Sleepless Nights v 1st Credit

[palomino]

Thanks babybear

 

Should I contact 1st Credit to acknowledge receipt of SD or not & will that buy me anymore time if I don't

 

(a) No.

(b) No (the time is prescribed in law).

[Sleepless Nights]

Hi Palamino

 

Thanks for coming back to me, I know you said you would

 

I am trying to confirm what I need to do from previous replies (mainly by babybear)

 

I will send for a CCA today to 1st Credit & when I can confirm that they have received my request they have 12 + 2 days to reply

 

Should I write to Citi for my S.A.R & is there any time limit & cost for them to reply to me

 

If I contact my local county court what should I be saying to them

 

Any advice would be greatly appreciated

[palomino]

Yes you should send off your request for a copy of the credit agreement but the timescale for 1st Credit to respond is so tight that you can't really rely on that as a grounds for the set aside. In any case the agreement they come up with might be fully compliant in which case there wouldn't be any grounds for set aside there.

 

You can write to Citi with you SAR at any time. They have 40 days to comply so this is well outside the set aside timescale. A SAR costs £10. If you want to do this then come back here as the template letter on CAG isn't really geared for what you might want and will need adapting.

 

Why do you need to contact the County Court?

[Sleepless Nights]

Why is it a tight schedule for them to reply to me

 

With regard the county court see #9 & #17 from babybear, that is where that comes from

 

Thanks for your help

[palomino]

Why is it a tight schedule for them to reply to me

Which is why you can't rely on it.

 

 

With regard the county court see #9 & #17 from babybear, that is where that comes from

BB was talking about the request for a credit agreement (post 9 gives you a sample letter to send off). You send that direct to First Credit.

 

You have to take your application for set aside to the court where you have to swear an affidavit (form 6.5) under oath. This is why you have to take it person. The only things you'll be talking to the court about are the procedural bits - it's unlikely they will go through the case itself at all (but prepared to do that in case a judge pops in). You'll find the court staff quite helpful as they deal with people such as yourself every day and they are used to people finding the whole experience quite unnerving.

[Sleepless Nights]

Thanks Palamino

 

I have downloaded the forms, when shall I be taking them to court & would I need to contact them first or can I just go in as my nearest court is about 20 miles away

[palomino]

I have downloaded the forms, when shall I be taking them to court & would I need to contact them first or can I just go in as my nearest court is about 20 miles away

 

Ring the Court first (note that you have to take the forms to a County Court). You should ask the Court if they deal with SD and bankruptcy matters as a tiny minority don't. Also ask if you need to make an appointment. You shouldn't as most courts deal with it as you turn up.

 

You should take them as soon as you like or as late as you like - but don't miss the deadline. I would suggest 3-4 days before the deadline as that gives you a bit of time to prepare things while making sure there is no argument about the service date.

 

You're sounding much more positive compared with your first post. Fun isn't it :)

[Sleepless Nights]

Thanks for your vote of confidence Palamino lol

 

I called my DMC today about the SD from 1st Capital but my case officer kept putting me on hold to check what I needed to do when I had asked her the same questions about what I needed to do now (so shows you how invaluable ALL you guy's advice has been) so a big thanks

 

I don't know about sounding more positive as I am still very confused & very worried

[Sleepless Nights]

Anyone any idea if I am right in sending my CCA request to 1st Credit as my original agreement only goes back to early 2006

 

I've read a lot of threads where these claims are over 6 years old

[creditcardmug]

Here is a new style CCA request letter, which stops them claiming they dont have to comply,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

[Sleepless Nights]

Hi ccm

 

Welcome to the sleepless nights club, there seems plenty of us out there

 

1st Credit seem to be sending a lot of SD's to different members at the minute

 

I was looking at my original cca forms last night & I cannot see 1 where I have signed for it

[creditcardmug]

Was it done online? they didnt need a written sig after a certain date.

[Sleepless Nights]

No

 

I went into their branch

 

I am more concerned at sorting my set aside & had some good advice from palamino, I am more worried about the reason/s I may have to give to have it set aside

 

I am not even sure what set aside means

[creditcardmug]

Well i havent had one (yet), but i understand there are 5 possible grounds for the set-aside, on here somewhere, i havent time this morning to look, theres another member called 42man who well clued up on SDs might be worth a PM.

The thing is if you dont get it set-aside it gives them the chance to go for a bankruptcy petition, which is much more hassle to contest than this.

That said most of the ones ive seen on here are succesfully set-aside provided the time limit is adhered to.

[Sleepless Nights]

Thanks ccm

 

I'll see if I can contact him

[Sleepless Nights]

I have been reading the letter of assignment from my original creditor & the ammount that they say is the balance is the same as the balance demanded by 1st Credit on their SD (is actually less now as 1st Credit seem to be taking payment made to them through my debt management plan)

 

I did notice though that before the account was assigned to 1st Credit another company (NCO) had written to me asking for payment & the ammount was less then

 

Does this give me a reason for the SD to be set aside

[42man]

Your potential reasons for setting aside are this...

 

Non production of a Consumer Credit Agreement (that contains the prescribed terms)

 

Non production of a valid default notice from the original creditor

 

The Statutory Demand was sent by 2nd class post.

 

As for the S.A.R - (Subject Access Request), If it was me I would send them this particular version. a SAR request costs £10 - send them a postal order, and send the request by recorded / guaranteed delivery (send this to Ci Fi)

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

 

Also I notice you are still paying through your debt management company too ?

 

You might also like to have a look through this thread...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

[creditcardmug]

Have a read of this one as well , this guy won today,

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/157856-fizzbuzz-1st-credit-court.html

[Sleepless Nights]

Hi 42man

 

Thanks for your advice, the only thing is I believe they did send me a default or does that not matter?

 

Do you think I should apply for set aside as soon as the 12 + 2 days are up or before (as they might supply CCA within the time & I will have already have given it as a reason for the set aside?)

 

Hi ccm

 

I have left a reply to Fizz (great news & makes me feel a bit better)

[42man]

Submit the TOTALLY disputed debt using the CCA argument....and the fact that it is unenforceable while they are in default of your request....

[Sleepless Nights]

Is it best to apply for my set aside now or as soon as the 12 + 2 days is up?

[miss muppet]

Apply for your set aside now, you only have 18 days and have to take the completed affi into court to sign and swear on oath, get a copy of the signed affadavit as well, the court usually charges £5. for this.

[Sleepless Nights]

Hi miss muppett

 

How do I get the affadavit & how do I fill it in

 

Thanks

[creditcardmug]

You had 18 days to get this sd set aside, how many days are left now?

[Sleepless Nights]

Hi ccm

 

Forgive the ignorance, when are the 18 days from?