1st credit/LloydsTSB HELP PLEASE - **WON** - SET ASIDE

[liz01]

I would still turn up in court....I wouldn't trust them to be honest....nothing to stop them from turning up on the day and claiming their costs if you don't turn up....

hello, coul dyou help please not sure what to do at the moment, as you know the court case is still looming we think! 30th october, but since then we have had a few letters from these idiots to say they are withdrawing the stat demand and they will accept £5 per month, it also says we must reply by the 15th october to confirm how we are going to pay it! but they are now past the 12+2 days for the cca which has not arrived, do we write to them telling them we have not had the cca, what so we do please ??

[42man]

No CCA then send them this Liz by recorded....

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

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 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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

 

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

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

* You may not pass the account to a third party.

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

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

 

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[42man]

You could write to 1st Credit saying that you will only accept their withdrawal if they pay your costs, other wise you will still attend....

[liz01]

You could write to 1st Credit saying that you will only accept their withdrawal if they pay your costs, other wise you will still attend....

oh thats brill thankyou so much, have typed the letter up and am posting by recorded tomorrow morning. Becuase i have a letter saying they have withdrawn the stat demand will they have told the court to cancel the hearing?? do i phone the court to find out what is going to happen now??

[42man]

Unless you hear from the court officially....with a peice of court headed paper Liz...continue as normal....

[liz01]

Unless you hear from the court officially....with a peice of court headed paper Liz...continue as normal....

hi, just had a letter today from the court, it says

 

On hearing of an application by the applicant for an order that the stat demand issued on the 1st september 2008 be set aside.

 

Upon the applicant not appreaing and upon reading the respondents letter (date for hearing was 30/10/2008)

 

AND UPON READING THE EVIDENCE

 

IT IS ORDERED THAT

the stat demand is set aside

no order for costs

 

this order has been made by the court under CPR 23.9 as the court has disposed of an application without a hearing and withou service. Any party may apply to have this order set aside or varied with in 7 days of the date of this order on that party.

 

district Judge

 

what does this mean please, has the hearing been cancelled and we can no longer go ahead with costs?? any ideas please thanks liz

[liz01]

hi, just had a letter today from the court, it says

 

On hearing of an application by the applicant for an order that the stat demand issued on the 1st september 2008 be set aside.

 

Upon the applicant not appreaing and upon reading the respondents letter (date for hearing was 30/10/2008)

 

AND UPON READING THE EVIDENCE

 

IT IS ORDERED THAT

the stat demand is set aside

no order for costs

 

this order has been made by the court under CPR 23.9 as the court has disposed of an application without a hearing and withou service. Any party may apply to have this order set aside or varied with in 7 days of the date of this order on that party.

 

district Judge

 

what does this mean please, has the hearing been cancelled and we can no longer go ahead with costs?? any ideas please thanks liz

hi, just had a letter today from the court, it says

 

On hearing of an application by the applicant for an order that the stat demand issued on the 1st september 2008 be set aside.

 

Upon the applicant not appreaing and upon reading the respondents letter (date for hearing was 30/10/200:cool:

 

AND UPON READING THE EVIDENCE

 

IT IS ORDERED THAT

the stat demand is set aside

no order for costs

 

this order has been made by the court under CPR 23.9 as the court has disposed of an application without a hearing and withou service. Any party may apply to have this order set aside or varied with in 7 days of the date of this order on that party.

 

district Judge

 

what does this mean please, has the hearing been cancelled and we can no longer go ahead with costs?? any ideas please thanks liz

[42man]

Good news is the demand has been set aside....bad news is no costs...this does happen on occasions Liz....

[liz01]

Good news is the demand has been set aside....bad news is no costs...this does happen on occasions Liz....

ok thanks, so we do not have to go to court at all now then?? i still send the letter you said about yesterday for them not sending the cca? they are still in dsipute with us?? thanks for your help.

[42man]

Yes keep the CCA process going Liz....and no you don't have to go to court...but keep us posted...

[42man]

I'll change the title of the thread too as it is still a win for you Liz...

