1st Credit Reponse to CCA request, start of a long year.

[deepdebt]

Hello,

I have previously started a thread covering some of the basics of Halifax/Blair Oliver & Scott/1st Credit but now need to start a new thread as it looks like its going to be a long year.

 

After 3 appointments with our local CAB, a Financial Statement was sent to 1st Credit who initially accepted our offer of nominal monthly payments but wanted them paid by Direct Debit. Since however we have sent a CCA request last week and this week we rec'd something like this:-

 

'The document you have requested is retained by our client (Halifax). We will therefore advise them of your request and arrange for the document to be sent to you as soon as possible.

They then go on a bit about Deed of Assignment - we would refer you to section 136 of the Law of Property Act 1925 which provides that the debtor is notified of assignment of the debt in writing and not a copy of the Deed itself.

Finally 'On receipt of the copy agreement we would expect you to contact this office immediately to arrange settlement of this debt.

 

Bit of a drone but guess its a standard letter, can someone confirm please. Clock ticking on CCA request!

[sosumi]

Hello,

I have previously started a thread covering some of the basics of Halifax/Blair Oliver & Scott/1st Credit but now need to start a new thread as it looks like its going to be a long year.

 

After 3 appointments with our local CAB, a Financial Statement was sent to 1st Credit who initially accepted our offer of nominal monthly payments but wanted them paid by Direct Debit. Since however we have sent a CCA request last week and this week we rec'd something like this:-

 

'The document you have requested is retained by our client (Halifax). We will therefore advise them of your request and arrange for the document to be sent to you as soon as possible.

They then go on a bit about Deed of Assignment - we would refer you to section 136 of the Law of Property Act 1925 which provides that the debtor is notified of assignment of the debt in writing and not a copy of the Deed itself.

Finally 'On receipt of the copy agreement we would expect you to contact this office immediately to arrange settlement of this debt.

 

Bit of a drone but guess its a standard letter, can someone confirm please. Clock ticking on CCA request!

Yes it is a standard letter deepdebt. The last sentence is a bit like a snarl!

Let that clock tick!

[deepdebt]

Hi sosumi, many thanks for that, so nice you know I'm not alone.

[sosumi]

Hi sosumi, many thanks for that, so nice you know I'm not alone.

You are absolutely not alone on here xx

[deepdebt]

What a relief !!!

[deepdebt]

Hi All,

 

Well surprise surprise, worst credit are now beyond their 12+2 working days limit since my CCA request was delivered, however they did acknowledge the CCA request so I guess thats something and the phone calls stopped, nice.

 

So what now? I imagine I'll need a 'Letter in Default' notice, would anyone supply a suitable link please.

 

Also do we know for a fact that I can stop making nominal payments because of no CCA supplied, or do I need to wait for a further period after the 'letter in Default' is sent out.

 

Wait to hear, many thanks.

[42man]

Send by recorded....and edit as required

 

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**.

 

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

[deepdebt]

Hi 42man,

 

Many thanks for the above letter, re full statement mentioned above, worst credit stated in their acknowledgement to my CCA request that I would have to make a payment of 10 pounds for a full statement so guess that might come under a SAR request, any comments please.

[dpick]

Hi 42man,

 

Many thanks for the above letter, re full statement mentioned above, worst credit stated in their acknowledgement to my CCA request that I would have to make a payment of 10 pounds for a full statement so guess that might come under a SAR request, any comments please.

 

 

Hi worst crabit are as usual trying to pull the wool the Statement of account is part of the s78 CCA 1974 and they know this so at this stage it does not require you to pay £10.

 

dpick

[deepdebt]

Thank you for your input dpick. I like it when someone can save me money.

[Dorabell]

subbing:)

[deepdebt]

Send by recorded....and edit as required

 

Posted Recorded Delivery!, lets wait to see what happens next.

[s4ddys]

I too have posted the above template today after receiving the standard response the same as deepdept. Will post my response from worst cred. Phone calls seemed to have stopped too which is always a bonus.

 

A note to anyone who has had problems with the company, send them the phone call harrassment template letter if they are harrasing you at work / home. IT DOES WORK! They were phoning me up to 5 times a day at work which my boss wasnt happy about. The last time they rand I explained I had sent a letter regarding phone calls and that I would only be dealing in writing, to which the lady was quite pleasant!

 

There is hope, dont let them bog you down! And a big thanks to all the people who have taken the time to respond to individuals questions / queries. It shows whatever is said, there are still genuine people out there!

