1st credit

[dirtymonkey29]

up again.....someone must have some advice on a forum this size?

[lickthewallfatboy]

send them a letter about non complaince with your SAR and then inform the Information Commisioner that they have failed to comply,and let them chase them

[dirtymonkey29]

do they have to stop trying to collect and remove entries from my credit file now that they havent sent me info?

[dirtymonkey29]

yawn......anyone?

[dirtymonkey29]

up

[Pinky69]

You have sent the letter to the DCA asking them why they are pursuing you for payment on a disputed acciunt and the bank has 40 days to reply to your SAR request. That's all you can do for now and you'll just have to wait for their replies. As for clearing your credit reports, that is not going to happen for some time and isn't going to be easy. Even if there is no agreement, the DCAs slap defaults on as a matter of course whilst the debt is still outstanding. An unenforceable agreement simply means it cannot be enforced in court - you will still owe the money.

[dirtymonkey29]

its been well over 40 days and ive heard nothing. is there a template anywhere for the next letter to send. how do i go about reporting them to information commissionaire etc.....i really want to get this all sorted but working full time and a newborn in the house i dont have much spare time to do my research write letters etc. im grateful for all the advice ive been given so far, but the sooner i can get this all cleared up the better.

[42man]

If they are in default of your SAR, you need to send a letter headed LETTER BEFORE ACTION giving them 7 days to comply, send them a copy of the original letter (do all this recorded delivery) If you do not hear back after 7 days, then off to court !!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[dirtymonkey29]

thanks 42man.....no need to report to the informations commisionaie then? or do i also report them? or report them after the 7 days pass?

[42man]

You take them to court if they don't respond in 7 days....

[cadencealex]

You take them to court if they don't respond in 7 days....

 

 

Excellent! I thought it was 14

 

Best get on with some POCs ..

[dirtymonkey29]

what are POCs???

[cerberusalert]

Particulars of Claim

[dirtymonkey29]

1st credit have sent me a new letter telling me they have passed details onto the "pre legal team" threatining to obtain a ccj and bankruptcy. Is the follow letter ok to send onto them?:

 

 

My address

,

09/03/2009.

 

 

1st Credit

PO Box 278,

Reigate,

RH2 7WB.

 

 

ACCOUNT IN DISPUTE

 

Your Reference: xxxxxxxxxxxxxxx

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account is still being pursed by yourselves, as it is in dispute with 1st credit and Lloyds TSB, and has been since 01/01/2009, when I sent you a letter which was signed for on 05/01/09, I enclose a copy of the letter sent and proof of signature.

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 Lloyds TSB is now in default of my Subject access 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 subject access 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 Lloyds TSB for resolution of these defaults and breaches, as Lloyds TSB and 1st credit cannot lawfully pursue any enforcement activities.

 

If 1st credit 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

[dirtymonkey29]

Also i got a my credit file recently and 1st credit have marked a default down on my credit file (callcredit) from march 2008. I have never had any payment plan or acknowledged any debt to this company, and i have certainly never had anything default notices through the post from them. Can i get them to remove it, and again are there any letter templates i can use.

 

This is all getting me seriously down trying to find time to sort all this out with a new baby to look after.

 

once again all help appreciated

[dirtymonkey29]

bump

[dirtymonkey29]

bump again

[cerberusalert]

Shouldn't the SAR be changed to CCA?

[dirtymonkey29]

i dont know? it was the subject access request i sent to lloyds tsb which i have had no details from yet.....well outside the 40 days.....i am sending lloyds the letter before action letter giving them a further 7 days to respond by recorded delivery when i finish work tonight

[cerberusalert]

I'd change it to CCA because they are in default in supplying you with it anyway.

[dirtymonkey29]

i had already sent it

[dirtymonkey29]

new letter from 1st credit.....need help please.....the letter i recieved is as follows:

 

1st credir ref: xxxxxxx

 

Thankyou for your letter of the 9th March 2009 of which the contents are noted.

 

In this instance, the account to which we refer is a bank account with overdraft; therefore is not a relevant account for the purpose of the consumer credit act. Therefore we are not obliged to provide an agreement and no statutory consequences will apply. This is based on the advise of our barrister. In this instance we did make the request to our client and they were unable to provide us with a copy of your original agreement for the bank account. We acterd in good faith in making this request to our client even though we were under no statutory obligation to do so.

Since the consumer credit act does not apply to this account, we do not accept your assertation that we have entered a default for failing to comply with it. We are also within our rights to continue requesting payment and do not consider that we are in breach of any of the OFT guidelines for debt collection.

In your letter of 9th march 2009 you have not specified upon which ground you rely for your notice under s10 of the data protection act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in schedule 2 section 2(a) of the act.

We thurther not that to date you have paid £1345.00 thus admitting liability and leaving a due balance of £1370.05, we therefore would ask why you have paid nearly 50% off a debt you do not recognise. We believe this debt is due and payable, thus the default registered will not be removed until the debt is discharged.

We offer no comment to your claim that lloyds tsb are in default regarding a subject access request, but would point out that section 127(3) has been repealed by the CCA act 2006 c.14, sch 4 para, therefore as a result, if needed we will seek an enforcement order pursuant to s127 of consumer credit act 1974. We would also draw attention to the fact that 1st credit limited are the legal owners of this debt, you were informed of this in way of a notice of assignment sent to you on 5th October 2006 and also paid our colleagues at connaught collections UK.

For your records we enclose a subject access request which clearly shows payment you have made.

We now urge you to contact these offices to discuss the repayment of the above debt.

 

Yours sincerely.

 

This account with lloyds will be all charges, i dont recall ever having an overdraught with them but it was a long time ago. the money paid to connought was paid through bullying and threats of bankruptcy which would stop me from being able to do my job. i asked connought what the debt was continually and when they never bothered to furnish me with any details i stopped paying. also i have never had a default notice from first credit although there is a default on my credit file from them and i have never had a notice of assignment....Also i still havent heard from lloyds tsb despite sending them the letter before action letter(non compliance). How do i take lloyds to court and how much do i claim?

 

Please help.

Edited March 20, 2009 by dirtymonkey29

[42man]

The first step is to send a SAR to the original creditor and start the charge reclaim process. (you can find a SAR in the link in my signature below) Then I think you'll need to craft a letter to 1st Credit stating that you are in the process of doing this as you believe the remainder of the debt is made up entirely of excessive penalty charges....you can state that you believe that they may owe you more than you owe them....make sure you head any letter to them as ACCOUNT IN DISPUTE and send recorded...

[cerberusalert]

As I understand it you can still put the account in dispute because of the unfair charges which have been added to it.

 

Have you received your SAR back from Lloyds yet? If not you should make a complaint to the Information Commissioner https://www.ico.gov.uk/Global/contact_us.aspx and the OFT.

[dirtymonkey29]

yeah i sent the subject access request to lloyds and they didnt respond. i have since sent the non compliance letter, and heard nothing. this is well out side the 7 extra days after the sar's 40 day period ended. I dont know charges are involved as i havent had any responce at all. what letter do i need to send 1st credit in responce to their letter. (i never sent the cca letter too lloyds as its not valid on account/overdraughts, just the sar to find out what im being charged), and whats my next step/letter for lloyds?