harassment from 1st Credit

[gizzymoon]

Hi

I have started getting letters from 1st Credit again saying that I am in arrears on my repayment plan and now I am getting letters from Connaught collections as well threatning me with court action again I am still awaiting a copy of the CCA that I had asked for on 30th June 2008. They have worded there latest letter that I have admitted liability??? yet I have not..

[42man]

You could send them this (courtesy of Scarlet Pimpernel)

 

Dear Sirs

 

I refer to your letter dated (date). Your client is in default of a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. Your demand for payment is therefore unlawful.

 

I am charging you £20 for me having to write and send this letter to you.

 

In the circumstances, no further correspondence will be entered into. If you do not understand this letter, you should seek professional advice.

 

Yours etc.

[42man]

Or this one...

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you