1st Credit and HSBC Debt not mine.. Stat Demand.

[The GodMother]

ok what every how long does the CCA rules state they have to get the request 12 working days they dont know much then.

[overdone]

ok what every how long does the CCA rules state they have to get the request 12 working days they dont know much then.

Does this mean I can get all record of the alleged debt removed from my credit files. There are two debts actually. Do I write to the OC's or 1st cred? Also, what letter do I send?

[The GodMother]

No u have to wait still.

 

U can contact in writing all the CRAs and have a notice of dispute put on the file but that is all.

[overdone]

Can I write to 1st credit reminding them that they have not complied? Or do I wait indefinitely or reinvolve TS?

[The GodMother]

Just wait then when they write asking for money BLAm hit them with the TS and a\ formal complaint letter.

[overdone]

As to the defaults, the argument is that I cannot have defaulted under a non-existent agreement! Especially in relation to the DCA, I have NEVER had a contract with them under which I could have defaulted. Their only basis for a contract with me is as assignee under a credit agreement - but what agreement would that be?!

[The GodMother]

if there is no cca 1st credit can not provethe oc had permission to pass ur info to third parties, DCA=3rd parties, or that u agreed to make repayments under the agreement number they quoted.

[overdone]

if there is no cca 1st credit can not provethe oc had permission to pass ur info to third parties, DCA=3rd parties, or that u agreed to make repayments under the agreement number they quoted.

Can I stop 1st Credit processing my info then and get them to delete any defaults etc they may have put on my files?

[babybear39]

Send them an S.10 notice:

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

[overdone]

Thank you BB. Just what I needed. I think it is best to send it to 1st cred and Connaughts as well. I know Connaughts sent me a default notice before the Stat Demand.

[The GodMother]

u need to give them 21 days not 7

its either law or an ico rule. if u want to know more u need to ask pt2537 as he will know if its law

[overdone]

Is this the same thing then?

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

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

[The GodMother]

No that is a cca not recieved/unsuitable reply to CCa request letter.

[overdone]

No that is a cca not recieved/unsuitable reply to CCa request letter.

 

My CCA has not been received. It was months ago I asked for it. What letter do I send to stop them processing my data without proof of their entitlement to do so. I have no notice of assignment either.

[ODC]

You can send them this but they will ignore it

 

Dear Cretins,

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

[overdone]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149509-3-accounts-cabot-3.html

 

The devil is in the detail as usual. Now, if I understand correctly, the template letter I suggest above (post 241) is more appropriate for Cabot who have sent inadequate documentation.

O.D.C suggests that despite my proactive T.S, 1st Cred may still not take any notice, if I send the individually tailored one. If I send recorded delivery and obtain evidence of 1st creds failure to respond, via credit reference agncy checks, then I can inform my local TS again who already appear to hate Connaughts and 1st Credit, with no holds barred.

Edited October 7, 2008 by overdone

[overdone]

Simply because I have not got around to it, I have not sent the suggested letter yet, but typical 1st Credit, just when you thought it was safe to go back in the water.........At 4.30 my door buzzer went. I was expecting someone so I went straight out. It was not them but a pensioner who works for 1st credit. He wanted payment for the BOS account of £4000.00 He had prepared for the event that I would not be in and a postcard was handed to me with his name and phone number. I said I was keeping it for evidence, that the account was in dispute and that Trading Standards were dealing with it. I said it was unlawful to try to collect on a seriously disputed debt and I took it he would not be on my door step again. He said he would try not to be and would make a note in case in six months time he was asked to collect, because it was a waste of his petrol, he does not get paid unless he collects.

Edited September 29, 2009 by overdone
typo

[mr.ton]

It was not them but a pensioner who works for 1st credit. He wanted payment for the BOS account of £4000.00 He had prepared for the event that I would not be in and a postcard was handed to me with his name and phone number. I said I was keeping it for evidence, that the account was in dispute and that Trading Standards were dealing with it. I said it was illegal to try to collect on a seriously disputed debt and I took it he would not be on my door step again. He said he would try not to be and would make a note in case in six months time he was asked to collect, because it was a waste of his petrol, he does not get paid unless he collects.

 

For the 1st time..you've actually made me feel some sympathy for a DCA/field agent now

[42man]

A pensioner working for 1st Credit....how kind of them to offer him a job albeit on a commission only basis, you'd think they might pay his travel expenses....

[banker_rhymes_with]

If you think about it, the poor old bloke is just another person being exploited by a pond life DCA.

 

Once he's spent his Pension money on Fuel, and works out that the Commission was actually very hard to come by, he'll give up, probably with less of his Pension money than when he started...and with little or no Commission to show for it!

 

He'll leave, and then the DCA will find another Pensioner to fool into thinking it's a nice way to get some extra pocket money.

 

Next we'll have Mentally Disabled people coming round to collect, having been fooled by a DCA into thinking it's a nice job and they'll get to meet lots of nice happy people who will be delighted to see them.

 

This is just a DCA exploiting people. They'll know it'll cost them less to send around a gullible Pensioner than to send a We're Coming to Visit You Postcard via 2nd Class Post!

 

The Pensioner costs them nothing.

 

Cheers,

BRW

[overdone]

What about?

 

10 October 2008

 

Overdone Trading Standards,

 

Essex

 

Dear Sirs,

 

1st Credit – Your Ref: xxxxxx

 

Further to your letter of 13 August 2008. I can confirm that to date no CCA has been submitted to myself from 1st Credit.

 

In spite of the unlawful nature of the act, Mr A Pensioner, a local representative of 1st Credit called today in person to obtain money for this disputed debt. I said I would keep the post card and details as evidence. (Copy) enclosed.

 

I trust that this will help you further to assess an appropriate course of action.

 

Yours faithfully,

 

Overdone

[blipvert]

A pensioner working for 1st Credit....how kind of them to offer him a job albeit on a commission only basis, you'd think they might pay his travel expenses....

 

oh for christ sake, I have been reading many threads on this site tonight that made me feel quite jolly, I read that and my blood ran cold.

[overdone]

Oh er......Essex Trading Standards mean business. I had a quick reply today from no less than, The Head of Trading Standards.

 

"I have taken this matter up with 1st Credit and I will update you as soon as I get a response."

 

I wonder how 1st credit will dodge this one?

[42man]

Very well done OD.....keep us posted on this......

[Duffers Mum]

Overdone - is Essex TS 1st Cretins local TS or yours?? I have recently sent an official complaint to 1st Cretins as they sent me a stat demand when there is no CCA, they have now decided they don't want to attend court next week and so are asking me to withdraw my costs etc and carry on paying them (even though I don't pay them and never have). Once they dont respond on time to my complaint I intend reporting them to TS, OFT, FOS etc, and think it will probably be better to report them to their local TS rather than mine (who are absolutely useless anyway).