1st Credit vs. Captain Spaulding

[Captain Spaulding]

In September 2007 I received a letter from 1st Credit with an alleged debt from Bank of Scotland Credit Card. I replied saying I do not acknowledge any debt and asked them to provide:

 

1. Please supply a true copy of the alleged agreement you refer to under the creditors obligation to supply a copy of the agreement in line with legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit)

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

Today, I received a faxed copy in the post of the application form from 1997 which was signed.

 

Two questions:

 

 

• How do I stand on the limitation act (statute barred), I cannot recall paying anything on this or acknowledging it in the last 6 years
  
• Is a copy of the application form good enough (does not contain any payments/repayments info, interest rates or credit limits)
  

 

Many thanks

Edited June 10, 2008 by Captain Spaulding

[Michael Browne]

How do I stand on the limitation act (statute barred), I cannot recall paying anything on this or acknowledging it in the last 6 years

In that case, it is statute barred. send them this letter:

Creditors and DCAs - Consumer Wiki

[Captain Spaulding]

What are your thoughts on them sending the application form and NOT the agreement showing interest, repayments and credit limit?

 

Would you go for send the statute barred letter or re-request a true copy of the CCA?

Edited June 10, 2008 by Captain Spaulding

[Pinky69]

I'd go for the Statute Barred letter - they cannot do anything legally about this although that might not stop them pursuing you, which you can ignore.

[Captain Spaulding]

Thanks for the reply, I will send that letter to them. In effect, they have stole my £1 as it was not used to obtain a true copy of the credit agreement and the application form in my eyes proves nothing?

[Michael Browne]

If it's statute barred, it doesn't matter whether they hold an executed agreement or not, they can't enforce the debt

 

In effect, they have stole my £1 as it was not used to obtain a true copy of the credit agreement

Ask for the pound back

[Captain Spaulding]

Thanks for that, I will send the letter and see what happens...

[Captain Spaulding]

Just noticed your comment about the £1, should have done that!!! I also added into the letter a comment on them sending an application form rather than a credit agreement as per my request last September but did not expand - keep the focus on the limitation act

 

Will update as soon as I hear from them

[ODC]

I would let them keep the quid. Its your proof that you CCAed them just in case your alleged debt isnt Statute Barred;)

[Captain Spaulding]

Good call, thanks for that.

 

Can you confirm something here.... Out of interest, them sending a copy of the application form stands no ground in court right? The application form means that an application was filled in but does not show anything to do with acceptance of credit i.e. they should have sent a copy of credit agreement with credit limit, interest rates, repayment terms etc... (which the application form clearly does not show)

[babybear39]

Subscribing...

[Captain Spaulding]

Hi bb39, good to have you subscribed!

[babybear39]

Hi CS 1st credit are my favourite DCA and I like to keep an eye on them

[Captain Spaulding]

Awesome, can you help with my question on why they sent a copy of an application form rather than a signed agreement?

 

Thanks

[42man]

Because that is all they have !!....you don't want to get involved in a court battle over the Consumer Credit Agreement / Application....your debt is statute barred, this is a far better defence....

[babybear39]

Allegedly they cannot tell the difference between an application and a CCA

[Captain Spaulding]

Thanks for the replies, was guessing that's the case and was looking for confirmation so I can have this in my back pocket!

 

Thanks loads for the help

[ODC]

An application form can be an agreement if it contains ALL the prescribed terms and is signed by both parties. Obviously yours has none of the prescribed terms and is therefore useless if worst credit were going to rely on it in court. As the debt is Statute Barred then the aspect of court doesnt enter into the equation. If they continue to press for payment on a Stat Barred Debt then report them to TS and the OFT as well as making a formal complaint to them and your MP

[Captain Spaulding]

Great, thanks for the heads up. Will do what you suggested if they continue to contact me. What is the likelyhood of getting it in writing from them confirming that they will not chase?

 

Thanks for your continued help!

[babybear39]

They tend to play ball when TS get involved

[Captain Spaulding]

They tend to play ball when TS get involved

 

Excellent news! Letter sent recorded delivery, will print off royal mail proof of delivery when it happens and sit back n await the response!

 

Will update as soon as I hear

[Captain Spaulding]

Advice Needed Please

 

On the 11th June I sent the standard statute barred letter recorded to 1st Credit for a 1997 alleged debt. Today I received a letter from them headed as LEGAL PROCEEDINGS. The letter states that the above sum remains outstanding and they are now going to take legal proceedings against me, it then goes on to state about legal charges, I will get a CCJ etc...

 

Checked Royal Mail and they have not updated the tracking so for all intents and purposes, it says its still undelivered (although it says that for other of which I have had a response from the DCA)

 

I have 2 questions....

 

IS this a good opportunity to state that I have completed my reasonable expectation and any further correspondence I have to make based on the DCA operating outside of guidelines (chasing a debt that is statute barred) will incur a invoice billing charges of £12 per letter

 

Can anyone advise on what to write back to 1st Crudet please?

Edited June 25, 2008 by Captain Spaulding

[Captain Spaulding]

Spoke to Royal Mail, they think the letter has been held up (or lost) so will give 1st Credit the benefit of the doubt.

 

I'm looking to send this letter, can someone take a read and pass comment please....

 

Thank you for your recent correspondence, the contents of which are noted.

 

I will refer 1st Credit to my previous letter dated and sent recorded delivery on 11th June 2008 of which I have attached a copy of so there can be no confusion as the state of this alleged debt.

 

I must point out that I do not acknowledge any ownership of this debt and the debt in question is statute barred under the Limitation Act 1980 Section 5.

 

Unless 1st Credit can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that 1st Credit is no longer able to take any court action against me to recover the alleged amount claimed.

 

As members of the CSA, 1st Credit will be fully aware of OFT Debt Collection Guidance for statue barred debts of which you are expected to comply.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account.

[ODC]

Make a formal complaint to Worst Credit, Trading Standards and your MP. You may also wish to make a formal complaint under the new Unfair Trading Regulations 2008 to the OFT

[Captain Spaulding]

Hi ODC...

 

Thanks for the pointers, well valued. Problem is that there is a hole in my defence - ROYAL MAIL!!! If I receive another letter after they have confirmed receipt then I'll muller em

 

Does the letter look ok?

 

Thanks