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Hi there

 

I have a problem with First Direct.

 

I was a week late in paying my loan and in France at the time. I returned home to find a letter from Metrpolitan Collections at the time re my loan - pay up or else?

 

I contacted First Direct who informed me that they sent a default notice - well I never ever received one - they told me that they had passed on the debt to MC - remmember no payments missed and only 1 late as I was in France.

 

Now I've checked my Experian record and guess what FD have defaulted me - a little harsh I feel.

 

Following advice on this site I sent them a request for: -

 

1) The originally executed agreement

 

2) A true copy of the default.

 

3) Any agreement with a 3rd party if my debt had been passed on.

 

I gave them 28 days and am currently 1/2 way through it - on Thursday of last week I received a photocopy of the default letter but nothing else.

 

I have now them ain 2 ways - firstly with a reminder of sections 10 and 12 of theThe Data Protection Act from the Surlybonds template and letter.

 

Also I have replied to their photocopy thus: -

My Address

 

Their Address

 

16th November 2007

Dear Sir or Madam,

 

Account number:

Thank you very much for your photocopy and note (dated 12th November) in response to my letter dated 5th November.

You tell me little and specifically do not answer the questions I raise in my original letter to you namely:

1) You must supply me with a true copy of the originally executed 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 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.

2) You must also 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.

 

To date you have sent me only a photocopy of the default notice – as you know I continue to dispute receiving this as I was in France at the time and upon my return I phoned you asking for clarification as I had received a letter from Metropolitan Collections.

You still have not sent me a copy of the originally executed agreement and therefore the law states that you (First Direct) are in Default. Your defaulting of me is therefore illegal and I ask you to remove it immediately from my record.

If you do not feel that you are in a position to do this I will have no further option but to refer this case to the Information Commissioner Office, Banking Ombudsman and Trading Standards as appropriate.

 

It is your duty to comply with my requests under the law within 28 days of my original letter which incidentally, you have failed to comply with fully, so far.

I again request that this information be sent to me and subsequently you have until the 5th December 2007 to provide it or you risk being in breach of your duties under Section 78 of the Consumer Credit Act.

 

Yours faithfully

I'm not sure I've said what I want to say - if that makes sense? Any advice from anyone? How can I make it more punchy??

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Hi Bigali. Can you start a thread in the first direct forum? You will get more specific help in there.

 

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Thread Moved.

 

That was harsh after missing just one payment. Let us know what they say in reply to your letter. There are charges there now as well you should claim back, as well as the default removal.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Freakyleaky/ukaviator

 

Thanks for the tip and moving the thread still learning to navigate around site.

 

As an added complication to all this I also had a death in the family so it was a great time for all concerned. I did speak to First Direct who told me that whilst they were sorry for my loss the debt had been moved on to Metropolitan Collections? i.e. not our problem anymore.

 

Also as I said in my post I have had no original default letter as I would have paid before the letter was issued even though I was in France.

 

I have not hit them with two letters the one above and the one surlybonds created re sections 10 and 12 of the data protection act - I will let you know how I get on. I have also included in my letter that it is they who are in default and not me as they hadnt even bothered to send the original executed agreement.

 

So who knows?

 

Thanks again for the movement of the thread much appreciated.

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bigalig, how was your request for the executed agreement worded? If it was a s.77/s.78 CCA 1974 request the prescribed term is 12+2 working days, after which they are in default of your request - if that default continues for one calendar month after that date, they commit a criminal offence under s.77(4)/s.78(6) CCA 1974.

 

What date did you send your request?

Can you post up the wording, with personal data removed?

Did you just copy/paste the Surleybonds letter, or did you alter it in someway? Can you post this up as well please?

 

The issue here will be that, because they haven't responded immediately, they are unlikely to reply at all. This leaves you with a few options to enforce removal of the Default, but sadly only the Court option may prove effective for the reasons I've outlined here;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

 

The way to make this happen is to keep at them, stick your own timescales, be patient and persevere! If you want to know what you're in for, have a look at my (many!) threads on my Default removal attempts in my sig... Don't let that put you off though, as I'm pledging to help as many people do this - or find people that can, if I can't - as I think this will be BIGGER than the Bank Charge reclaim...

 

Bring it on...

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi and thanks again.

 

See attached letters and of course the standard response from first direct!

 

Mine First

 

1st Letter

 

First Direct

40 Wakefield Road

Leeds

LS98 1FD

 

Date: 5th November, 2007

Dear Sir or Madam

Account number – 404779-06631363

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account held in my name.

