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

[overdone]

i am sure they have broken some type of rule or regulation.

Are their any educated guesses at which? I would love to read them the riot act.

[The GodMother]

well i am sure it against the law to ask u to open somebody elses mail read it and then tell them they dont live there

[overdone]

well i am sure it against the law to ask u to open somebody elses mail read it and then tell them they dont live there

Now I ask you! Would a fit and proper person, from a licence bearing agency, such as a DCA break the law?:-oThe very idea!!

[overdone]

The application form is illegible.

 

Image of mackhallapplication2 - Photobucket - Video and Image Hosting

 

I have had no deed of assignment but who would that have to come from, RBS or 1st Credit or Connaughts or........

What sort of letter should I write to Mckensie Hall in response. These were sent recorded delivery by Mackensie Hall.

Just checked and Post 308 is the last letter I sent Machall but you might as well spit in the wind. I bet 'cause it's christmas and DCA's don't have many friends they try and get money in from somewhere. I'll try this one.

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

[The GodMother]

Now I ask you! Would a fit and proper person, from a licence bearing agency, such as a DCA break the law?:-oThe very idea!!

 

 

Well i would not like to comment but read what they have put. LOL

[overdone]

I just checked the Mackhall/1st Credit file again and it seems that 3 times I have made pretty much the same point to Mackhall about unenforceability. Why waste paper anymore? Also, the reference number Machall quote this time bears no resemblance to the 1st credit one they have quoted. Possibly, Mackhall have been passed another dud account from another DCA/Bank that has lost it's will to function further, 'cause I keep insisting they do so to the letter of the law.

[overdone]

I have settled for this letter to Mackhall. I hope I have managed to write. Go and eat s**t and die, without actually saying it!

 

28 November 2009

 

Mackenzie Hall

Unit1a

58 Portland Street

Kilmarnock

Ayshire

KA1 1JG

 

Dear Sirs,

 

Account Number/Ref M********** Client reference CAM/********

 

I received a rather strange letter from your organisation requesting to the effect that if I had opened someone else’s correspondence by mistake and had knowledge of their whereabouts would I contact you with their current address.

 

Were that the case, within my standards of decency, I would be gracious enough to pass their correspondence on to them with an apology for having opened it in error.

 

I do not see that it is the responsibility of a private citizen to contact any organisation and inform them any person’s whereabouts. Indeed, I understand that, “Fit and Proper Persons,” of licence bearing agencies go the orthodox route of tracing individuals via credit reference agencies who fulfil this role.

 

Perhaps you do not have the confidence that you meet with the above criteria.

 

Yours sincerely

 

The Occupier

[The GodMother]

lol better worded than go eat poo and die.

[babybear39]

MH have been having an unusually and large delivery of horse sh*t regularly Allegedly

[overdone]

Have finally head from Mackhall again. This time I was able to identify the account they are chasing and it is not 1st credit. It is this one.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162153-littlewoods-bryan-carter-pheonix-2.html#post2659369

Edited December 22, 2009 by overdone
spelling bad

[overdone]

Well........They will probably refer it back to 1st Credit and then there is no telling. Another 15 pages of thread....sigh!

 

1St Credit

 

17 March 2010

 

Your agreement with HBOS

 

Pay within the next 7 days to guarantee maximum discount availability.

 

In times of economic hardship we wish to help you in clearing your debt.

 

We are currently in a position to allow generous discounts to many of our customers. We will not be able to make this offer indefinately.

 

With this in mind we are pleased to offer you the opportunity to settle your debt by way of full and final settlement with a discount of up to 30%.

 

Payment within 7 days will ensure maximum discount available, as shown below.

 

To take full advantage of this generous offer call us now on 0843 xxx xxx your reference is xxxxxxx

 

Yours faithfully,

 

On behalf of first credit.

[overdone]

1St Credit

 

29 March 2010

 

Your agreement with HBOS

 

We have written to you on numerous occasions with regards to your HBOS account. However the debt still remains unpaid. If we cannot agree repayment terms then we will be left with no option but to consider legal action against you. We would of course prefer to resolve this matter by reaching a mutually agreeable repayment agreement.

 

"Please act now to avoid an agent attending your property" (He already came, POST 246. P.13)

 

As a gesture of good will - we invite you to make us an offer of repayment below on our standing order mandate form. We require that the payment plan is made monthly and we will accept your offer provided we receive all the monthly payments. Please fill in the below standing order form, sign and send back with the prepaid envelope provided.

Edited April 1, 2010 by overdone
additinal typing

[PGH7447]

so the threats have started again:(

 

dont these clowns ever know when they are beaten, I am in dispute with 2 alledged debts with these fools, that are now in the hands of their pet solictior, yawn

[overdone]

D H S. Debt Help Services.

