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    • Yes the next step I think is a letter of claim. If you are not familiar with them already then please read up on this forum the steps involve taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you will be confident. Draft a particulars of claim and post it here. Keep it short and sweet
    • Last one for the night, do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales?  I found the second one on the Gov.uk company search engine. Thanks PM
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
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harassment from 1st Credit


gizzymoon
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No they know the rules, just sit and wait, after another 30 days you can report them for failing to comply to your lawful request

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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You just wait for them to go over the further calendar month and then report them to Trading Standards and the OFT if they ask for payment without supplying your CCA.

Edited by babybear39
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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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1st credit are a shower of *****....

 

As above, carry on waiting until the additional 30days are up then PLEASE report them!!

 

If you are making payment, you can legally stop them now

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Its better not to report them until they send out more begging letters

 

Of course, thanks ODC....

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Fools doesn't even scratch the surfice :p

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 2 weeks later...

Hi,

 

I requested a copy of my credit agreement from 1st credit too, after they continually harassed me, on the 15th July I received a reply from them saying that they have sent the information to their client (in this instance - First Direct), but as of now I have received no Credit Agreement, it has now reached the 40 days, what do I have to do now? Also odd question I know, I paid the statutory £1 charge for a copy of the credit agreement (which I have not received), can I get this money back from first credit? I know it is only a quid, but as they haven't provided what I have legally requested is there any way I can get them to pay this back as I really don't want to be giving those tw*ts any money whatsoever, especially when they have done nothing except speak to me like cr*p and threatened me.

 

Thanks

 

CM

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Hi Cass Machine and welcome to CAG.

 

It's best to start your own thread so replies don't get muddled.

 

Whilst 1st crud are in default of your CCA request if they contact you requesting payment, report them to Trading Standards and the OFT for breaching OFT guidlines, the Unfair Commercial Practices Directive and the Consumer Protection from Unfair Trading Regulations 2008.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Report them straight away to the authorites I mentioned. Here are their contact details:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

The Office of Fair Trading: making markets work well for consumers

 

When you report them to Trading Standards make sure you do so to your own local department and 1st crud's. The OFT don't take individual complaints but they do gather information regarding breaches of their rules.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 4 weeks later...

Hi

It has now been 50 Days since my request for the CCA from first credit I have not rtecived anything from them

This morning I have recived a letter from Connaught Collections telling me that they have been instructed by 1st Credit to recover the debt

 

Letter states

It is now our intention to issue a statutory Demand under the insolvency act 1986 (Bankruptcy) as we are unaware of any valid reason for non payment

 

Plaese contact us to arrange a mutually covenient time and date for service.

 

Should you fail to contact us within seven days then a statutory Demand will be issued without warning.

 

What do I do now

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Send connaught this courtesy of CB:

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

 

Amend to suit, do not sign, print your name, send recorded keeping a copy with your postal receipt.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thanks Babybear I have just copied the letter out now and will post it on to them recorded today.

It seems to me that when these guys are on the run they pass the account over to other companies

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Sadly I cannot give my full opinions about these cretins on here or I'll get cagbotted and banned :eek:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Make sure to report them to TS and the OFT for breaching OFT guidlines, the UCPD and the CPUTR 2008.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I have the paperwork here from the OFT now and will file my complaint to them also to the trading standards office. To be honest I have had enough of these people now and want to fight back

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Just remember you have thousands of us here backing you all the way :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 2 weeks later...

Just to update you. I had a reply from Conn that they did not have the the information that I requested at there office and have nowsent a copy of my letter to 1st C who will then send me a copy of the CCA.

I have been waiting for 1st C to do this since the 30th June .

I have also filed my complaint to the OFT and will be also sending a copy to the Trading Standards office.

I have also sent a letter to my local MP

 

 

Gizzymoon

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You've been busy then :)

 

Good luck...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi

Now things are getting even more confusing.

I have just recived another letter from Conaught telling me that due to a recent audit of files I maybe have been sending my payments to another agency (1st C) they now want me to make all payments to them and have enclosed a standing order for me to complete.

And still I have no copy of any CCA from any of them.???

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You are quite within your rights to stop paying them, they are now in default of your request for your CCA....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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As 42man says, they know they're in default so you don't have to continue payments, and are not allowed to persue payment for an account in serious dispute.

 

They're breaching UCPD, CPUTR 2008 and OFT guidlines by sending you that last letter.

 

Report them to Trading Standards (yours and thiers) and the OFT.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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