Further to this neither I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

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 cheque in payment of the statutory fee, cheque number 200233.

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

 

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

Alan Smith

A straight copy from Surlybonds with 1 slight adjustment.

 

From 1 st Direct and paraphrased

 

Final Demand

 

Dear Mr Smith

 

Despite our previous correspondance concerning your debt we have to date received no satisfactory response.

 

We now demand the sum of etc..

 

Now on reading this is interesting in the respect of correspondance (what correspondance) I always spoke to the bank!!

 

They sent this letter out on the 12th November and I received it on the 15th - no covering letter and no agreement as asked for! only a First direct logod notepaper.

 

I responded with the data protection act letter thus before Is ent out my response to their photocopied demand.

 

47 Alexandra Terrace

Portway

Frome

Somerset

BA11 1QR

First Direct

40 Wakefield Road

Leeds

LS98 1FD

16th November 2007

Dear Sir or Madam,

 

Account number: 404779-06631363

Whereas I have been a customer of First Direct plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

 

Mr. A Smith

 

Dated this 19th day of November, in the year two thousand and seven

All leters have been sent recorded delivery - I was also contemplating sending this one below in the next day or so upon advice from yourself - maybe wording should be changed??

 

 

Dear Sir or Madam,

 

Account number: 404779-06631363

Thank you very much for your photocopy and note (dated 12th November) in response to my letter dated 5th November.

You tell me little and specifically do not answer the questions I raise in my original letter to you namely:

1) You must supply me with a true copy of the originally executed 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 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.

2) You must also 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.

 

To date you have sent me only a photocopy of the default notice – as you know I continue to dispute receiving this as I was in France at the time and upon my return I phoned you asking for clarification as I had received a letter from Metropolitan Collections.

You still have not sent me a copy of the originally executed agreement and therefore the law states that you (First Direct) are in Default. Your defaulting of me is therefore illegal and I ask you to remove it immediately from my record.

If you do not feel that you are in a position to do this I will have no further option but to refer this case to the Information Commissioner Office, Banking Ombudsman and Trading Standards as appropriate.

 

It is your duty to comply with my requests under the law within 28 days of my original letter which incidentally, you have failed to comply with fully, so far.

I again request that this information be sent to me and subsequently you have until the 5th December 2007 to provide it or you risk being in breach of your duties under Section 78 of the Consumer Credit Act.

 

Yours faithfully

As yet I still havent sent this one out - any advice gratefully received?

Thanks again

Alan

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PM sent re: the above...

 

I wouldn't send them the follow up letter, as that may spur on them on comply with your request. At this stage, not complying will strengthen your case - do don't do their job for them, I say!

 

You do now need to write to the collections company, telling them that you dispute the account and including the correspondance you've sent to FD. You MUST include this phrase - "I do not acknowledge any debt to your company or any company you represent" as the headline in the letter.

 

You can also consider sending them the Harrassment letters, available in the CAG Library - this should stop them from contacting you again until the dispute is resolved. If it doesn't, you can sue them for Harrassment!

 

Not a lot you can do until they reply really. I, personally, would also be sending FD a Data Protection Act S.A.R - (Subject Access Request) request - it will cost you £10, but what you get back may add to your case against them. You can take a look at my many, many threads on Default removal to understand what you're up against in the meantime...

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Here's the link to the Harrassment letter;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Adapt to suit your case. For example change, "frequency of telephone calls" to "frequency of correspondance and telephone calls", etc.

 

This should be your DPA SAR request;

 

Dear Sir/Madam,

First Direct Account Number: ********

s.7 DATA PROTECTION ACT 1998 – DATA SUBJECT ACCESS REQUEST

 

I request that First Direct provides me with all details held regarding my accounts, including, but not exclusively as I require access to all information relating to me as a Data Subject under the Data Protection Act;

 

§ Details of all default charges for unpaid items and fees charged for managing the above account, which I have paid in the last six years

§ Copies of all original Consumer Credit Act agreements for each account held in my name

§ Copies of all originally sent, signed and certified Default Notices or Termination Notices, defined by the Consumer Credit Act, along with any confirmation of postage or delivery that you hold regarding such Notices.

§ Details of all assignments, whether equitable, absolute, legal or otherwise, of the account and documentary evidence of such assignment

§ Details of all manual intervention that has taken place on accounts held in my name, with documentary evidence of such.

§ Details of logic involved in any automated decisions you made about me, or my accounts with you.

