Urgently need help please!!!!

[amw]

Hello there! Would anyone please help me............

 

Re: LCS Solicitors letter from 1st credit

 

I am a new member of this forum. Would appreciate someone with a helping hand.

I have requested 1st Credit CA (template fron NDL website). It has been 65 days since that they failed to comply with my request. And all of a sudden i received a letter from LCS wanting me to pay in full in 14 days time. They totally ignored my request for the CA. I know they breached the CCAct 1974.

I would appreciate very much if you can give me an advice on what to do next.

Thank you very much indeed.

kind regards

[42man]

Hi Amw.....relax if you can....they are still in default of your request....I would send this letter by recroded delivery and dont hand sign it...(edit it to suit)...

 

Dear Sirs

 

I refer to your letter of XXXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by 1st Credit under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first if I were you !!!)

[42man]

I will also move your thread to the debt collection forums, where i'm sure you will get some more input...oh and a very warm welcome to the CAG forums !!

[amw]

I will also move your thread to the debt collection forums, where i'm sure you will get some more input...oh and a very warm welcome to the CAG forums !!

 

Hello there!

Many, many thanks for your assistance. A few questions if I may please, do i also need to send a letter to 1st credit? was thinking of sending a reminder letter to them and, enclose a copy of this letter to LCS. Do i need to send them via special delivery or just on recorded delivery? can i send them both in one envelope or have it sent in a separate envelope?

 

if after LCS received this letter, would they still take me to court? after not being able to pay up? i really don't want to offer them repayments, even small, as I am not sure If i did ever have the agreement or signed it

way back 2002.

i'd say thank you for taking time to read and replying to my posts.

ah, and by the way , how can i move my posts/threads to Debt collection forums, am still at lost at using these forums-sorry. many thanks

Have a nice day.

[PGH7447]

I would just send 1st crapit a letter stating that due ti their inability to provide the requested agreement, this account is in serious dispute and that any attempt by 1sr crapit and or LCS Solicitors wil be defended.

[amw]

I would just send 1st crapit a letter stating that due ti their inability to provide the requested agreement, this account is in serious dispute and that any attempt by 1sr crapit and or LCS Solicitors wil be defended.

 

Hiya!

 

thanks for replying. do i need to send a letter as well to LCS? after them receiving my letter, would they still take me to court , anyway? thanks.

[PGH7447]

send 42mans letter to LCS, and your default letter to 1st crapit and include 42mans letter in with it

[amw]

send 42mans letter to LCS, and your default letter to 1st crapit and include 42mans letter in with it

 

Hi, it's me again. hope u don't mind. just womderigm if you have antemplate of sending a default letter to 1st crud? any piece would be useful. thanks.

[42man]

This one ?

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

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

[amw]

This one ?

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

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 42man. yes i think this is the suitable letter to send to 1st crude. many thanks. oh yes, by the way, when i phoned cccs they told me to contact the ombudsman for advice. so i did, but calling them is already lodging a complaint. they said they'll send off a letter to 1st crude. so do you think this default letter is still suited to send now. 1st crude will have receive that letter from the ombudsman before mine.

any piece of thought would be greatly appreciated.

[amw]

Hiya all,

Just an interesting question, when debt is passed to courts, is it required to present your bank statements and etc.? do you get a notification from them? i've heard it can happen you get a ccj without knowing it?

also, do i need to send letter to LCS together with 1st Crude in one envelope. they seem to be on the same office, another desk. would i send it special delivery? or just recorded? any piece of info would be greatly appreciated. with thanks

[maroondevo52]

Hi, amw.

 

I'll merge this thread with your other one, you should get the answers you require there.

 

Regards.

 

Scott.

[KER]

Best thing you can do is read as much as you can on this forum. A fair few people have been through the various processes and their threads will be of great help to you.

 

Probably 99% of us here are the same as you, learning as we go

[amw]

Hi Maroondevo52

 

thanks for the reply. am still trying to locate the posts/thread you mentioned? i couldn't seem to find it. would be great info.

[maroondevo52]

Hi, amw.

 

Both your threads are now merged here, try stick to this one.

 

Have a look at this..............

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Ill keep you straight, on how things work

 

Regards.

 

Scott.