Help with 1st credit please

[mickyblueyes]

Hi All

 

New to the site so bear with me.

 

I have recently been in undated by 1st credit regarding an AA account that i defaulted on mainly due to massive charges and they kept increasing the interest rate untill it got 33.5%.

 

Anyway i received a letter from 1st fiance stating that they now own the debt and that i should not contact AA finace regarding this account.

 

They also stated that they have done a search and they know that i own my property (well I will do in about 18years) and they would be seeking a court order to get a charging order on my home then they would force me to sell it to repay a debt of £3K.

 

Now i know the odds of them actually being able to do this are tiny, but can anyone put my mind at rest.

 

I have sent them the CCA letter and they have responded with

 

"we refer to your recent request a copy of the relevant agreement.

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

 

Now i thought that if the DCA does not hold the CCA then they cant touch you??????

they also state that if i want a breakdown of how the amout has been accrued then i would have to send them £10.

 

 

Anyone have any ideas or comments?

 

Thanks in advance for any help

 

Mick

PS forgot to mention they are ringing upto 10 times a day, but i ignore the calls.

[ODC]

Bog Standard stuff from Worst Credit. They are obliged to send you an up to date Statement of Account with your CCA request it's in s77(1)(a)(b)© of the Act for loans or s78(1)(a)(b)© for credit cards

[B3rty]

These are standard threats...they cant get a charging order unless you have defaulted on a CCJ....so unless they have a CCJ that you're not paying on dont worry

 

Have a read of this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html

 

They have acknowledged your CCA request and if they dont respond with in 12 working days days send the account in dispute letter below

 

Dear Sir/Madam

 

Re: my request under the Consumer Credit Act 1974

 

Account In Dispute

 

Ref:

 

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests other than acknowledgement of the request it's self

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have 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.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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

 

 

Your name

Name

[mickyblueyes]

Thanks B3RTY the CCA thread is interesting reading.

 

The letter is really handy tool to boot.

 

Many thanks

 

Mick

[alfwithhair]

Edit the above letter before you send it

The section

"If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence."

No long applies

[mickyblueyes]

Thx Alf.

 

Have they changed the law recently?

 

Mick

[alfwithhair]

Yes, was sometime in 2008, April or October

[B3rty]

I forgot to change that letter its quite old..I dont think it was ever a criminal offence but that the interpritation a few years ago where as now its just an offence..I suppose if it was a current account with the OC it would add a little more weight in court

[ODC]

The summary offence bit was moved after the introduction of the Consumer Protection from Unfair Trading Regulations 2008

[Nomore Baloney]

Would it be a good idea to get someone to modify the template letter?