Aqua MasterCard/1st Credit

[boavista1952]

Well Well Well ................. what can I say!

 

I managed to get a telephone number for the postal order team at Chesterfield (01246 542091) and 1st Credit have NOT CASHED the postal order.

 

Is this some sort of 'stroke' or what?

 

Where do I go from here?

 

boa ........

[Boro]

Get your evidence together and report them i can see this one being fun

 

It doesnt matter what they did with the £1 fee, merely the fact that it was there and that you can prove it is good enough, sneaky b*s*ards though

[boavista1952]

Hi Boro,

 

I was just contemplating my options with regards to that, however, as I am a novice in these matters and this will effectively be the first battle in my war against DCA's, I don't really want to screw it up!

 

Who would I report them to .. OFT and, should I or do I need to, refer back to 1st Credit and inform them of my intention to do so?

 

Is there a template available for a letter of complaint to the OFT?

 

 

 

boa ......

[boavista1952]

Just in case anyone else has a PO problem to deal with .... this may help!

 

Extracting information from the Post Office Postal Order Team.

 

This department claims that it ONLY deals with written enquires and communications.

 

Here's a thing to get around it ........

 

I have obtained the number 01246 542091

 

When they answer, you get straight through to a team member (totally amazing in itself) who will ask if you have received a letter and then ask for the reference number off that letter ..... the reference number that they use is the voucher ID number of the postal order.

 

Just quote this from your post office receipt and make your enquiry .... easy peasy!!

 

boa ....

[tabitha08]

Dear Boa

 

I have just joined this forum today and it is so helpful, especially your dealings with 1st Credit. My husband and I ran into financial difficulties about a year and a half ago and we used Payplan to help us and they have been brilliant up to a point. One of my husbands debts is with Credit Financial and they sold it onto 1st Credit. Unforutnately for us it is a substantial debt (just under £20k for this one,although our overall debt if much bigger) and they have been the most aggressive DCA that we have had to deal with so far. They have used every threatening trick in the book to get us to pay up and in their last letter they were actually threatening us with bankruptcy proceedings, which is funny because at this point it looks like the best option for us!

 

I just wanted to let you know that you are not the only one trying to be bullied by these people and having read your story so far it gives me great comfort. I am also having huge problems with the Halifax and having read the postings from others about the Halifax I can see that it is worth fighting back and not aloowing these people to take over our lives. For the first time in ages I now feel more in control and it is great to have found a community of people who are in the same position.

 

Good luck to you and to everyone else in their fight against the bullies!!

[boavista1952]

Hello tabitha08,

 

Welcome ... I am a new member as well having only joined last December, I have had excellent sound advice and help from other members and it has help me regain the will to fight on.

 

Hope all goes well for you and your other half ...

 

boa. ....

[N.P]

Hi again boa,

 

How you doing matey?

 

Have you STOPPED payments to these empty heads yet? If you haven`t then STOP.

 

As long as you have proof of postage for your CCA request and also a receipt for your Postal Order then you have nothing to fear.

 

In short, you made a Legal request, they received and are playing sill buggers. So STOP paying them, it`s your right. If they want money from you then they MUST come forward with a valid CCA. It seems these knob jockeys are trying to fill you with any old crap to get you to pay.

 

I wouldn`t even entertain them, your CCA request still stands. They say they are dissapointed that your not paying, well so what! Don`t paying them anything else and really miff them off, they can`t do anything with a CCA.

 

Remember, NO CCA = UN-ENFORCABLE DEBT.

 

Catch you later.

 

Regards

 

 

N.P

[boavista1952]

Hi N.P

 

I'm okay thanks, soldiering on in the best way I can.

 

With respect to 1st Credit and the letter I received from them (see #22) I knocked a reply together yesterday but as yet haven't sent it, perhaps you (or anybody) would be kind enough to cast an eye over it and make comment before I get a copy in the post later today ......

 

1st Credit Limited

The Omnibus Building

 

Lesbourne Road

Reigate

Surrey

RH2 7JP

 

 

26th February 08

 

For the attention of [EDIT]

 

 

Dear Sir,

 

Ref: 11111111

 

Re: Aqua MasterCard Account No: 111111111111111111

CCA Request 28/12/2007

 

 

Thank you for your communication dated 25th February 2008 referring to the above account - your comments have been noted, particularly your attempt at sarcasm in the final paragraph.

 

The measure of your disappointment at my choice not to make any further payments on this account cannot equal my feelings of intense anger and frustration at your decision to prevaricate and ‘play games’ with me in respect of this matter.

 

Let me reaffirm and clarify your legal position on this situation:

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence.

 

These time limits expired on 12th January 2008 and 11th February 2008 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 11th February 2008 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.

 

Finally, should you continue with this erroneous ‘fee not received argument’ as a valid reason for your failure to carry out your obligation under my recent request, I will view it as a deliberate act of fraudulence on your part and I will respond with the appropriate measures.

 

The £1 for information pursuant to the Consumers Credit Act was made and, has been received by 1st Credit - as such your comments and observations in your letter are inappropriate and subsequently do not apply.

 

 

 

Yours truly,

 

 

Xxxxxxxxxxxx

 

 

 

xxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

 

 

 

 

 

 

 

 

I just needed to respond in some way to the smug txxt that wrote from 1st credit.

 

boa .....

Edited October 9, 2008 by alanfromderby

[boavista1952]

Am I wasting my time sending this letter (# 33)

 

boa .....

[42man]

They have probably already read your letter on the forum !! but if it was me I would send it via recorded....

[boavista1952]

Hi 42man,

 

Yeah, naive of me to think that the DCA's don't monitor these forums ....

 

boa .....

[N.P]

Hi boa,

 

Yep, you could send them that. At least you are trying to get through to them, so they can`t just say you are ignoring them.