P.O. Box 278

Reigate

RH2 7WB

 

14/04/2010

 

Debt Help Services - A specialist collections unit of 1st Credit LTD

 

Mr Overdone we are aware that you have never responded to any of First Credit's letters in relation to the above overdue account or we have not heard from you for a while. (Well the latter is true if you wanna bother to check the files)

 

The case has now been passed over to us and we wish to take this opportunity to engage in communication with you in relation to understanding your wishes for repayment of the debt.

 

(I thought I had made my wishes clear by setting aside the Stat Demand)

 

Debt Help Services are here to be sympathetic to your situation and only wish to create a relationship where we can agree repayments of the debt under your terms. (Grovel Grovel)

 

Please contact us on xxx xxx xxx .......If you are not in a position to call then please follow the instructions on the back of the letter or fill in the form bellow and we will contact you where necessary.

 

Alternatively you could consider contacting Payplan or cccs who will assist you with your finances for free and contact us for you.

 

Head of Collections

Gavin Flynn

[overdone]

20/04/2010

 

1st Credit

P O Box 278

Reigate

RH2 7WB

 

Dear Sir/Madam

 

"Act now to maximise your discounted settlement amount."

 

Pay within 7 days, you pay 70% we pay 30%

 

Pay within 8 to 30 days you pay 80% we pay 20%.

 

Pay within 30 Days You pay 90% we pay 10%

 

If you wish to take us up on this offer then please call on xxx xxx xxx or follow the instructions on the back of this letter.

 

Gavin Flynn

Head of Collections.

[cymruambyth]

I hope you are rushing to take advantage of those wonderful offers, but you had better be quick time is running out...................................

Didn't you have those offers last year? Will it be the tv and games console next or will it be a letter from Connaught Collections?

To think that this wonderful company left me so scared that I found CAG and now I feel upset when they ignore me:lol::lol:

[overdone]

next or will it be a letter from Connaught Collections?

To think that this wonderful company left me so scared that I found CAG and now I feel upset when they ignore me:lol::lol:

Well they ignore me and Essex Trading Standards.

 

Letter two, to Connaughts.

 

Dated 07/08/2008

 

Connaught Collections UK Ltd

Purley Way

Croydon

 

Dear Sirs,

 

Re. Overdone. Your Ref xxxxxxxx

 

This service is in receipt of a complaint raised by Overdone regarding demands for payments in respect of a debt he does not owe. He requested a copy of the agreement in question and to date has not received it. Please be advised that as the complainant denies knowledge of this debt, and 1st credit have been unable to provide evidence to the contrary, this debt is now in dispute and as such, I would request that you halt action until the facts have been established.

 

Please be advised that The Office of Fair Trading's code of conduct in respect of debt collection stipulates that debt collectors should not continue to make demands for payment where a debt is in dispute. In addition, I note that the text of your letter implies an admission by the complainant as to his liability, despite no admission having taken place.

 

I would thus be grateful if you could acknowledge this letter as a formal notification that this debt is in dispute and all action should cease until the matter has been clarified. Failure to do so could lead to your conduct being reported to the OFT and your fitness to hold a consumer credit licence would come into question.

 

yours sincerely,

 

Ms, xxxxxxxxxxx

Overdone Local Trading Standards

[babybear39]

I feel a bit like that too Cymru

 

Nice to see 1st crud are doing their bit in these hard times to ensure some people have jobs

[citizenB]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/257619-turning-tables-dca-bullies.html

 

Have a look at the thread above:D

[overdone]

I have scores of letters since from 1st cred but now both defaults have fallen off my credit files because of six years expiring since their default. What does this mean for me?

[The GodMother]

well to me its obvious its beyond 6 years and if you have not paid anything to anyone for this debt in the past 6 years then you can advise them to go urinate in the wind as they will be getting no money from you for a debt that dont exist.

[overdone]

I stopped paying them £4 a month in a debt management plan about 3 years ago. They supplied me with no valid cca or info that they bought the account. They defaulted me as soon as it was purchased over 6 years ago.

[citizenB]

Well they shouldnt be able to add any more default markers to your credit reference files as I understand it.

[overdone]

12/09/2011

 

!st Credit.

 

Overdone

Somewhere Street

Middle-of-nowhere

Prabablylostshire

 

Dear Sir/Madam

 

1st credit is attempting to contact the above named regarding a personal matter.

 

Your address has been supplied as a possible address for our subject.

 

 

If you are OVERDONE

 

Please contact our offices immediately on telephone number 0843 320 0000 and quote the above reference number at which time further information can be provided.

 

If you are not OVERDONE

 

If you are not the individual we are attempting to contact to contact or have information that may assist please call us at your earliest convenience in order that we may correct our records.

 

If no responce is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevant correspondence is sent to you.

 

Yours faithfully

Gavin Flynn

Up and coming nobody.

Edited September 15, 2011 by overdone
Spelling

[Happyhippy1959]

Blooming heck Overdone, they like you do they not.... I think whissing in the wind comes to mind or have you won the lottery,,, fools and baboons ( sorry to any baboons reading this )