1st Credit - threatening Statutory demand = Help!!!

[weller711]

Please could anybody advise,

CCA'd 1st Credit on 4 December -since then had lots of threatening letters and received a letter threatening a Statutory Demand - at least the letter says "We are considering whether we should issue a Statutory Demand under the Insolvency Act 1986 etc etc.

 

This letter is from the 1St Credit Audit Team

 

Please tell me this is just scare tactics.............................................

[citizenB]

Are you able to scan in the letter you received, minus personal details of course. So that those in the know will be better able to advise you x

[boyboynova]

I would apply to have it set side just to be on safe side.

It doesnt cost anything and you can download forms 6.4 and 6.5 from web

chris

[zazen.warrior]

I expect so, 1st Credit seem to be without conscience or intellect when it comes to making threats; they are also selectively blind and deaf.

 

I would remind them they have not complied with your CCA request and confirm any vexatious SD would be set aside.

 

Also report 1st Credit to the Trading Standard Office as per OFT guidelines Section 2.8k ‘not ceasing collection activity whilst investigating a reasonably queried or disputed debt’.

[weller711]

So I should send the non-compliance letter - what does vexatious SD mean? Sorry to trouble you

[weller711]

I also received another letter approx 1 month ago which said they had looked it up (or something) and confirmed that I was the owner of this property from The Land Registry - slight problem - I am not the owner of this property

[boyboynova]

1st Credit seem to be sending loads of SD demands these days !!

I received one a few weeks ago but had set aside to to make sure,not heard a peep since

[boyboynova]

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary.

[zazen.warrior]

To my understanding there is nothing to set aside at the moment as only a 'threat letter' has been received and we know how many of those they send out.

[weller711]

I'm totally lost now

It doesnt actually say its a SD, just that

 

"We are unaware of any legally valid reason for non-payment of the above debt or of a reasonable offer being made. We are therefore considering whether we should issue a SD under the Insolvency Act 1986"

 

I'm not sure what exactly to put in my reply to them so any help would be very much apprceiated

[boyboynova]

Sorry thought you had received SD..

I would remind them they havent complied with your CCA request.

[zazen.warrior]

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

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

 

If the creditor 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 this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

Edit as necessary and credit to the person who composed it (not me)

[weller711]

Thank You soooooooo much, will get that off today

Thank you all for taking the time to reply

[ScarletPimpernel]

I favour brevity:

 

Dear Parasites

 

I refer to your letter dated xxxx in which you state: We are unaware of any legally valid reason for non-payment of the above debt or of a reasonable offer being made. We are therefore considering whether we should issue a SD under the Insolvency Act 1986"

 

Your default relating to the formal request I made on (date) pursuant to s.77/78 of the Consumer Credit Act 1974 is an entirely legal reason for non-payment. Your demand for payment is, for the same reason, unlawful.

 

I trust the situation is now clear. If you do not understand, you should seek professional advice.

 

Find enclosed a Notice pursuant to s.10 of the Data Protection Act 1998.

 

 

I usually enclose the s.10 Notice separately.

[weller711]

I like that :-D But should I send it?

 

Forgive my ignorance but what is a s.10 Notice?

 

Apologies for all the questions

[mr.ton]

1st credit have a loud bark..but all the bite of a new born puppy

[boyboynova]

Thanks ZW thats the one just been lookin for,got it in a folder on pc but cant find it:o

[zazen.warrior]

Yes I have a huge word document entitled 'Useful Stuff' with bold headers above each thing saying what it is so I can whizz through and find what I need.

 

Anything I have used or might need goes into it.

[babybear39]

Subscribing...

 

Great minds think alike zazen.warrior (Although today mine's a bit fuzzy )

[citizenB]

Yes I have a huge word document entitled 'Useful Stuff' with bold headers above each thing saying what it is so I can whizz through and find what I need.

 

Anything I have used or might need goes into it.

 

 

This is an excellent idea . Thank you x

[citizenB]

Just catching up with my subscribed threads.

 

weller711 di you hear any more from 1st Credit?

[weller711]

Hi, thanks for asking, heard nothing else from First Credit but they have passed it on to Scotcall - so have sent the

 

"This alleged debt is in dispute with First Credit....................you have no legal right to try and collect...........pass back to OC" letter

 

and heard nothing since but I guess I will soon

[citizenB]

Thanks for the update. Will keep checking back for further news.