 

You say you will respond with the appropriate measures, to be honest putting something like that is pointless unless your going to see it through.

 

You could tell them they have 48 hours to comply otherwise they`ll be on the receiving end of a Cruise Missile or an ICBM. Failing that you could buy an Uzi off eBay and go down and spray it around a bit, LOL.

 

Keep it up matey.

 

Just remember, without a CCA they can waffle on as much as they like. Put simply, they are peeing into the wind. You could quote that to them.

 

Regards

 

 

N.P

[N.P]

Hi again Boa,

 

Just another thought, you could whack a Court claim in to these incompetant imbeciles for a breach of the DPA. That might wake them up a bit, they`d probably crap too.

 

Regards

 

 

N.P

[boavista1952]

Get your evidence together and report them i can see this one being fun

 

It doesnt matter what they did with the £1 fee, merely the fact that it was there and that you can prove it is good enough, sneaky b*s*ards though

 

If I was to go ahead and report them as you suggest, who would I report them too? ......... and is there a standard letter of complaint available?

 

I apologise for my thickness!

 

boa ....

[boavista1952]

Back again

 

Okay, I have had a reply to my letter (#33 of this thread) ...

 

 

 

What puzzles me is, if they placed the quoted narrative on my account at the time my CCA request was received ... why did they not mention it to me in their confirmation letter of 3rd January (#1 of this thread).

 

Then there are the letters that I received (#8 of this thread) on or around the 11th January .... why? My CCA request made no mention of 'copy invoices' or 'assignment notices'.

 

Then, I received a bundle of copy invoices with a compliments slip ...... this is yet another puzzle, why send them when I didn't send a S.A.R request, also, they bleat on about the £10 charge required before they can supply 'copy invoices' ..... I did not pay £10, why would I, I didn't ask for the copies in the first place.

 

Any advice on what my next move should be ..... I really want to write to them and say 'see you in court' ...

 

boa...

[42man]

OK....I would complain to the FOS, you can prove that you sent the Postal Order, you have eveything in writing, I get the feeling they are deliberately trying to confuse you. Send your case to the FOS and let them charge 1st Credit £400 to investigate your case....

 

And if they chase you, write down every time they call you and the date, and every letter they send you....as the account is firmly in dispute, with no CCA sent by them (they are in default of your request already)....

[42man]

Keep your argument clear NO CCA produced, cashed your postal order, trying to tie you up in circles by producing spurious documents !!

[42man]

Without a CCA (let alone having the prescribed terms on it).....they are stuffed game over !!

[Boro]

Its either a case of accidental loss (ie when they opened your request the postal order fell out and wasnt seen) or they are being realy sneaky and hoping that in not cashing the postal order they can claim non receipt and expect you to prove otherwise, i would still say the request stands, you have the proof that you bought the postal order and that you sent it, i do not believe you should have to prove that it was there, what if you sent them a quid again (to cover all bases) and then found they had bluffed you along for extra time and came up the an agreement as im sure they will start the clock again from the date of receipt of the £1 fee

[boavista1952]

42man, boro,

 

Thanks for that, I will 100% get a letter of complaint off to the FOS this weekend ... I know you said keep it simple, but is there a template available for this type of letter?

 

i do not believe you should have to prove that it was there, what if you sent them a quid again (to cover all bases) and then found they had bluffed you along for extra time and came up the an agreement as im sure they will start the clock again from the date of receipt of the £1 fee

 

I thought that myself!

 

boa..

[42man]

I think you can go to the FOS website and download a complaints form....

[N.P]

HI boa,

 

Write and tell these duck eggs you are quite happy to let a Judge decide wether or not they are in breach of your CCA request, and if not, tell them to sod off!

 

Remember, if you have proof of postage, the Judge will deem it received 2 days later. As, you HAVE proof of postage and also the receipt from your Postal Order, I don`t think you could lose. I can`t honestly see how they can lose a Postal Order from an envelope which also had in a letter they received. And would anyone want to open it before it reach them and swipe a £1 Postal Order? I don`t think so.

 

Call their bluff, and tell them they`re getting bot all.

 

Regards

 

 

N.P

[boavista1952]

HI boa,

 

Write and tell these duck eggs you are quite happy to let a Judge decide wether or not they are in breach of your CCA request, and if not, tell them to sod off!

 

Remember, if you have proof of postage, the Judge will deem it received 2 days later. As, you HAVE proof of postage and also the receipt from your Postal Order, I don`t think you could lose. I can`t honestly see how they can lose a Postal Order from an envelope which also had in a letter they received. And would anyone want to open it before it reach them and swipe a £1 Postal Order? I don`t think so.

 

Call their bluff, and tell them they`re getting bot all.

 

Regards

 

 

N.P

 

Okay... it's been just over two months since I last wrote to 1st Credit saying that I was quite happy for a judge to decide whether or not they have breached my CCA request and in that time I have not heard a whisper from them .....

 

Should I let sleeping dogs lie or should I stir them up with regard to defaulting on my request .... incidently, I was paying nominal monthly amounts to 1st credit but I ceased making these payments after advising them I would do so.

 

Boa....

[N.P]

Hi boa,

 

It`s up to you what you want to do next.

 

Perhaps you have answered your own question? Should you let sleeping dogs lie?

 

If your not paying them anything and they`re not hounding you then leave it at that and enjoy the break from their harrassment.

 

It could be they are looking for the CCA. Without it they know they are wasting their time.

 

Regards

 

 

N.P

[boavista1952]

Hi N.P,

 

Yeh I have decided to leave it be for the time being as I have got another case on the go with Barclays .... that should give me a bit of fun for a few weeks ......

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144523-barclays-appointed-dca-i.html

 

Regards .... Boa ...