 

Please note that this is not an exclusive list, as I require access to all information held by First Direct regarding me, as a Data Subject under the Data Protection Act.

 

I understand that First Direct is obliged to provide this information under the Data Protection Act 1998. I have enclosed a cheque for £10 to cover the statutory fee that can be charged for this service.

 

I look forward to hearing from you within 40 days from the date of this letter and before [enter date of 41st day here], in any event.

 

Yours faithfully

 

You may want to send the same notice to the collections company, if you want to cover all bases - this is what I'm doing with Style Financial Services to ensure I have all the information I need to build a case against them.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi there

 

Thanks again for all the advice - apologies for not writing sooner - in London all week - I take your point about the follow-up letter - dont want to make it too easy for them.

 

Data subject access request will be sent tommorrow and to the collections company with the correct phrases as recommended!

 

I'll let you know how I get on and of course good luck with yours.

 

 

Regards

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Hi there

 

 

Had a response from First Direct re my data protection letter thus: -

 

Thankyou for your letter dated 16 November 2007.

 

I am unable to comply with your request to disclose data to third parties. The processing of these details is in compliance with the Data Protection Act 1998 and the Act allows......etc...

 

No real surprise there

 

I like the quote which states that "if we make demand for repayment following any default and they fail to ....... within 28 days then we may register the details with a 3rd party"

 

As you know I contend that no such demand occurred and therefore the default is illegal.

 

By the way I still have not received a copy of my executed agreement. Can you suggest any next steps please?

 

Regards

 

 

 

Alan

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Did you send your request by recorded delivery, or did you get proof of postage when you sent it? They have 12 working days, plus 2 for postage either way, to provide your agreement - if they don't they are in default of your request under the CCA 1974. If that default continues for one calendar month, they commit an offence;

 

If the creditor under an agreement 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

 

Sent 16 November, so received 19 November (?) - they'll be in default on 5 December and commit an offence on 5 January.

 

There are no next steps in follow up under the CCA at this stage. The good news is that they would have provided what you wanted, if they had it - as they haven't, they probably won't suddenly "find" it, so it's looking better and better to get this removed for you each day.

 

Have you sent your DPA SAR off? What date was it sent and have you confirmed delivery or proof of postage for that?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi

 

Yes can confirm that all letters were sent by recorded delivery and I have the proof of postage to prove it - so the first request for default letter + execeuted agreement was sent on 5th November and I received only a photocopy of the default letter and a compliments slip.

 

The subject Access Request was sent off 27th November along with a similar request to Metropolitan Collections - again have proof of postage for both and I modified the request to Metropolitan as you suggested.

 

So roll on the 5th January.

 

thanks again for all your help and guidance.

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Ok, so the dates are;

 

CCA request;

Sent 5/11

Received 7/11

1st default 23/11

2nd default 23/12

 

Data Protection Act S.A.R - (Subject Access Request);

Sent 27/11

Received 29/11

40 days = 8/01/08

 

Can you scan a copy of the Default Notice they've sent and post it up, removing your personal data first, so I can see what they've sent? If they can't provide an agreement, properly executed in the right form and content, they can't Default you under the Act as that implies having a proper agreement.

 

Remember with the CCA request, they are barred from "enforcing" the agreement (er, which agreement, Mr FD?) but that won't stop them "collecting" it - if they contact you, you should say "I do not discuss financial matters by phone". If they call again, we'll get a harrassment letter off to them. If they write to you, you'll have evidence to show the Court they are still collecting on the account while it's in default of your request - this is against the OFT's Guidelines on Debt collection and they risk having their Credit License reviewed if they continue. (It will also really "P" the Judge off!)

 

BTW - I haven't done anything yet, just pointed you in the right direction! You're doing all the hard work, I'm just sitting here typing! Usually, in these cases, there are plenty of legal bods on CAG that can come in and help, but I think this is really striaght forward given what you have so far. What they've sent you is irrefutable evidence in Court, as they can only rely on what they've sent - the longer they are in default, the better.

 

Also, how far are you prepared to go with this? Financial Services Ombudsman? Information Commissioners Office? Court? I think this may end up in Court, as I've mentioned before, which seems to be the only way to get these companies to take heed of what you're saying - are you cool with that? I'll help along the way and we have loads of resident experts on here that can help, but ultimately it's your case and only you can decide what is right for you...

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi there

 

Yes see attached default letter with all personal details removed. In answer to your question about how far I am prepared to go - I must say all the way including court - I feel really abused by First Direct as this could have all been resolved very easily. You know thy're latest ad campaign about going overdrawn - we'll tell you if you're about too - why on earth couldnt they have called me???

