!st credit response to dispute after MBNA cca return

[Nomore Baloney]

I recently sent a CCA request to 1st Credit. No response, so I sent them the default/account in dispute letter.

 

We recently got this letter as a response.

 

 

 

 

What do you recommend we do next?

 

It was for an MBNA CCard by the way, taken out in about 2001.

 

Thanks

 

NoMorebaloney.

Edited January 28, 2009 by Nomore Baloney

[Shawn0109]

your image isnt on there it dont work can you try and scan it up on here? Deleting out any personal information.

[Nomore Baloney]

Fixed it - I think!

Edited January 28, 2009 by Nomore Baloney
Sorting out the photobucket stuff!

[andygo]

1st Credit being confusing again eh?

[babybear39]

Send them this letter recorded, do not sign print your name, keep a copy with your postal receipt:

 

Account In Dispute - Please treat as formal complaint to your company

 

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)

 

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

[Nomore Baloney]

I've already sent them that letter, so perhaps they have sent the wrong standard letter back to me.

 

Thats what happens when the boss is out of the office seeing if anyone from the House of Lords is up for a bit of extra pocketmoney!

[babybear39]

Send it again as your complaint. Maybe they'll read it this time

[Dotgirl]

Hi there

 

Sorry for jumping in but I requested a CCA from 1st credit on 16th february. only response I had was for them to say they would request from their client and quoted the land act 1925 saying they dont have to priovide deed of assisgnment.

 

Today i have received a letter headed LEGAL PROCEEDINGS, dated 4th March and i quote

 

"I regret the above sum remains outstanding. We now intend to take legal proceedings agasinst you. If successful it may result in

Substantial Legal costs and interest being chharged thereafter

Entry of your name in the County Court Judgement register making it very difficlut to obtain credit in future

Subsequent failure to make payemnt could result in enforcement action

An application to your employer for an attachment of earnngs

Seizure of your assests by a County Court Baliff

A charging order agasint your property ( if owned by you)

 

If you are not resident in England or Wales legal /enforcement will be in strict accordance with the laws realting to the Country of your residence,

PLEASE TAKE THIS FINAL OPPERTUNITY TO MAKE CONTACT.

 

Please would somebody let me know what I should do.

I have no knowledge of this debt. If I for one minute believed it to be something I owe I would pay it.

I dont own my own house as it belongs to my partner and all my assests went to my ex 3 years ago!!! So my credit rating is already up the creek , I dont have anything else. But my main issue is that I DONT BELIEVE THIS IS MY DEBT and they cannot/will not provide proof.

Please help

Thank you

[ODC]

Report them to the OFT for pursuing a debt in dispute.

 

They are correct about the deed of assignment. What you actually require is the Notice of Assignment and proof that this was legally served under the Law of Property Act 1925

[Dotgirl]

hi ODC thank you

Please would you clarify. I sent the request for CCA on 16th Feb 2009. they received it on 19th Feb ( got electronic proof) What is the date of default.

I havent sent them Account in Dispute letter yet so can I still send it and can I still report them to OFT

Sorry for all the questions but I want to make sure

Can they still take me to court if they dont provide me CCA but jsut keep on with legal proceedings

thank you

dotgirl

[ODC]

They go into Legal default on 10th March 2009. They would be very foolish to take you to Court without producing a valid properly executed CCA.

 

Report them to the OFT if they send any more begging letters or threats without complying with your CCA request

[spartathisis]

They havent taken anything the OFT have told them have they?

The current terms of reference they have to abide by here The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices and here http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

Send account in dispute letter of asap, they then know it is in dispute from your side. Then complain to the Office of Fair Trading.

 

Good luck