[deepdebt]

Hi CAGgers,

 

Well 42man 'account in dispute' letter was acknowledged with 'we are sorry to receive your complaint' etc.

 

Worst Credit really go out of their way to act the idiot! So now looking to SAR only problem do I send it to worst credit are they purchased the debt from HBOS or do I send it to the OC?

 

Can someone let me know with maybe an address for Halifax if its the OC route. Thanks:)

[deepdebt]

OK,

 

Found this address from Banking section:-

 

ADDRESS for Data Protection Act S.A.R.

 

DSAR Team

10 Carlton Street

Halifax

HX1 2AL

 

Bank Accounts - Data Protection Act Dept: 01422 3263 98

Credit Cards - Data Protection Act Dept: 01422 391 152

 

So do I send the SAR to worst credit or Halifax, can someone advise???

[sosumi]

Why do you want to send the SAR request DD?

As dpick said, 1st Credit's reply is nonsense. They are are required to send you the CCA, plus statement of account. That's what your £1 request was for. You don't need to send a SAR request to them or Halifax.

IMO, I'd leave them alone. Let them stew.

[deepdebt]

Hi sosumi,

 

Just thought nothing was happening, doesn't feel right. Always having to do something.

 

I will take your advice.

 

Just for the future who would the SAR go to Halifax or 1st Credit as they have supplied a letter of assignment.

[sosumi]

How do you know that their 'letter of assignment' is legitimate?

They have mucked you around right royally. They have also attempted to confuse you about the CCA request. They were sent the Account in Dispute letter, which is also a complaint - and they've acknowledged it.

They know d**n well what the dispute is.

They have 8 weeks to resolve it before you can take it to the Financial Ombudsman. They know that, but will probably send you an occasional letter to tell you they're endeavouring to locate the documents - pish posh. It's called 'stringing you along', and they'll do it for the full 8 weeks...

BUT if they hassle you again without producing the CCA report them to Trading Standards, the OFT, your MP...

Boot's on the other foot now, DD.

[sosumi]

Ah, just report them anyway DD. The only organisation you can't report them to right now is the FOS.

But all the other agencies will take notice (especially now).

That would be a better thing to do than letting them befuddle you xx

[deepdebt]

How do you know that their 'letter of assignment' is legitimate? I don't, it came on copied black/white Halifax letterhead from Reigate, but I was told verbally by Blair Oliver & Scott that the Halifax had sold off loads of debts.

They have mucked you around right royally. They have also attempted to confuse you about the CCA request. Yes it doesn't take too much to confuse me. They were sent the Account in Dispute letter, which is also a complaint - and they've acknowledged it. Yes they have!

They know d**n well what the dispute is.

They have 8 weeks to resolve it before you can take it to the Financial Ombudsman. They know that, but will probably send you an occasional letter to tell you they're endeavouring to locate the documents - pish posh. Yes they did that at the time of my CCA request but received nothing! It's called 'stringing you along', and they'll do it for the full 8 weeks...

BUT if they hassle you again without producing the CCA report them to Trading Standards, the OFT, your MP... I will do given the recent OFT guidance given to worst credit.

Boot's on the other foot now, DD Hope so!!!.

 

Thank you for your help and guidance, much appreciated.

[lilly white]

Good morning DD are you well

 

we are in same position SAR OC, we just got back in complete set of statements nothing else.

 

Trying to get ducks in a row gathering as much info as poss

 

Best regards Lilly

[deepdebt]

Hi all,

 

Received the following from our friends in Reigate, could those who know check the validity and give me there views, thank you.

 

 

 

 

Oh I forgot the little jem, 'if you confirm that this is your signature we will of course send you a complete copy of the relevant document.

 

Wait to hear.

[sosumi]

What part of the APPLICATION FORM did they edit DD?

[deepdebt]

What part of the APPLICATION FORM did they edit DD?

 

Well your guess is as good as mine regarding the 'complete copy of the relevant document'.

Do I take it this document 'Application form' does not have all of the prescribed terms from the 1974 Consumer Credit Act and is not valid?

 

Please advise.

[deepdebt]

Hi all,

 

Received the following from our friends in Reigate, could those who know check the validity and give me there views, thank you.

 

 

 

 

Oh I forgot the little jem, 'if you confirm that this is your signature we will of course send you a complete copy of the relevant document.

 

Wait to hear.

 

Bump