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Missy - v - 1st Credit

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Hi

An update on this saga

 

1st finally sent a "true copy" of the CCA and it was on 4 pages with the signature on one sheet and the terms on another. I do not remember being shown the terms and was only given the signature to sign.

 

When I did see the terms I was shocked at the extortionate interest rate. When I signed I was only told verbally the monthly repayment.

 

I believe the CCA to be invalid because as stated in the CCA1974

 

61.—(1) A regulated agreement is not properly executed unless:

 

© the document is, when presented or sent to the debtor or hirer for signature, in

such a state that all its terms are readily legible.

 

I have not contacted 1st yet however, today, I received a demand from Connaught Collections UK Ltd for the full amount.

 

I have sent a letter to 1st, the one in the templates library also saying I will not be dealing with connaught.

 

missy

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Can you scan the agreement in to check to see if it is valid.

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Yes, as suprise says we need need the document to look at it.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi

 

Thanks for your interest

 

I posted the documents in post #6 above, I think the link is:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201754-missy-1st-credit.html#post2196009

 

The sheet labelled page2 is the only sheet I was shown when I signed. I was shocked when I saw the interest rate of 33%. I would never have agreed to the loan if I knew I had to pay back so much.

 

missy

Edited by missy

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I would say that this is enforceable. Were they outside the time limit of supplying the agreement, if so, then they would have to take you to court to get it enforced.

 

Although Citi were bad with credit card agreements they are pretty hot on their loan agreements. The interest rates and figures all tallied, have you checked your figures to see if they are correct?

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Hi

 

Thanks for that. My point is not the figures being incorrect but I did not see the figures when I signed. I thought a valid CCA had to have all the elements as part of 1 document however I was only shown 1 page.

 

Missy

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update

 

Received letter from 1st saying they are going to ask original lender for true copy of CCA. Why could they have not done that months ago????

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Because they're incompetant, allegedly.

 

Sadly, many DCAs purchase accounts, or the right to collect on accounts, without the relevant paperwork and then they need to rely on the original creditor to suply copies, which isn't always possible. Poor business practice, but hey, not many people know their rights so pay anyway. CAG SPREAD THE WORD :D


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi

 

I have just checked my credit history with CheckMyFile and I am shocked at what I find. 1st have registered a default with Equifax in Jan 2009 and a note on the account saying

 

Account closed on 31/01/2009 with an outstanding balance of £x,xxx.00

 

A default with CallCredit registered in March 2009 and a symbol each month after showing an icon of a padlock. The legend for the padlock means

 

Transaction not received this month

This means that the lender operating the account has not provided your account information to the credit reference agency this month, sometimes due to the lender keeping the account status private.

 

Now this has caused my credit score to drop. I do not remember 1st sending me a default notice in Jan and in March. This account is in dispute and I thought they were not allowed to do this. Any ideas on how to proceed with this please.

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Complain to TS and the OFT for 1st crud defaulting an account in dispute.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi Missy,

 

Just like you I have problems with 1st but I was so shocked to see your Credit agreement all the pages. To this day I have never every had such a document of any Credit Card Company or Bank It always been just one page with sign here. If that is a what a credit agreement such look like then there is a God. Babybear help me when I was ready for doing something really silly with a bottle of pills and it was not asprin either. Due to 1st credit and lots more. Follow there advise and you will smell the roses again. Just dispute the stuff like I did you still get letter of them but its nothing you can't handle.

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Thanks for the advice Babybear39. Should I also contact 1st to get the defaults removed, maybe with some kind of threat of legal action?

 

Missy

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Write to them first outlining the mistakes they have made by defaulting your account whilst in dipute.

 

You might wish to remind them that they are under scrutiny from the OFT :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thank babybear

 

I have had a look in the library and did not see a template to help with the wording.

 

I have also searched for a thread but have not been successful. Can anyone help me by suggesting a format to send to 1st with regards to these illegal defaults. I am not sure how to tackle it. Should I ask then to provide evidence of the default notice that was sent etc.