 

Our ref S/CRS/RST/M449/1131011/CSL40,

first direct

40 Wakefield Road

Leeds

LS98 1FD

 

 

 

 

'iHiViWiWIVM

first direct

Member HSBC Group

08 456100100 firstdirectcom

 

08 August 2007

Dear Mr Smith

FINAL DEMAND

Despite our previous correspondence concerning your debt we have to date received no satisfactory response

We now DEMAND immed^ate^re^ayment of the sum of MHMBLb

amount is made up as follows:

 

Account number

Credit(CR)/ Balance Pebit(DR)

DR

 

 

TOTAL

DR

 

The outstanding balance of •JPrWwill have further interest added on the same basis as presently applies until the date of full repayment.

YOU HAVE SEVEN DAYS TO REPAY IN FULL or let us have satisfactory proposals for repayment by Instalments or otherwise. If immediate repayment in full cannot be made, the enclosed Financial Statement form must be completed and returned.

continued

Page 2

If you fail to comply with this demand DEBT COLLECTORS or SOLICITORS will be instructed.

Details of your default including your name and address will be given to the CREDIT

REFERENCE AGENCIES named below if we have still not received a satisfactory response from

you within 28 days. Credit Reference Agencies supply information to lenders in order to establish

an individual's credit history quickly and simply. Lenders then use this informatioi^o^h^lpjecide

whether or not to accept applications for credit from their customers. If details of your, g;ej&ujt are

given to Credit Reference Agencies this may make it more difficult to obtain credit els^wftefte in the

future m« m^

Yours sincerely

 

 

Hope this all makes sense.

 

 

Kind Regards

 

 

 

Alan

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Alan,

 

Does that letter say "This is a Default Notice issued under s.87 Consumer Credit Act 1974" or "This is a Termination Notice issued under s.98 Consumer Credit Act 1974"?

 

It doesn't tell you what you need to do to remedy the breach or prevent termination. It also doesn't tell you what to do to get advice.

 

IMO, this letter has NO legal effect whatsoever as it doesn't meet the form/content of either section of the Act, so they can't Default/Terminate you as a result of this.

 

Tsk, tsk, First Direct!

 

:rolleyes:

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi Again

 

Just looked at the letter and guess what no mention of the "default notice issued under" anywhere - if you remember I asked in my original letter for all the information pertaining to this default - all I got was this photocopy and a compliments slip.

 

I take heart from what you say - how do you think I should approach next steps? - clearly they appear to be on shaky ground here.

 

Also still no further information from First Direct or Metroploitan on my data access sar and my original request for the executed agreement.

 

 

 

Kind Regards

 

 

 

Alan

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It's not a Default Notice under the CCA in that case;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/103785-default-notices-what-they.html

 

Next steps? Wait it out... Once the timescales have expired, we might start pushing them at that point.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Right, I've looked again and they are already in Default of your CCA request - I'm presuming they haven't replied to your Data Protection Act S.A.R - (Subject Access Request) too?

 

So, the next letter to send them is the Surleybonds letter with s.10/s.12 DPA Notices you'll find these here';

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

Just adapt these to suit your case so far.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi there

 

They havent sent any response to the Data Protection SAR yet though I thought it could take upto 40 days. Its approx 1 month since I asked them for my executed agreement which they havent sent as well.

 

Also the Dat Protection Act Notices - I already sent those and they have written back saying that they cannot comply although I have 8 weeks to respond back to them. Metropolitan have also not responded to the Data Protection SAR as well.

 

Happy for the timescales to expire accordingly.

 

 

Kind Regards

 

 

Alan

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Ok Alan, time for a letter before action then;

 

Dear Sir/Madam,

 

First Direct Account Number: ********

 

I refer to your latest reply to my complaint regarding the account above, dated X.

 

I do not accept that you have fully considered the comments I have made in my correspondance with you to date.

 

I should point out that the Data Protection Act requires you to have express written consent to share each piece of information in this way, or you have committed a criminal offence. (S.35)

 

I will, therefore, consider any further non-compliance a willful act on your behalf, as you have failed to produce evidence of my consent to your actions. Hence the reason for this compliant, which seems to have gone unnoticed in your replies.

