1st Credit & Everyday Loans debt sent CCA request - What next?

[Huff&Puff]

Post up the Default Notice, with your details removed. They often mess those up, and it can render the whole alleged debt unenforceable if they do.

[redminx]

Don't have default notice in the papers just can't be convinced that it was received & gone astray.

 

Never received anything by recorded delivery though - should I state never received & request a copy?

[emandcole]

Certainly, but don't draw attention to the default per se, just ask for it via a SAR as part of the documents you are entitled to see. Send recorded as ever.

 

The decision to not pay and see if they terminate can be fruitful but is also a higher risk strategy. Having had no direct dealings with them I don't know how quick they are to terminate so perhaps a question of 'do you feel lucky'? If you do then maybe not paying would trigger action but this is something anyone would be reckless to advise you to do so clearly a matter for you to decide.

 

Consider the implications however whatever you do as regardless of advice on here it's you that ultimately has to deal with this, positive and negative implications in mind.

 

Concentrate on the SAR to get hold of the info in order to work out how solid your foundation is.

 

If you do have a faulty default notice and they terminate on it you can obviously choose to accept it and go from there. Check your credit file to see if its been registered yet, might not be on there if it's recent as they have up to 6 months to register it.

[loopinlouie]

1st credit told me they do not need to send notice of assignment, I have it on tape, so I bet you wernt sent one as well. They confirmed first letter sent out to people is asking for full payment with the added threat of court. I said isnt that against the rules and they said no.

[Huff&Puff]

They lie. Often.

[ODC]

This just shows what a bunch of cretins you are dealing with. As usual they assume the law does not apply to them. The poor misguided fools. Obviously they havent read the Law of property Act 1925 about the assignment of debts.

 

Of course this comes as no surprise whatsoever as the notice of assignement they sent me was for a totally unconnected bank.

 

IDIOTS.

[babybear39]

Allegedly

[loopinlouie]

I said to them wouldnt it be polite rather than threaten court to introduce yourselves first, they said we dont do that, I said you do have to to maintain your credit licence and wernt you recently told off for your behaviour in such matters by the fos, to which they replied, it was more guidance than telling off.

 

So I said well your not following it are you?

 

She went quiet and said we'll pass this back to the original creditors;)

[babybear39]

The telling of was from the OFT but it just goes to show how thick (allegedly)1st crud staff are if they don't know which regulator is breathing down their necks

[loopinlouie]

Probably me who got the regulator mixed up:confused: However I said the big bods who monitor your license, they should know who I mean and they knew enough to say it was guidance:D. I was telling them if they carried on threatening me I would go to fos and did have relevant article on computer of them told off to rub it in:D.

 

Scatty me but geting there

[emandcole]

Sounds about right for this lot. Typically ignorant of all relevent facts, ignore their own duties whilst harassing you to 'clear your debt'. Watching this keenly so all the best with it.

[redminx]

Hmmn well experience seems to suggest they flout the rules as much as possible.

 

Always value all advice recieved on here - I can't afford to pay so nothing to lose in standing my ground - if they have chosen to ignore correct procedure I feel it it duty to point that out

 

So will send subject access request & keep fingers crossed

[redminx]

Is it advisable to make token payments while subject access request is proceeding?

 

Or would this be considered an acceptance of debt that is disputed?

[Huff&Puff]

If you have already been making payments, then carry on until you get the papers, or the 40 days are up. If you haven't been making any payments, don't start yet.

[redminx]

OK thanks - hadn't been making payments as they had refused previous offers made so will hold off until they come up with the goods:)

[redminx]

Update:

 

Have received response to subject access request. No sign of a default notice or anything similar. Consists mainly of telephone records, (call logs made) plus transcripts of letters sent to me chasing payment, offering reduced settlements etc.

Covering letter states:

'The infomation enclosed completes the response to your subject access request made to 1st Credit Ltd. Any information which you have requested which is not included in our response should be sought from the original creditor or the relevant company to which it refers.'

 

Is this right? I was expecting them to have copies of all correspondence sent to me by original lender (Everyday Loans) as surely they would have taken receipt of this when assigned the debt?

Can they 'cover themselves' by stating that the response may not include all documents in their entirety, & if so should I do subject access to Everyday as well?

[ODC]

It is a waste of £10 and your time to SAR a DCA as all they will send is precisely what you have got from Worst Credit. The buy the debt but never any paperwork. A good rule of thumb is to CCA the greedy **** DCA. and SAR the original creditor. Sorry but you need to spend anothe tenner.

[redminx]

Ok thanks will do so

worth another £10 to ensure all is done properly

[redminx]

Bumping with update - any further advice appreciated.

 

As advised on thread, sent further SAR to original lender - response now recieved, plenty of call logs, original application details plus copy of CCA (again) BUT nothing resembling a default notice, termination notice, notice/deed of assignment or anything similar.

 

Did, however receive account details relating to 2 other customers though:eek: Reassuring to know how confidentail our details really are.

 

Not quite sure how to proceed from this point - am I right to assume that SAR should generate ALL info held relating to the account, & that if so they clearly (as I suspected) have never issued these documents therefore cannot enforce:confused:

 

If so is there a next step or do I just sit tight to see if they attempt the legal route? 1st Credit still ringing me regurly (to talk to my voicemail;)) so clearly still attempting to pursue

 

Many thanks

[Mydogsawestie]

Did you ever get a Notice of Assignment served in accordance with S136 of the Law of Property Act 1925.

 

I bet you didnt

 

Hi ODC regarding this notice of assignment information useful for redminx too, is this something that a DCA should have to produce to you or should it have been flagged up in a SAR?

 

I'd be interested to know this info too as Link / 1st credit are some of my husbands DCAs & wondered if a CCA has been produced where therefore can we obtain this notice of assignment so we can see if they have a right to collect the debt...is there a letter/procedure we could use in order to wean it out of the DCA's? Thanks

[cerberusalert]

Did, however receive account details relating to 2 other customers though Reassuring to know how confidentail our details really are.

If you have their contact details advise them of the fact you have received their private details & information. You should all make a complaint to the ico https://www.ico.gov.uk/Global/contact_us.aspx because the lender is in breach of the Data Protection Act.

[redminx]

I do have names & addresses for them both so will do as suggested. Makes me wonder how many people have received mine:|

[cerberusalert]

I do have names & addresses for them both so will do as suggested. Makes me wonder how many people have received mine:|

 

Don't forget to direct them to CAG.

[redminx]

Least I can do

[babybear39]

Put the boot in with complaints to any and every organisation you can think of. We wouldn't want 1st crud to think we weren't helping improve their business by reminding them of their obligations now would we