Panic!!!

[willtheywontthey]

Had a letter today off 1st Credit (!!)

 

 

They say their client has advised them to take action and to take appropriate action to recover the debt. That is £4000!

 

It's a very long story that starts with me asking for bank charges back (credit card):

 

They eventually say ok and give me charges back but they do not account for it in monthly repayment. I write and complaint. they stall. they reply and say hard luck. I write back etc. So now I am one or two months behind with payments.

 

They send a letter stating some of the consequences if I do not resume payments on the account and I may be served with default notice. I complain about heavy handedness of letter and again state my concerns regarding their accounting procedures regarding the repayment of the goodwill gesture. I send goodwill payment to them (March).

 

They write back end March saying it is their intention to file a notice saying I have defaulted unless I pay 50% of minimum payment (strange letter had without prejudice on it). I reply after few days stating my concern at their heavy handedness again and my account is in dispute. I also send letter asking for refund of (more) bank charges £80. Same day I ask for CCA. 3 days later I get thanks for complaint...very valuable etc.. procedure etc.. Same day in separate envelope is alleged Default Notice - if action taken before date no further enforcement action taken... need to pay x amount by x date.

 

I pay online and in time.

 

I receive CCA 'application'. I write 2 letters. Letter 1 states it isn't an agreement and I write another letter basically summing up yet again all my complaints and note dates of letters when they have not replied etc. (end April)

 

I receive statement saying pay up immediately and rest by 22 May. (200 pounds in total)

 

I get another sorry about your complaint letter.

 

I write to them for full DPA SAR.

 

I receive reply dated 19 May stating they want my signature if I want 6 yrs worth of statements (I wanted everything as my SAR letter stated.. audio etc etc!)

 

Today I receive letter from 1st Credit.

 

Need concrete legal advise fast please!!

[willtheywontthey]

Please bear in mind I have never ever had a letter form a DCA before and as far as I know I have not defaulted as these letters always paid in time what they asked.

 

My mortgage is due for renewing next year and I am now sooo worried about what all this means.

 

I really regret asking for cca and going into all that now to be honest as it seems to have stirred them completely into acting harshly because of it.

 

HELP - having a very horrible start to the day.

[willtheywontthey]

Got my very first phone call from 1st Credit just now!!

 

Any advice / hints regarding these lot and what to do really appreciated. Anybody???

[lickthewallfatboy]

if they haven't sent you a proper CCA,let them start the process of taking you to court.

 

Then hit them with a CPR 18 requesting all documentation they are relying on.

 

There are a couple of guys here who are top notch with these

 

take a chill pill and relax!!

[willtheywontthey]

Oh - don;t even mention the C word to me.. I just could not even face thinking of that.

 

Is there some other way????? Don;t they have to accept minimum payment? Does this mean my account is in default? How come I wasn;t told by HFC? They have just sent me form to sign for SAR... 4 days later this arrives from 1st Credit!

 

What are 1st Credit like - they have started phoning already!

 

Have I any rights here at all?????? I am feeling ill to the stomach here... and the site keeps crashing...

[willtheywontthey]

and my other half is starting to get really suspicious of what is going on..........

[lickthewallfatboy]

that's exactly how they want you to feel

 

1st credit are just like all the rest-bullies.The more people who roll over and give up,the more they'll try to bully others.

[42man]

Don't send them your signature....

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to receiving the documentation requested

 

Regards

[willtheywontthey]

thanks.

 

The reason I'm panicking loads (!) is that this is first ever letter from a DCA and I'm annoyed also. Annoyed that HFC/Marbles have had a letter from me regarding penalty charges and they are 'investigating' so that's not even finalised regarding complaints procedure. Are HFC allowed to 'sell on' debt without notifying me? Are HFC allowed to do this even though I asked for SAR ref DPA and they sent me a form to sign (wanted my signature to identify myself) only 4 days before I got the letter from 1st Credit.

 

Can anybody tell me anything about 1st credit and their 'philosophy' - experiences with? From my searches they sound as if they go for the jugular - ie the house! they seem to want 'all' the amount outstanding and don't want minimum repayment???!

[42man]

If you feel the CCA isn't legally enforceable then you could take them to court....like this person did...

 

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

 

Otherwise you may have to wait until they attempt to take you to court...or go and have a word with your local MP...

 

They don't have to accept your minimum payment, if they feel you are lying or they think you can afford more they will attempt to get a CCJ on you....

[bladeboy]

Under no circumstances should you provide them with a signature. Wouldn't put it past them to try and 'create' a valid CCA, since it seems like they haven't got one.

 

Write to the effect that they've been happy corresponding with you so far, on sensitive matters, and they haven't asked for a signature yet. There is a template letter on this site somewhere.

 

Stick to your guns!!!!

 

If they provide a valid CCA then fair enough, come to a payment arrangement.

 

If they send you anything that they claim is a valid CCA, scan it and get it up on here for advice, pronto. You can get a scanner from Tescos for £35, if you haven't already got one.

 

They are bullies and to them it's just business, they don't give a sh*t and will ride a coach and horses through the regs/guidlines as and when it suits them.

 

Forget about all the moralistic stuff about paying back what you owe and all that. They loan out unsecured funds with very high interest rates as a speculative business venture. Even given the 'crunch, they are still raking in billions!

[willtheywontthey]

42 man - thank very much! I thought I had read something along those lines.

