1st credit and Lloyds TSB Platinum credit card

[hunterandthehunted]

hi all,

can somebody help me please..

. i have been paying £58 a month for a £4300 debt to 1st credit, who are collecting this debt on behalf of lloyds tsb for about 9 months.

i recently recieved a letter saying that 1st credit have aquired the debt from lloyds and that payment was now due in full or they where going to take me to court.

i read somewhere on this site that if they could not provide a CCA that the debt is not enforceable in court.

 

i sent a letter asking for the CCA for which i received a letter stating that they would obtain this from lloyds and that this would take 6 to 8 weeks.

 

my first question is this,

as 1st credit are now the owners of the debt,

should they own all the paperwork,

including the CCA what goes with it?

 

i received a phone call today from 1st credit and they explained to me that lloyds have refused to hand over the CCA and that they ( 1st credit ) are going to take me to court to force lloyds to hand over the CCA and that i would incur further charges.

 

my question is

can 1st credit take me to court over this matter and if they can,

what do i do next?

 

thanks in advance

hunterandthehunted

[pt2537]

Hi there and welcome to the CAG

 

providing the Assignment was carried out correctly 1st Crud will be the owners of the debt,

 

along with the rights to the debt they also have the responsibilities too.this means that if they are demanding monies from you they must be able to supply the information under the CCA 1974.

 

now can i ask have you received a default notice ever relating to this account

 

and did you receive a notice of assignment?

 

as for having to take you to court to get the credit agreement, what a L.O.B

 

never heard such rubbish

 

regards

paul

[mr.ton]

Aaaaahh good old 1st credit/MacHall/Meritforce.

Their threats have as much chance of happening as i do of becomming prime minister tommorow

[sosumi]

This company is unbelievable!! What absolute bloody nonsense!!

Listen to Paul, HandH.

There should be a public health warning about talking to them on the phone!!

 

NEVER, NEVER, EVER TALK TO THEM ON THE PHONE!!!

NEVER!

NOT EVER!

DON'T!!!

I doubt they can get the CCA from TSB. The rest is just garbage!

PS Welcome to CAG xx

[pt2537]

Aaaaahh good old 1st credit/MacHall/Meritforce.

Their threats have as much chance of happening as i do of becomming prime minister tommorow

Hi mr.ton

 

i certainly wouldn't take that for granted, i am helping with a couple of 1st crud claims myself presently so they do go to court,however, i would say its highly unlikely that they would do such to get the credit agreement

[mr.ton]

Hi mr.ton

 

i certainly wouldn't take that for granted, i am helping with a couple of 1st crud claims myself presently so they do go to court,however, i would say its highly unlikely that they would do such to get the credit agreement

 

Ok then i stand corrected....maybe in the odd example they do

[hunterandthehunted]

hi all,

thanks for all your comments...

 

in answer to pauls questions, i received a default notice from lloyds a couple of years ago and 1st credit have been acting on their behalf ever since.

i have never received a default from 1st credit.

as for a notice of assignment, i received this letter:-

 

we give you notice that lloyds tsb bank plc has assigned to 1st credit all of lloyds tsbs rights in to and under the above detailed account.

 

as a result of this assignment the full amount outstanding on the account is now due to 1st credit.

the letter goes on threatning action if i do not comply...

 

is this the notice of assignment?

 

fter all your comments am i right in believing that 1st credit cannot take me to court to force lloyds to hand over the CCA.

should i also stop paying them the monthly £58.??????

 

Ahi again,

sorry for being a pest but i don't really understand where i stand at this moment in time :?.

 

should i just ignore their threat of court action?

 

should i stop paying the monthly payment until they have the cca?

 

any comments will help...

Edited December 12, 2018 by dx100uk
merge

[B3rty]

This has to be personal choice.....I carried on paying with a pending CCA request however if it goes over the 12+2=30 days then you can put the account into dispute and stop paying.......as is your right

 

The threats from 1st credit are just that....Lloyds have to provide a CCA for £1 its in the CCA, s.78 First Credit have the debt so take on the rights and responsibilites.....

[pt2537]

as berty said its your choice, personally if you can afford to do so you can keep paying.

one thing i strongly advise is that you contact your trading standards as they should be extremely interested in this business practice Trading Standards Central - Trading Standards and Consumer Protection information for the UK thats the main website, use the search function to find your local TS and call them and report exactley what has happened

 

i hope this helps

 

regards

paul

[hunterandthehunted]

ok thanks,

i will report it to the trading standards and will update this thread as and when 1st credit get in touch.

 

i think i will continue to pay £58 a month as was agreed. after all it is my debt.

 

the only reason i sent them a CCA request was to block any court action so that they could not get a charging order on my house, as they have also threatened... asuming, of course that they could not get the CCA.

 

incidentely, i am a joint home owner ( tenants in common ), so could they do this?

 

regards

hunterandthehunted

[pt2537]

Hi,

 

i do believe they can.

 

however a lack of a credit agreement in the prescribed form signed in the prescribed manner really blows their case out of the water. and as confirmed by the House of Lords, in Wilson V FCT no signed agreement with the correct terms means that the court cannot issue an enforcement order

 

i would seriously get hold of trading standards as a matter of urgency, and explain 1st cruds behavior

 

regards

paul

[hunterandthehunted]

ok paul and thanks,

 

i will contact them right now...

 

took pauls advice and contacted trading standards about 1st cruds behaviour via the link paul provided. They explained they would get back to me with 2 days.

