well. Or should I try to SAR HFC, and try to delay 1st Credit until I'm sure that the debt is statute barred or not? Help me please
  16. I went to the County Court today, Judge not impressed with 1st Credit - Connaught set aside the Stat Demand and virtually talked me into claiming costs, awarded me £50. I had requested 1st Credit - Connaught provide me with a copy of the original agreement which they were unable to do... in fact never even replied to me or the Court. If any one wants a copy of the letter i sent to them let me know.
  17. I was wondering if anyone could assist me with a Data Protection Act claim template which I am planning to issue against 1st Credit. The brief history of this matter is:- Back in 2007 these people sent me a demand for over £6,000 which they claimed related to a debt going back to 2000, I wasn’t resident in the country in 2000 so I suspected identity theft and asked them to provide proof of the debt, which they never did. 1st Credit said that they were acting for Robinson Way & Co Ltd and that they would provide the proof of debt, which they never did. I suggested that the debt was in any event statute barred and requested dates of when I had been contacted regarding the debt and received no reply. I contacted Robinson Way & Co directly who told me that they had purchased the debt from HFC Bank but would now return it to them. During all this 1st Credit were phoning me up to 3 times each day! Over 160 telephone calls later I issued harassment proceedings against HFC, Robinson Way, 1st Credit and the individuals which I believed were responsible. Before the case got to court Robinson Way admitted they were responsible for the debt and agreed to stop the harassment, as I was up against an army of lawyers and really only wanted to see an end to the matter I accepted an undertaking from Robinson Way that they would stop and that I did not owe the money. I did send a Section 10 notice to both RW and 1st Credit after the settlement. A round one year later the phone calls started again and as part of the previous problem had been proving the calls I asked them to back up their demands in writing and sure enough a letter arrived from 1st Credit acting on behalf of Robinson Way, threatening to take me to court. (This was after the date of 1st Credit’s OFT undertaking). I completely lost it and marched down to the county court and (quite wrongly as it turned out) issued proceedings against RW for breach of contract and harassment. The RW defence was 1st Credit were acting on their own and without the knowledge or consent of the Creditor. RW won but 1st Credit had admitted that they were acting and had no instruction or authority to do so. Not wishing to be on the losing side again and knowing that 1st Credit are something of a wounded animal I asked the ICO for an assessment, which has now been returned in my favour. 1st Credit are saying that they admit no liability and don't accept the ICO's desision. In addition to a claim under the Data Protection Act I would also like to know if I can ask the court to decide if 1st Credit were acting in breach of their OFT undertaking, although I realise that this wouldn’t benefit me directly, any such decision would be in the public interest.
  18. I was contacted by the above vultures on 13/08/2010 by letter: Dear Sir/Madam 1st Credit (Finance) Limited is attempting to contact the above named regarding a personal matter. Your address has been supplied as a possible address for our subject who was previously resident at: (address from 5 years ago) Please conact our offices immediately on telephone number ### and qutoe the above reference number at which time further information can be provided. If you are not the individual we are attempting to contact or have any information that may assist please call us at your earliest convenience, on telephone number ###, in order that we may correct our records. If no response is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevant correspodence is sent to you. --------------------------------- I called them on the same day and was informed that I owe £1479.17 from an account with Halifax Cetelem which I was adamant had been paid off 4 years ago. I wrote back with an SAR enclosing the £10 cheque (unfortunately I signed the letter) asking for all credit agreements to be included as well. I received a reply this morning as follows: Dear Mr. ### Thank you for your letter of the 14th August 2010. Pursuant to your request please find enclosed copies of the data which is held within our relevant filing system: 1. Account history 2. Copy template letters which have been sent to you The information enclosed completes the response to your Subject Access Request made to 1st Credit Ltd. Any information which you require and which is not included in our response should be sought from the original creditor or the relevant company to which it refers. ---------------------------- What I actually received was a list of 'actions' made by 1st credit dating back to 28/10/2005 straight from their computer system and almost all of it is financial abbreviations and gobbledegook which anyone from a non-financial background (inc me) will not understand. They have left numerous answer phone messages to a phone number that I haven't had for 5 years and the letter I initially received was the only contact i have had in the past 5 years. They claim to have had trouble tracing me. I now refuse to talk to them on the phone and am seeking advice.
  19. 1st of all I would like to say I have been a lurker of this forum for ages now and have gained some great knowledge. Even my mum has used some templates letters from here and done well. So would like to thank you all and if there is a way I can donate then please let me know. I don't have many problems with my credit apart from one account I had with Welcome which is now being looked after by 1st Credit. I honestly dont remember receiving a default notice from them, so seeked the advice of this forum and got the info I needed. I 1st sent the CCA request, requesting my CCA, deed info and default notice. They replied with pretty much automated letter and attached a copy of the agreement. CCA Request response from 1st Credit, as you can see they didn't even respond to my requests for default notice and any deed info. Signed agreement, is this the correct document they have sent ? I rang them (bad mistake) and asked about my letter, they were just so rude and always talking over me. I would suggest to anyone NOT to ring the,. I was asking why the leter they sent made no reference to any deed info and copy of default notice. They kept saying "ive read your letter and we have sent you your CCA" got no where and I said ill be sending another letter. Again seeked the advice and info from this forum and sent 1st Credit this letter. It is quite long, if its best to scan it and upload admin please say. Thanks to ffcous, who I got most of this letter from 8) ******************************************** Dear Sirs, Client: 1st Credit Limited Debt: Welcome Financial Services Balance: £XXXXXX Client Ref: CRE XXXXXXX Thank you for your response on behalf of 1st credit dated 12/08/2010. However I don’t believe you have understood my previous communication dated 09/07/2010. In which I specifically requested the following: 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on The response given in your letter dated 12/08/2010 only addressed point 1. Points 2 and 3 have been ignored. Due to the nature of this I will now grant you with a further 10 days to complete my request before I take this up with court action which will result in yourselves defaulting and I will make sure the public are aware of this case. Upon signing my contract with you, I only gave you permission to log my account dealings whilst the contract was in place. If you read the wording of that contract it states quite clearly that I "give permission for Welcome Financial Services to supply credit reference agencies with information relating to the conduct and payment history of my account." I neither agreed to any other purposes, nor did I agree for that clause to include the term "in perpetuity". As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: “3. personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, you are still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation. This is confirmed in Principle 2 of the Data Protection Act, which states: "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." I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed". May I also advise you of my findings regarding this so called legal right to place an adverse entry on my credit file for up to six years. One of your colleagues advised me that “it is law to keep a default on file” I was amazed to hear this and that you have staff employed advising customers this incorrect information. I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a “legal right” to maintain this type of adverse entry for up to six years. When I challenged them to quote me the exact Statute that includes this so-called “legal right”, they remained remarkably quiet. Only after my continued insistence of disclosure did they eventually concede that, whilst they have no statutory right, it is
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