Aqua MasterCard/1st Credit

[boavista1952]

Hi,

 

I have a small debt to Aqua MasterCard (£300) and it is being handled by 1st Credit.

 

On the 28th December I sent a CCA request by recorded delivery and have received this response from them this morning:

 

 

 

Could I ask for advice on what my next move should be, particularly in response to paragraph 2 and 4.

 

Many thanks!

 

boa ......

[N.P]

Hi there Boa,

 

Welcome to CAG.

 

Are you paying anything towards this debt? If you are then wait 12 working days from the day they received your request and stop paying them.

 

Clearly they are simply acting on behalf of Aqua Mastercard and at present, don`t have a CCA themselves, although one could still turn up.

 

At the moment you do nothing, just wait to see waht turns up next, you are not obliged to talk to them on the phone either, everything in writing.

 

The £10 charge would be for a copy of the statements for the account in question. If you sent Aqua a SAR, you could get upto 6 years of statements from them then check to see if any charges have been applied to the account, which would bring down the alleged debt.

 

So, for the time being, sit tight.

 

Regards

 

 

N.P

[N.P]

Hi again,

 

One more thing. When was the Credit Card opened?

 

 

N.P

[boavista1952]

Hi N.P,

 

Thanks for your reply ....

 

I have been making monthly payments to 1st Credit but I advised them in a separate letter that I would not be able to continue to do so and I made a renewed offer of nominal payment only (£1.50) and sent a cheque for that amount ... it has been cashed at my bank today!

 

The card was issued about this time last year.

 

A little history of my situation can be seen here ....

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/123986-debt-mangement-collection-agencies.html

 

boa .....

[N.P]

Hi boa,

 

Just wait until the 12 working days are up and if they still haven`t shown up with anything it`s then upto you if you want to stop payments.

 

In the mean time, just let them get on with whatever these fools do. It`s upto them to comply with your request now. Don`t think your obliged to send them a reminder, because your not. Just let them fester, like the parrassites they are. Parrassites are not that bad really, they live of others to survive, but these scrotums just terrorise people for fun.

 

As the account is only a year old they may well have a CCA, but you never know.

 

Anyway, catch you later.

 

Regards

 

 

N.P

[boavista1952]

 

Thanks N.P

[ThisVeryMoment]

"but these scrotums just terrorise people for fun".

 

Proof? That is a VERY serious statement that could cause problems for this site.

[boavista1952]

Hi boa,

 

Just wait until the 12 working days are up and if they still haven`t shown up with anything it`s then up to you if you want to stop payments.

 

In the mean time, just let them get on with whatever these fools do. It`s upto them to comply with your request now. Don`t think your obliged to send them a reminder, because your not. Just let them fester, like the parrassites they are. Parrassites are not that bad really, they live of others to survive, but these scrotums just terrorise people for fun.

 

As the account is only a year old they may well have a CCA, but you never know.

 

Anyway, catch you later.

 

Regards

 

 

N.P

 

 

I received a further two letters in the post this morning one dated 8th Jan (1st scan) and the other dated 11th Jan.

 

I'm puzzled by the contents of both letters as they seem to be ignoring issue of my CCA request.

'request for copy invoices' ... whats that all about:confused:

 

Any advice on how to proceed from here would be appreciated .... or, do I still sit tight?

 

The 12 days expired yesterday.

 

The letters .........

 

 

 

Boa ....

[N.P]

Hi Boa,

 

Looks like they are just keeping you in the picture as to what they are doing.

 

They still haven`t sent you your CCA, so just let them keep fumbling about with whatever they are fumbling about with.

 

Remember, no CCA = Unenforceable Debt!

 

Just keep waiting to see what they come up with next.

 

Regards

 

 

N.P

[boavista1952]

Thanks N.P .... I will do that

 

 

boa ...

[boavista1952]

Hello all,

 

Okay, I have had further correspondence from 1st Credit concerning my Aqua account.

 

To summarise, on 28th December I sent a CCA request to 1st Credit, they responded by sending letters (copies previously posted to this thread) ... a little over 2 weeks ago I received a bunch of 'copy invoices' on plain paper but no true copy of the CCA.

 

This was followed quite quickly by a further letter 'introducing 1st Credit' to me, (I have been dealing with them for 6 months) advising that the debt had been assigned to them and as a result the full amount outstanding was due to them .. immediately!

 

It went on to say I should make no further payments to Aqua .. (that in it's self is odd as I have been paying 1st Credit for the last 5 months) and that should I require a copy of any 'personal information' that they hold on me, they would, in accordance with Data Protection Act 1988 and on receipt of a fiver, be happy to comply.

 

Then today, I received a further letter threatening 'legal proceedings' asking that I should take this 'final opportunity to make contact'.

 

So, any advice as to where I stand on this at present ... I still have not received a true copy of the CCA, unless of course the bunch of invoices fulfills their obligation under the request.

 

I have been paying a nominal £5 a month since October, reducing it to £1.50 in December at the point that I made the CCA request!

 

Would really like some advice here ..... many thanks,

 

Boa.......