 

Missy

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Hi

 

Just wondering if anyone can please point me in the right direction on this one. I am not sure how to frame the letter to 1st regarding these defaults. I am not very good at putting these kinds of letters together so they make sense. Or if someone knows of a template.

 

Missy

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Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi

 

Thanks again to everyone helping me work through this.

 

Update:

1st have written back saying they have basically sent me everything everything they have and the CCA is on numerous individual pages due to the limitations of photocopying.

 

So by their own admission they have not provided me with a 'true copy of the original CCA'. Does anyone have any advice on how I should proceed.

 

Thanks

 

Missy

Edited by missy
spelling

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I'd strongly advise you to edit your post as you are admitting to signing a CCA and 1st crud trawl these threads ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi

 

Update, Ist Crud have still not supplied evidence of a valid CCA and I have now received a demand from Mackenzie Hall demanding full settlement. I thought that if a CCA request had been sent and not resolved then the account was "in dispute" and could not be passed on to another DCA. Can someone please advise as the deadline is tomorrow.

 

Should I contact MH or !st Crud

 

Regards

 

Missy

 

NB

 

I have found the appropriate letter in the library.

Edited by missy

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Hi

 

I have just checked my credit history with check my file and found out that 1st Credit have registered a default against my account every month since march 2009. This obviously makes my credit file look very bad. Now I thought that when in the process of checking CCA agreements all reporting had to stop. Can I get these defaults removed?

 

Missy

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Very unlikely, it's extremely difficult to achieve this especially after the recent high court ruling . Even if a debt can't be enforced through the courts due to lack of a compliant CCA , it doesn't mean the debt doesn't exist, it just means that you can't legally be forced to pay it.

 

I may be wrong as its 1stCredit who have raised the default as opposed to Vanquis, but it's been said on a few threads regarding this subject it's easier to defend court cases, than taking the matter to court yourself.

The onus then falls on you to prove the case . ie that the business relationship never existed, and they could maybe produce statements and other documntation showing otherwise.

 

If I've got this wrong I'm sure someone with more knowledge will correct it and give a better expalnation for you.

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Thanks for replying

 

The point I was making was that whilst the account was in dispute then all reporting on the account had to stop.

 

missy

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The point I was making was that whilst the account was in dispute then all reporting on the account had to stop.

 

missy

 

Its been a while but I was wondering if anyone had any advise on the above point?

 

Thanks

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Its been a while but I was wondering if anyone had any advise on the above point?

 

Thanks

 

I think you may be missing the point a little bit, from my short but very educational visit to this forum, my understanding is that to comply with a cca request the creditor/dca, can provide a 'reconstituted' agreement; which if fair and proper entitles them to chase you personally for the debt! And, ergo, update your credit file accordingly, But, and it is a big but, it does not give them the legal right to persue you in the courts, because for that they would require the 'original' executed (properly signed with prescribed terms etc) agreement.

 

For you to change the details on your credit file you would need to approach the credit reference agency and the ICO, but ultimately it would probably require a court case to determine if the information on your file was indeed correct or not. Then the onus would be upon you to prove that the debt never existed, rather than the DCA/OC proving it did. Which I believe the latter to be the most advantages for persons such as ourselves.

 

As it stands, and I think that the duration between posts suggests this, the DCA isn't going to take you to court, because they can't. But, this doesn't mean that the debt doesn't exist, in which case they are entitled to reflect this in your credit file.

 

I would perhaps go over the suggestions made in earlier posts and look at other ways to resolve this, i.e. default notices etc. The fact that the original DCA has tried to pass it on to others suggest that they don't have a proverbial leg to stand on!

 

It is late and I probably should have gone to bedy byes several hours ago, so I may well and truly be off the mark. However, rest assured, if I'm wrong or missed something, the awesome people on here will be right there to put you in the right direction.

  • Haha 1

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Spot on MC, although it pains me to type it :(


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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