1st Credit/LCS RE LLoyds loan scotland

[mr.ton]

Sorry, that's my fault. I typed the wrong number.

 

Here's the letter.

 

 

 

 

How is anyone supposed to know what name that signature is?

[jn0u5017]

Hi., Mr Ton, I have three letters from 1st credit,one from the collections department, one from the administration department and one from the litigation department, All three have THAT same signature (squiggle) on them. They must only have one person working for them running back and forth to each department:)

[alfwithhair]

 

I had that letter 21 April 08. Still not heard or received anything further.

[the_scorpion]

My 12+2 days ended today and apart from the letter confirming they had received my CCA i have had nothing else. Could someone tell me what happens now?

 

Thanks

[alfwithhair]

Just sit and wait, like I said before I had that letter 21 April 08. Still not heard back from them or anybody else regarding the alledged debt.

 

Let the dig a big enough hole for themselves that they will not be able to climb back out of.

[the_scorpion]

OK. Thanks.

[the_scorpion]

I received a phone call yesterday from Apex telling me a letter was in the post and Ive to phone them as soon as it arrives so it looks like 1st credit have passed it to Apex despite never sending me my CCA. I asked her what the letter was about but she wouldn't tell me.

 

Is this normal?

[the_scorpion]

I got another phone call from them on Monday

this time i told them the account is in dispute as i had requested a CCA and to date its never arrived.

 

 

They then told me they had my CCA there so i told them to send it to me and hung up on them.

 

I have now received a letter from them demanding i contact them again or face possible legal action.

 

Should this have been passed to them by Lloyd's/1st credit while its in dispute and what should i do now?

[cymruambyth]

I have copied this letter, it may help.

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

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

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *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 the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

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

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[the_scorpion]

Thanks for that.

[the_scorpion]

I forgot to say, the letter from them says they are acting for Lloyds so i don't think 1st credit passed this on to them as i first thought.

Should i be sending anything to Lloyds like the letter below letter i found on another thread or do i just forget lloyds just now?

 

Dear Sir/Madam,

 

I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

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. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

Edited December 7, 2008 by the_scorpion
another question

[the_scorpion]

I sent the letter above but they phoned me again this time saying Lloyds knows nothing of a CCA request or the account being in dispute and has handed the account back to them to chase up again.

 

What do i do now?

[lickthewallfatboy]

do you have any Lloyds corrspondence concerning the CCA request?If you do,tell ist crud that they are lying,and let them stew.....

[the_scorpion]

I started this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/153703-help-1st-credit.html before i noticed there was a Scottish section so I thought I better try and get it moved to here as I'm in Scotland and also post what i have just noticed.

 

Ive just noticed this afternoon that the client account number on these letters is not my original account number and also the name on the letters would suggest that i have a middle name but i don't. Does this mean there has been some sort of mix up and this is not my account they are chasing me for or do the client account numbers change when it goes to an outside agency?

 

Any suggestions as to what i should do now?

 

Thanks

[blueda]

The account number stays the same when a debt changes hands, there usually is a customer reference number from the new creditor as well as the account number, it could be a mix up for someone else too. You also might find that if it is your debt that it is unenforcable from them, check up on CCAs, there is a letter template on this site you can copy and send for a CCA request, hope this helps.

[maroondevo52]

Threads Merged....................

[the_scorpion]

Thanks for merging both threads.

 

Here is were i am at.

 

I sent a CCA request back in July and got the a reply from 1st credit saying it was passed on to Lloyds but so far no CCA has arrived.

 

 

I never heard anything from Lloyds regarding the CCA request.

The account has now been passed to another DCA despite being in dispute through 1st credit.

 

I sent the Account in dispute letter to the new DCA but they say Lloyds knows nothing about any CCA request or the account being in dispute.

 

I only noticed today that the account number on all letters is not mine and there is a slight difference in the name so i now believe my account may be mixed up with some else's with a similar name.

 

I am totally baffled now as to what i do next.

 

Do I send Lloyds anything or just wait and see what happens next?

 

Thanks again

[rory32]

Does the amount claimed as owing marry up with your account?

[the_scorpion]

There's a couple of hundred pounds difference but that could be interest or something.

 

Ive doubled checked everything and that account number is not mine nor do i have an initial for a middle name.

 

 

The account number only appears when the account was handed to 1st credit and now the new DCA is using the same one but all previous letters from Lloyd's contains the account number i know with no initial for a middle name.

[rory32]

Initially then I would simply send the prove it letter below. It sounds like they've got the wrong person.

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that this would be considered an unfair business practice under the Consumer Protection from Unfair Trading Regulations 2008.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

Print do not sign name.

I would also add to the letter that you have never held an account with this account number and point out the discrepancy in the account name.

[the_scorpion]

Thanks for that letter. Do i send it to Lloyds or to the DCA?

 

Another quick question if you don't mind.

 

Going back to my first post about my own account I was recommended to send a CCA request so should I be sending it again to Lloyds but with the correct Account number this time or should I wait to hear from them?

 

I am assuming the CCA request I made in July would have gone to the account they keep sending letters for rather than my own.

 

Thanks again.

[rory32]

Thanks for that letter. Do i send it to Lloyds or to the DCA?

 

The DCA. You don't need to send another CCA request. Just add to the letter that a CCA request was made in July and do date no copy of the agreement has been supplied.

[blueda]

This is interesting Rory,

does this mean that as 1st credit have not responded to CCA request,

then they are breaking the law,

and scorpian could get the debt written off ?,

once the account mix up has been sorted.

[rory32]

Under s175 of the CCA 1st Credit had an obligation to pass the request to Lloyds (which I'm sure that they probably did). If they failed in their obligation then that is no concern of yours. The timescales still stand and current the account is unenforceable. Of course should a complying agreement be produced at a later date then the agreement can once again be enforced.

 

Having said that Lloyds are not very good at keeping agreements - even those where they are chasing the correct account.

 

Really if there is no agreement then the creditor has very little choice but to write the debt off. However some are more willing to do this than others once they have been given a push.

Edited January 5, 2009 by rory32

[blueda]

Very interesting Rory, Is it Loyds that will be required to be pushed or 1st Credit ?,

 

 

i am keen to learn how to do this,

i am wondering if some solicitors would be willing to take on such a case on a no win no fee basis,

so long as their fee is reasonable affordable and worthwhile,

or can it be done without the expense of legal fees ?.