[liz01]

I'll change the title of the thread too as it is still a win for you Liz...

ok thats brill, just want to say a big thankyou for all your help, dont think for one minute we could have done without you, will keep you updated, and am sure will be back soon with more questions on other debts we have, thanks so much

[liz01]

No CCA then send them this Liz by recorded....

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

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 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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

 

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

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

* You may not pass the account to a third party.

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

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

 

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

HI I AM SENDING THIS LETTER BY RECORDED TODAY, DO I HAND SIGN THIS, I KNOW WE ARE TOLD NOT TO ON THE CCA REQUESTS LETTERS BUT DO I SIGN IT ON THIS ONE, MANY THANKS PS RECEIVED A LETTER FROM 1ST CREDIT AGAIN ON SATURDAY NOW THREATENING LEGAL ACTION PRE LEGAL TEAM!! TRYING TO OBTAIN A CHARGING ORDER AND APPLY TO THE COURT FOR AN ORDER FOR SALE OF THE PROPERTY, ALTERNATIVELY WE MAY DECIDE TO PETITION FOR YOUR BANKRUPTCY!! (WE HAVE JUST HAD IT SET ASIDE!!)DO I IGNORE AND JUST CONTINUE TO SEND THE ABOVE LETTER TODAY??

[babybear39]

NEVER sign anything in your normal signature. Use something like this to sign over instead ---------X-------- if your worried they won't take you seriously.

[42man]

Yes send this by recorded and do not hand sign....

 

Please send all these letters to the OFT, TS and your local MP.....

[liz01]

Yes send this by recorded and do not hand sign....

 

Please send all these letters to the OFT, TS and your local MP.....

OK BRILL THANK YOU, WILL LET YOU KNOW WHAT COMES OF IT.

[liz01]

ok thats brill, just want to say a big thankyou for all your help, dont think for one minute we could have done without you, will keep you updated, and am sure will be back soon with more questions on other debts we have, thanks so much

 

hi, i started this thread back in 2008 and had some brilliant help. especially from 42man, it was set aside in october 2008, and heard no more, 2 years ago got an annual statement from citicards but no demands etc, but last couple of months have been getting demands, offering discount etc, must start to pay they are saying or else sending someone around etc etc. as it was set aside, what do i do? do i reply?? do i acknowledge?? any help most welcome

[babybear39]

Who are chasing now?

[liz01]

hi it is actually 1st credit!

[babybear39]

You're kidding? Does a certain person still work there?

[babybear39]

Have you got the paperwork from the original SD and set aside?

[liz01]

Have you got the paperwork from the original SD and set aside?

 

you sounded surprised when i said 1st credit??!!

 

i have somewhere, will have to dig it out the attic! any ideas on what i should do please??

[babybear39]

you sounded surprised when i said 1st credit??!!

 

i have somewhere, will have to dig it out the attic! any ideas on what i should do please??

 

I've beaten them many times, most recently approx. two years ago for an alleged account which wasn't even mine! A few emails did that job...

 

There are a number of ways you can approach this...

 

As you've already had it set aside send them a copy of the judgement with a polite letter telling them where to go, stop using up rainforests and using cheap labour from abroad calling to haunt your every moment (allegedly)...

 

Not too up on post SDs syndrome ala 1st crud. so will defer if someone else can help. Failing that, update your thread and we can go through options then

[liz01]

I've beaten them many times, most recently approx. two years ago for an alleged account which wasn't even mine! A few emails did that job...

 

There are a number of ways you can approach this...

 

As you've already had it set aside send them a copy of the judgement with a polite letter telling them where to go, stop using up rainforests and using cheap labour from abroad calling to haunt your every moment (allegedly)...

 

Not too up on post SDs syndrome ala 1st crud. so will defer if someone else can help. Failing that, update your thread and we can go through options then

 

is there anything they can or will do even though it was set aside in 2008?? i have not acknowledged anything since 2008.

[babybear39]

is there anything they can or will do even though it was set aside in 2008?? i have not acknowledged anything since 2008.

 

It will become statute barred in October 2014 so maybe they're just chancing... They might get another SD sent out by connought...