1st credit and Lloyds TSB Platinum credit card

[tomterm8]

can an expert answer this please???

 

much appreciated

 

hunterandthehunted

 

A notice of assignment can come from either party.

 

it is important to look at what the assignment covers... if it is from first credit, then it will cover the rights and not the obligations of the contract, which is important.

[hunterandthehunted]

hi everyone,

 

i have noticed that 1st credit have not took there monthly payment of £58 which was due on the 23rd of feb. the payment method is done by direct debit and payment has been made in this way for the last 10 months.

 

i suspect that it has something to due with the CCA request. also they have not communicated in anyway at all.

 

is this normal behaviour from 1st credit. some advice from the experts would be greatly appreciated...

 

regards

 

hunterandthehunted

[hunterandthehunted]

bump

[tomterm8]

Most DCAs will take the money if you have a DD set up... Maybe they have sold it to some one else, or returned it to the creditor?

[hunterandthehunted]

thanks for your response tomterm,

 

can they sell it on if the account is in dispute?

 

they still have not took the monthly payment at time of writing. would it be unreasonable of me to ignore it, should i send a cheque perhaps?, after all the DD is still active. would they be able to take a double payment next month, or even a triple payment the month after that.

 

also while i am here, the time limit for my CCA request is up on the 9th of march and basically would like to know what to do next.

 

is there a template letter i could use to let them now that this account is now in dispute?

 

thanks in advance...

 

hunterandthehunted

[Carriep]

Hi,

 

I work for a BBC1 consumer affairs programme called "Don't Get Done, Get Dom", in which presenter Dominic Littlewood attempts to resolve issues that have arisen between consumers and companies.

 

Having read your story, we would be extremely keen to hear from you to see if there is anything we might be able to do to help.

 

If you would like to talk to us, please get in touch at:

 

[email protected]

0207 713 6868

 

Thanks very much,

 

Robert Gershinson

Don’t Get Done, Get Dom (BBC1)

[hunterandthehunted]

thanks but no thanks,

 

i do not want to draw unwanted attention to myself...

[hunterandthehunted]

dear experts,

 

the 12 + 30 day period are up for my CCA request. 1st crud have admitted to me that they have not got it.

 

they threatened court action, everything is quite at the moment, not even a phone call. they also failed to take their monthly payment from my bank account last month for which i failed to remind them.

 

my question is: what do i do now? or do i just wait to see what they do?

 

best regards

hunterandthehunted

[B3rty]

Send the account in dispute letter just in case they try to sell the debt on

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

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 in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

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

[itsamomentintime]

1st crud have admitted to me that they have not got it.

 

congratulations!

 

cancel the direct debit. after all, 1st credit have admitted that they have no legal right to expect any monies from you

[tomterm8]

thanks for your response tomterm,

 

can they sell it on if the account is in dispute?

In theory no, in practice the OFT guidance does not seem to stop them.

they still have not took the monthly payment at time of writing. would it be unreasonable of me to ignore it, should i send a cheque perhaps?, after all the DD is still active. would they be able to take a double payment next month, or even a triple payment the month after that.

i would be tempted to cancel the DD at your bank.

also while i am here, the time limit for my CCA request is up on the 9th of march and basically would like to know what to do next.

Wait.

is there a template letter i could use to let them now that this account is now in dispute?

Personally, I would not send them a further letter until they send you something further

thanks in advance...

 

hunterandthehunted

 

If you do need to send them a letter, something short and to the point:

 

Dear Sir/Madam

 

Re: Ac no XXXX

 

With regard to the above account, i sent you a formal request for the original credit agreement on DATE. You recieved it on DATE. I have cancelled the direct debit, and will cease payments until you provided it, as I am entitled to do so under the Consumer Credit Act 1974.

 

I will resume payments once you provided it, as required by law.

 

Yours Faithfully,

 

XXXX (type don't sign)

 

personally, i would wait for a month or two though without sending further letters.

[hunterandthehunted]

thanks for all your comments guys...

 

i will have a think about my next move and keep you all posted...

 

thanks

hunterandthehunted

 

hello,

 

what is the correct address to send a cca request to. i defaulted on a platinum credit card many moons ago and have been pursued by Bls collections for the debt.

 

do i send it to lloyd or bls?

 

also is there an up to date cca request template anywhere on this site?

 

thanks in advance

 

hunterandthehunted

[maroondevo52]

Hi,

 

Send it to BLS.

 

Letter 'N' in the library.......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send with a £1 postal order, recorded and don't sign it.

 

Regards.

 

Scott.

[hunterandthehunted]

thanks maroon

[odds]

hello,

 

what is the correct address to send a cca request to. i defaulted on a platinum credit card many moons ago and have been pursued by Bls collections for the debt.

 

do i send it to lloyd or bls?

 

 

thanks in advance

 

hunterandthehunted

 

BLS and they will pass it accross the office to their colleagues at Lloyds

BLS are part of Lloyds, look at the bottom of the letters, the small print.

[hunterandthehunted]

thanks odds,

 

i did know that bls are the in house dct, but i wanted to make sure whether it was ok to send it to them or whether i would have to send it to a specific Lloyd's address.

 

i sent a cca request to the co-op at the Liverpool address once and it got lost because i was supposed to send it to their Manchester address.

 

just want to be sure, but thanks anyway

 

hunterandthehunted

 

is this the address:-

 

bls collections

po box 467e

oxford

ox4 1wa

[odds]

is this the address:-

 

bls collections

po box 467e

oxford

ox4 1wa

 

Yes, but don't expect it to be signed for as it's a PO Box. I sent mine to MHA as it was them that contacted me, but it was Lloyds that replied eventually(4 months or so).

[hunterandthehunted]

Yes, but don't expect it to be signed for as it's a PO Box. I sent mine to MHA as it was them that contacted me, but it was Lloyds that replied eventually(4 months or so).

 

good point odds,

 

what should i do do ya think as i thought sending it signed for was one

of the golden rules.

 

there are some other address's at the foot of the page.

 

regards

 

hunterandthehunted

[JGJ]

hunterandthehunted.

 

Send it here and you will at least receive a written proof of delivery PO box no sig.

 

Consumer Debt Recovery Team

Lloyds Bank Plc.

Queens Road Quadrant

Brighton

BN1 3XJ

They deal with CCA requests etc. Trading Standards have recommended the address and not the PO box one.

 

"EXEMPLO DUCEMUS"

[hunterandthehunted]

thanks for that JGJ

[hunterandthehunted]

hi all,

 

its been 15 months since my cca request. i have had no communication with 1st crud what so ever in this period , they even cancelled the monthly payments themselves ( direct debit ) and all of a sudden a cca has arrived with the post this morning accompamied with a letter, inviting me to ethier confirm that it is my signuture on the agreement or if it is not, to provide them with a sample.

 

i have to say that it is my signature but am suspicious as i signed the cca request back in feb 2008.

 

i also received loads of statements which correspond to my now closed current account.

 

could somebody advise on what i should do next?

 

thanks in advance

 

hunterandthehunted

[babybear39]

Can you scan and post the 'CCA' (minus personal details) please?

[lickthewallfatboy]

they tried that with me a few months back-a letter with confirmation requested as to the veracity of a signature on an unenforceable piece of crap

 

yeah,right....like that's gonna happen!! LOL

[hunterandthehunted]

hi babybear,

 

yes no problem, here it is with the letter which came with it.[/img]

 

bear with me babybear i seem to have forgot how to use photobucket

 

ok, here is the letter.....

 

 

and here is the cca

 

[twofoot]

Without the other 2 pages it's worthless.