 

My problem now is they seem to have farmed off the debt to 1st credit without giving me time to reply with 'signature' nor have they (obviously) sent me my details as a result of SAR (I sent the ask for 'everything' sar letter)... do I still send letter to HFC? I find it very dubious they could pass on the debt to another company when I was in process of 'complaining' about penalty charges and them having sent SAR.

 

Lots of retaliation each time I ask for something it seems.

[willtheywontthey]

Argh!!!!

 

I am only back 15 mins ago from sending them a 'signed' letter asking for CCA!!!

 

How come they can ask for whole amount and no minimum amounts?!! :o This is frightening. They will know I have a mortgage and so will go guns a blazing for me now???

[willtheywontthey]

Now my panic is egtting worse if that's possible.. have read even more about 1st Credit on here and they seem to issue a court order thing wihtout any delay at all.

 

Where do I stand regarding making sure this does not happen. My nerves could not stand it. They don;t seem to keep to this legal 12+2 day rule and blatantly ignore it. Is there no legal timeframe before they send me any more nasty letters? Can I question their right to have this account with HFC still???!

 

Please bear in mind I could not go to court. No time. Embarassing etc phobia . no way. m other half would find out etc!! help!

[Alphageek]

Calm down. If they cannot produce a valid CCA then they would be foolhardy in the extreme to step inside a court room with you.

 

All you'd need to do is file a defence and they would give up.

 

The ONLY way they can win without a valid agreement is by default i.e., you don't defend.

[willtheywontthey]

from what I've read these 1st credit people are foolhardy and nasty!! I have read they ignore cca requests, invalid ones and they do some claim on your property or something!!!

 

Trust me I'm panicking and been on edge all day today.

 

I would still like to know if I can get 'back' to hFC.. have they missed something 'they' should have done?

 

Are they allowed to pass a debt over / sell it or whatever IF I am in middle of communicating / following their complaints procedure???

 

Can HFC 'get' the account back from 1st credit???

[Alphageek]

Did you get a notice of assignment?

[willtheywontthey]

what is one of them???

[Alphageek]

If HFC sell the debt to a DCA (like 1st Credit) they have send you a Notice of Assignment letter telling you what they have done.

 

If the "debt" has not been assigned correctly, 1st Credit would not be even able to put their name on a claim form.

[willtheywontthey]

Not had one. Never heard of one and never seen one!

 

Has anybody a link to what it should include / looks like? How much notice? Will they try and lie to me saying it was sent???

 

Should 1st Credit not have mentioned this in their first letter??

 

As this has not been done what am I able to do / quote laws etc in my quest for Marbles to take it back and apologise etc? Also ditto for 1st credit!?

 

THANK YOU! I am seeing hope at end of road...

 

 

xxx

[willtheywontthey]

anybody? Need sleep - been watching thsi screen all day

[ukaviator]

If the DCA is the company that is suing, then they must fulfil certain criteria to be able to collect the debt.

 

They must have sent you a notice of assignment, and they must have a Document (or deed) of assignment. A notice of assignment must be served upon you in order for a DCA to have a claim to the debt. This Notice of assignment must be absolute, that is that they must have all the rights and duties of the contract, in order to sue in their own right.

 

If the notice of assignment is not absolute, you have every right to object if any case that does not include both the original creditor, and the DCA.

 

Also, if the notice of assignment is not correct, that is it includes unlawful charges or incorrect data, it spells your name, account number, address, or any other detail incorrectly, it is likely to be invalid.

 

If a DCA were to fail to provide such a document, there would be no case to answer since they would have no clear right to the debt. These are technical points, but they are vital points –

 

No Notice of Assignment = Case Struck Out.

[willtheywontthey]

Thank you! xx

 

Can they send one 'after' the event??? Does it have to be recorded?

 

All I got was a letter as detailed in top bit page 1....

 

Is there a standard letter for me to use to reply quoting some clever laws? Do I send complaint to dca or hfc/marbles or both??? can they just start all over again?

 

I have claimed 70 odd pounds in penalty charges - still outstanding - no final response but about 4 weeks now. they were investigating. I ahev also asked for SAR and awaiting that (well they actually awaiting my signature!)

[pt2537]

Service of a notice of Assignment is covered by section 196 Law of Property Act 1925, it must be sent via registered mail, ie they must have proof of posting but not proof of delivery

 

they could send you notice after the event but it would need to be correct and the assignment doesnt become effective til its served per section 136 Law of Property Act 1925

 

 

there is case law on invalid assignments, i will dig some out when i get a chance

[ukaviator]

Ok a few things you should do when dealing with a DCA.

 

NEVER talk to them on the phone as they will say anything to secure payment. Keep EVERYTHING in writing as this will supply a paper trail should the need arise.

 

Admit NOTHING. DCA's are commission based "agents" and are looking for any admissions that they can use as leverage. It is the DCA's job to prove the debt is owed and valid, not yours to do their job for them.

 

Stay calm. If there is a debt to pay, let it be on your terms.

 

Always deal with DCA's in a professional manner. Don't rant and rave and make threats. Remind them that everything is now to be done in writing.

 

With regards to the signature, ask them to send the paperwork you have requested to your branch, where you will collect your paperwork from the staff there, and will provide ID.

 

Do not sign anything at this stage.

 

Are you sure this is a Notice of Assignment and not a Statutory Demand?