[42man]

OK....well you should have received an assignment from Aqua themselves saying that the debt has been assigned to.......it would be interesting to see how much of the remaining balance is made up of excessive charges (don't forget you can add 8% in compounded interest to the excessive charges)....the only way you could find out is to send a SAR to Aqua to get your statements (unless you already have them).....(it may even be possible that they owe you !!!).....as NP has already said the debt is unenforceable due to non production of the CCA...if it were me after the non production of the CCA after 12+2+30 days I would stop paying them.

 

And don't forget the OFT's debt collection guidelines state this...

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

[boavista1952]

Hi 42man,

 

Yes I did get an assignment notification almost immediately after I sent the CCA request, (see copy, #8 of this thread) ....

 

So, would I best send a stroppy letter reminding them of OFT guidelines in particular 2.8 (k)?

 

Boa ....

[boavista1952]

Ah, sorry 42man ...

 

I have just read your post again, properly this time .

No I didn't get an assignment notice from Aqua, only the letter previously imaged in this thread.

 

Boa....

[42man]

OK, well you should have got a letter FROM the BOS/Aqua they have to send you a default notice too and a letter of assignment.....and yes it might be worth writing to them...edit to suit...

 

Dear sir

 

I refer to my letter dated xxxxx which was delivered via Recorded Delivery to your offices on xxxx.

 

You have failed to supply the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the xxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 .

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on xxxx and xxxx respectively.

 

As you are no doubt aware, Section 78(6) states:

 

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.

 

Therefore on xxxx this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a bona-fide request for a true signed copy of the said agreement, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to 1st Credit.

 

I require the following action from 1st Credit :

 

1. All payments made to date to 1st Credit for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by First Credit. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force First Credit or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

You should also note that it is well known that debts are made up entirely of excessive charges. And it may be the case that you OWE ME !!

 

I look forward to your reply within 14 days to resolve the matter amicably.

[boavista1952]

Great, I will get a letter organised and in the post this afternoon and I keep you posted of the outcome.

 

Appreciated your help 42man.

 

Boa .........

[N.P]

Hi boa,

 

Just caught up on your thread.

 

42man seems to have kept you on the right track.

 

Just remember, NO CCA = UNENFORCEABLE DEBT, but that won`t stop them trying to baffle you with bull****, LOL.

 

Just incase they do turn up with a CCA, you`ll need to scan it up on here ASAP so everyone can check it out.

 

I`ll keep watching.

 

Regards

 

 

N.P

[boavista1952]

Thanks NP will do that ....

 

Boa ....

[postggj]

http://www.consumeractiongroup.co.uk/forum/halifax-if-successes/116741-halifax-default-credit-agreements.html

 

 

try this link with my battle with aqua mastercard

[boavista1952]

Great, I will get a letter organised and in the post this afternoon and I keep you posted of the outcome.

 

Appreciated your help 42man.

 

Boa .........

 

 

 

Okay, I received a response from 1st Credit this morning in the form of a letter outlining 1st Credit Limited 'Complaint Procedure'.

 

Would it be possible for some kind member to cast an eye over the letter and advise me accordingly .... this is a first for me and I wish to get it right first time!

 

 

 

This is the response I got by sending an edited version of the letter template in 42man's post #15.

 

boa .........

[N.P]

Hi boa,

 

How you doing matey?

 

Well, I`ve never had anything that like back either, in fact I don`t seem to be getting anything back, LOL.

 

As it reads, it just their complaint procedure, should you wish to make a formal complaint.

 

You could either make a formal complaint or you could just blank it and everything else they throw at you as they STILL haven`t supplied your CCA.

 

Remember, your only interested in your CCA, not a load of crap!

 

NO CCA = UNENFORCEABLE DEBT, ANYTHING ELSE = CRAP.

 

Regards

 

 

N.P

[boavista1952]

Mornin all ,

 

Okay, I have had a further letter from 1st Credit this morning in response to sending a copy of the letter template offered in 42man's post #15.

 

 

 

So, as you can see from this letter, they are now saying that I did not pay the fee required when making the request.

 

I made a CAA request on 28th December 2007

 

I enclosed a crossed PO made payable to 1st Credit Ltd in the sum of £1

 

I sent the letter with the PO by recorded delivery on the 28th December 2007.

 

I have the post office stamped (orange) receipt.

 

I have the post office printed transaction details of the postal order which includes voucher ID number and to whom I made it payable.

 

I now have proof of delivery from the Royal Mail website after entering the recorded delivery reference number.

 

I am currently trying to find a telephone number in order to speak with the Post Office postal order team in Chesterfield to establish the actual date that the postal order was cashed by 1st Credit .... if anyone has that number I would be grateful.

 

In the meantime may I once again call on advice on how to proceed from here ..... [EDIT]

Edited October 9, 2008 by alanfromderby

[honey5]

You could try ringing Post Office Counters, the number is 08457 22 33 44

they should be able to give you the number of the office youre after

honey x

[boavista1952]

Thanks honey5,

 

I have just got off the phone from them, apparently, there is no number any enquiries need to be made in writing and sent to Chesterfield .... that's gonna take a week or so knowing RM:(

 

 

boa.......

[42man]

Well you know you are in the right, exactly the reason why we keep all our documents...If you can get the proof from the PO....that they have cashed it, what they are doing is committing fraud...