 

Please be aware that Default charges and fees have been applied to this account. As a result, any Default Notice and Temination Notice that you may have sent previously, includes these illegal charges and are, therefore factually incorrect. I would also like to refer you to the decision made by the Court of Appeal, in that a failure of a Default Notice to be accurate not only invalidates the Default Notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 ) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Defendant a counter claim for damages - (Kpohraror v Woolwich Building Society [1996] 4 All ER 119) I therefore hold a chose of action in Law to reclaim the value of each Default amount contained within the Credit Reference Agencies records and £1000 in substantial damages as a result of these decisions. I will also rely on the fact that you are unable to provide evidence of your compliance with Part VII of the Consumer Credit Act 1974, as you have failed to meet the prescribed form and content of a Default Notice or Termination Notice under s.87(1) and s.98 of that Act.

 

Without a regulated agreement that complies with the form and content of the CCA, no enforcement action can be taken against me – “due process” has not been followed in that the agreement has not been executed in accordance with the Act. I will consider any further attempts to continue collection activity on this account by First Direct, or their agent, as having failed to investigate a dispute as required by the OFT Debt collection Guidelines and that this further activity amounts to unlawful harassment under section 40 of The Administration of Justice Act 1970. Furthermore, the behaviour of First Direct in continuing to ignore my dispute and continue collection activity is entirely vexatious and wholly unreasonable.

 

I will await your final response to my complaint, both in letters that I have already sent (which I would like you to consider before replying to this letter) and the contents of this letter before issuing legal proceedings against you in my local County Court. I am aware that this will be at a cost to First Direct, which I am keen to avoid, so I will outline what I will accept as settlement of this dispute – whether you continue to ignore these issues, or decide to operate some discretion (which you do have and are not bound to fail to apply) in not accepting my complaint but offering a goodwill gesture given the issues I have highlighted;

 

§ Complete cessation of all collection activity on the accounts in question; and

§ Removal of all information relating to me in reference to these accounts from your systems; and

§ Communication confirming that you have instructed each Credit Reference Agency that you have reported adverse or Default information to, to remove that said information unconditionally.

 

I look forward to receiving your reply to this letter within 7 days. If you fail to reply, or reply without meeting my requirements for dealing with this issue, I will deem this letter, along with my previous correspondance on this issue, to be a "pre-litigation protocol" under Civil Procedure Rules and reserve the right to issue Court proceedings without further warning.

 

Yours faithfully,

 

  • Haha 1

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi there

 

Wow what a letter!! - can I just check though that it would be ok to send this now rather than waiting until they are at second default on my original requests for the executed agreement?

 

Kind Regards

 

 

 

Alan

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Go for it kidda!

 

The second Default is a criminal offence, so unless you fancy taking a criminal prosecution through the Magistrates Court, with the potential of losing and being made bankrupt along the way, we'll just continue working with the Civil remedies you have available to you for now.

 

:eek:

 

Of course, we'll be complaining to Trading Standards, whose job it is to prosecute for you, but they probably won't bother doing anything about it. (Too busy closing shops down for selling dodgy Christmas Lights, see!)

 

:p

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi

 

Many thanks for all your encoragement and support over the past few weeks - its been a real godsend having someone to exchange emails with about these disreputable banks!

 

You'll be pleased to know that the letter has been sent recorded delivery today and I will keep you posted as to the outcome.

 

Thanks again

 

 

Alan

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NP Alan - I'm just pleased I can be of help, as I know how it can feel to be in this position without having somewhere to get support from.

 

I'm on a bit of a crusade, as you've probably already noticed, as I personally think that this Default issue will be bigger than Bank charges!

 

Bring it on, I say - about time these companies had the tables turned on them!

 

(Oh, and don't think I spend all day on here or anything, as I do have a life outside of CAG! I just get fired up and crave a challenge!)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • 3 weeks later...

Hi there

 

A very merry Christmnas and a Happy New Year - as things have quitened down a little thought I'd update you with news from First Direct.

 

I received three letters a response from Metropolitan about the data request which I received on the 18th December - nothing revolutionary here just a small amount of data.

 

The two letters from First Direct however, in response to the legal letter you helped me frame etc.. I also received a response on the 20th December saying thank you etc.. you will receivee a response within the next 14 days - delaying tactics or what?

 

As for the data request - my request for data from them I received 21st December - interestingly enough they state that the letter was accepted by them on the 28th November for processing and they have 40 days etc..

 

So no great surprise in any of this - apart from the fact they still have not responded fully to my original request for the original signed agreement and they are in defualt of my request.

 

I also allowed them 7 days in which to respond to my legal letter which they promptly did not respond to - question is do I now submit legal proceedings against them?

 

Kind Regards

 

 

 

 

Alan

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