1st Credit - default, no CCA, not helpful

[sismile]

My wife has an old debt being collected by 1st Credit.

 

Recently I wrote to them for her asking for the CCA and enclsoing a postal order. She received a letter back acknowledging the request, but saying it will take up to 6 months to provide the CCA.

 

It's my understanding they have 14 days to provide this, as stated in the Consumer Credit Act.

 

The letter was sent to them on the 18th March. It's now the 30th April, clearly a lot more than 14 days have passed and we have not received the CCA.

 

1st Credit have also registered a default in their own name on the debt, the debt already had a default from Abbey some time before 1st Credit took it over, I'm going back about 8 or 9 years now. The 1st Credit default is dated 4 years ago. I tried writing to them about this a while back, their response was to send a solicitors letter threatening legal action.

 

 

Mr Paragon hell blog -

Paragon debt Hell

[vselym]

Hi Sismile

 

IF this account is regulated by the CCA 1974, andyou posted the CCA request on 18th March by recordable means, and have proof of delivery, then 1st Credit were in default by 31st March.

 

As such they are no longer legally entitled, unless by order of a court, to enforce the debt, and whilst they remain in default of the cca request, you are within your rights to withold payment. If after another 30 days, in your case this friday 2nd May, they still have not complied they will have committed a summilary offence.

 

With regards to their "6 months", they wish !

 

With regards to registering a 2nd default, try this

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131232-credit-reference-agencies-multiple.html

 

Be aware, that in unlikely event(cough) that they are unable to provide a properly executed CCA, then the chances are this will be hawked around other dca's and the process will start again

 

With a debt of this age, it may be worth, if possible, looking to make a Full and Final Settlement, at a greatly reduced rate, but be sure to include default removal as part of the negotiations, something many overlook

[sismile]

On the 18th March I sent a letter on behalf of my wife asking for the CCA for a debt that 1st Credit are collecting.

 

A week later they wrote back saying ot would take 6 to 8 weeks!

 

We wrote back saying the consumer credit law only allowed them 14 days. To date we have not received the CCA.

 

Today my wife contacted Abbey National who sold the debt to 1st Credit. We discovered they have nothing on file about the debt. They don't have the CCA or any other information.

 

1st Credit added their own default to the account as soon as they brought it, even though an old default had been placed by Abbey back in 1999. The 1st Credit default is dates 2004, and will be on file until 2010!

 

Two questions really, at present my wife is paying 1st Credit, as they can't provide the CCA should she stop. Secondly, as Abbey have no details of the account how do we go about getting the default removed by 1st Credit?

[42man]

Firstly, it is up to her whether or not she wants to stop paying, the ethics are up to you, of course she is quite within her rights to stop paying.

 

As for the default removal I know there are several threads around with regard to this, have a good search around, but this one (and several of the contributors to the thread are attempting the removal of defaults)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

 

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

[poochball]

If a default was registered by Abbey for the exact same account, and then 1st Credit Registed a default, the 1st Credit default should be the same date as the Abbey Default and only one should exist. I can't see why they can change the date on the default as all that should be happening is them taking resposibility for the data.

 

Do you still have any of the paper work?

[sismile]

Another letter from 1st Credit today, 8 weeks after requesting the CCA. It says they have asked Abbey for the CCA and this will take another 6 to 8 weeks. They have already had 8 weeks and now they want another 8 weeks?

 

I think it's a safe bet they haven't got the CCA.

 

I don't have any of the old paperwork from Abbey, and Abbey haven't got any records either.

[bladeboy]

Doesn't look they'll have it. They may, at some point though, go down the intimidation route and ingnore all references to the agreement and just lodge papers for court or even stat demand with a view to bullying you into paying. Other more experienced on here will be better placed to advise you as, if and when that happens.

[sismile]

3 months have passed since we requested a CCA from 1st credit for an old Abbey credit card debt.

 

To date 1st Credit have sent two letters, The first saying it would take 6 weeks, then after 6 weeks another saying it would take another 6 weeks.

 

The main issue we have is 1st Credit registered a default on the account, which was already subject to a default from Abbey which predated the 1st Credit default by a couple of years.

 

We wrote to Experian to dispute the default (having got nowhere asking 1st Credit to provide us with details of the default). Experian have written back saying 1st credit have informed them the details are correct.

 

It is my understanding that you can't have two defaults on one account. Unfortunately we no longer have anything from Abbey about the default (which would have been about 7 or 8 years ago), Abbey tell us they have nothing on their files about the account.

 

Is there any way we can get the default removed? 1st Credit seem unable to provide us with the CCA for the account, or any details of the default.

[PGH7447]

bump