1st Credit

[Lola2806]

Anyone had dealings with them? They bought my debt from Goldfish & I sent a CCA request in February. Eventually last week I heard back from them, when they sent this:

 

 

 

Now I am a bit puzzled why they are asking me to confirm so much to them, rather than just sending me the agreement so I can have a proper look at it. I've not responded yet, any ideas what to say (other than just send me the agreement!)

 

A couple of days after I got this letter another one arrived offering me a 30% discount if I paid the debt within 7 days... I think that's what is making me more suspicious cos they never offered me a discount before & bought this debt from Goldfish last year. Any thoughts?

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[postggj]

Naughty Naughty

 

Confirm The Signature And You Acknowledge The Debt

[alfwithhair]

Tell them to Fork off, tell them nothing, confirm nothing

[Lola2806]

I received a letter from 1st Credit today offering me the chance to make a reduced full & final payment on the account. They even left it completely up to me how much I wanted to offer them... was so tempted to say I'll give you £5, lol!

[Lola2806]

I seem to hear from all the DCA's at the same time, this is my second thread I'm updating!

 

So, finally got a response from 1st Credit:

 

"Dear ***

Thank you for your letter of the 29th May 2009.

On investingation of your comments we find as follows:

Persuant to your written request, received on 23rd February 2009, we contacted Goldfish for a copy of your agreement. On 8th April 2009 your request was complied with and a copy forwarded to yourself.

For ease of reference I have enclosed a further copy.

On inspection of the agreement we can cofirm the relevant information required to deem the agreement a 'true copy' has in fact been included. Should you require clarification we would recommend you seek further council.

We would additionally point out, on 7th May 2009 your authorised third party: CCCS, contacted us to offer a monthly installment of £11.36. We would ask why you are querying an agreement when you have clearly already admitted liability of this debt to them, thus they have included 1st Credit within your list of creditors?

As we do not recognise and valid dispute outstanding we shall continue our attempts to collect the money owed. Given that the amount outstanding is quite substatial we reserve the right to consider the legal options available.

We respectfully request you contact out office as a matter of urgenc to discuss repayment of this long overdue debt."

 

They have sent me the exact same document that I scanned in above, which I find a bit strange as the letter they originally sent me with that stated that once I'd confirmed my signature they would send me a complete copy of the document, so naturally I assumed they actually had more than what they had sent.

 

So, looking over the agreement that I scanned in, is this actually an enforceable agreement? I've been reading over the guide to enforceability on here and it does appear to have a lot of what is needed. Although it doesn't specify a credit limit, it does state that "We will set your credit limit and cash credit limit from time to time and tell you what they are"

 

To be honest it's a lot to get my head around, so any input would be greatly appreciated!

[diddydicky]

I seem to hear from all the DCA's at the same time, this is my second thread I'm updating!

 

So, finally got a response from 1st Credit:

 

"Dear ***

Thank you for your letter of the 29th May 2009.

On investingation of your comments we find as follows:

Persuant to your written request, received on 23rd February 2009, we contacted Goldfish for a copy of your agreement. On 8th April 2009 your request was complied with and a copy forwarded to yourself.

For ease of reference I have enclosed a further copy.

On inspection of the agreement we can cofirm the relevant information required to deem the agreement a 'true copy' has in fact been included. Should you require clarification we would recommend you seek further council.

We would additionally point out, on 7th May 2009 your authorised third party: CCCS, contacted us to offer a monthly installment of £11.36. We would ask why you are querying an agreement when you have clearly already admitted liability of this debt to them, thus they have included 1st Credit within your list of creditors?

As we do not recognise and valid dispute outstanding we shall continue our attempts to collect the money owed. Given that the amount outstanding is quite substatial we reserve the right to consider the legal options available.

We respectfully request you contact out office as a matter of urgenc to discuss repayment of this long overdue debt."

 

They have sent me the exact same document that I scanned in above, which I find a bit strange as the letter they originally sent me with that stated that once I'd confirmed my signature they would send me a complete copy of the document, so naturally I assumed they actually had more than what they had sent.

 

So, looking over the agreement that I scanned in, is this actually an enforceable agreement? I've been reading over the guide to enforceability on here and it does appear to have a lot of what is needed. Although it doesn't specify a credit limit, it does state that "We will set your credit limit and cash credit limit from time to time and tell you what they are"

 

To be honest it's a lot to get my head around, so any input would be greatly appreciated!

 

"We will set your credit limit and cash credit limit from time to time and tell you what they are

 

is acceptable terminology

[diddydicky]

can you post the agrrement up? (minus personal details)

 

cant read the ones above