 

They got back to me today and said they where there for licensing disputes/problems really and that it was not their field, so to speak... they advised me to ring citizens advice:confused: :confused: ...

 

can somebody shed some light on this please?

 

i have also received a message from 1st crud on my answer machine and have decided not to communicate with them anymore via the telephone.

 

regards

hunterandthehunted

[pt2537]

right then

 

you used the post code search and found your local trading standards and they were not helpful?

 

what a nightmare, they are tasked with enforcement of the Consumer Credit Act and you have made a legitimate request for a copy of the credit agreement and they have failed to comply, this is TS department. i cannot believe they are ignoring this

 

 

its obviously late now and i ma totally tired, i will have a look in the morning and think about the best way forward

[hunterandthehunted]

dear all.

i know you are all very busy but could someone possibly tell me the best way to tell 1st crud that i only want to commincate via post.

 

I have received several messages from them on my telephone since they threatened to take me to court, to force lloyds to hand over the CCA last week and i feel it is just a matter of time before they catch me in.

 

i have read some threads about this topic and i think it is best not to go through security.

 

ideally i would like someone to be more specific as to the correct way to express this request to them ...

[clutchingatstraws]

You could cut this about to suit,

 

 

Don't answer security questions just say "everything in writing" then put the phone down.

 

Recorded Delivery

11 January 2008

Complaint of Harassment

 

You may consider this letter as an official complaint that if not resolved within eight weeks will be taken to the FOS and OFT.

Dear Sir

Despite previous requests that I do not wish to be telephoned,

Several calls have been received from members of your staff, I consider this to be harassment please remove all of my personal and my employers business telephone numbers from your files.

If I receive any further calls from you I will report this matter to OFCOM and seek legal advice with the intention of suing for damages.

Please send me a copy of your company’s internal complaints procedure should I not receive one by return of post I will raise this with the FOS.

You have not supplied a valid CCA as requested.

I will not be making any payment to you.

I will not be calling you. This is because I do not carry out any financial business on the telephone; all business between us must be in writing.

Please provide me with proof of your lawful right to claim any money from me.

You have failed to provide proof of any right to collect any debt you may claim and have persisted in sending misleading letters intended to intimidate.

I have also stated that:

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

Take note that

any implied right of access that may have existed to my residence and grounds is withdrawn from you and any of your agents apart from Royal Mail, to this effect, for you to send a door step collector will be considered trespass and harassment and you will be held liable and reported to the relevant authorities.

I require from you a full apology and a sum with respect to compensation for the distress that you have caused to me and require you to stop contacting me with regards to this matter unless you provide me with proof of your right to collect anything from me.

Should you continue with this harassment I will report this to any authority I feel fit including the police.

I trust you will deal with this matter using all due diligence.

Kindest Regards

[hunterandthehunted]

thanks clutchingatstraws,

i think i could use this letter for when the 12 + 30 days are up on the CCA request.

is it deemed a reasonable action to just put the phone down?

regards

hunterandthehunted

[clutchingatstraws]

is it deemed a reasonable action to just put the phone down?

 

 

Of course it is, if I get an abusive or unsolicited call thats what I would do.

 

If its a DCA I usually just say "I do not discuss any financial matters over the telephone" then put it down.

 

 

When was the CCA sent?

[hunterandthehunted]

i cannot remember exactly as i have lost the signed for slip. however i received a reply on the 24/1/08 thanking me for my recent communication requesting a copy of the relevent agreement.

is this proof of my request or should i send another request?.

also like a fool i signed the letter, am i doomed to failure?

you see i am new to all this and am trying to learn and understand. anyway thats where the thread starts, when they rang me up and explained...... go to top of thread.....

 

 

thanks for listning

hunterandthehunted

[clutchingatstraws]

.The reply will do as proof, consider 24/1 as the starting date for the request then calculate 12 working days from then to their default.

 

From now on keep everything they send and copies of everything you send along with all proofs of delivery. This is essential.

 

I suggest you buy a 4 ring binder and 100 pouch pockets to keep everything in.

 

Don't worry too much about the signature.

 

Cas

[hunterandthehunted]

thanks for all your advice cas,

 

i will get that binder as well.

 

best regards

hunterandthehunted

 

i just remembered, i saved a copy of the CCA request to my p.c and it is dated the 21/1/08. Does the date start from then or when they received it.

 

regards

hunterandthehunted

[pt2537]

you need proof of delivery ideally,

 

that said, if you sent a cheque and they have cashed it, then you have proof of receipt

 

the 12 working days starts from teh day after they recieve it

[clutchingatstraws]

"however i received a reply on the 24/1/08 thanking me for my recent communication requesting a copy of the relevent agreement"

 

Their acknowledgement should suffice as proof of receipt.

 

 

Provided it mentions the CCA request.

[hunterandthehunted]

thanks for that paul,

yes i did send a cheque and they have cashed it. this also had my signature on...

 

 

cas,

the letter doesn't refer to the CCA directly. it is headed "request for copy agreement". i would upload a scan if i new how... lol

 

regards

hunterandthehunted

[inoofthepost]

My experience with "da Mob"

 

Since giving them the full blast of CCA request and all its implications and the total lack of any reply within 12 days + 30 they have disappeared into a big black hole! stay cool

[clutchingatstraws]

"this also had my signature on... "

 

Oh well if you hadn't signed it the buggers wouldn't be able to cash it.