HFC Marbles not sent CCA & 1st credit DCA now chasing

[ROSE28454]

I am trying to help my brother with some cca applications. I visited him in March and sent about 8 letters for him requesting CCA'S. I have only visited again today due to my own financial woes and now need some advice.

I wrote the first letter ot Marbles on 27.3.9 and have had no reply. In the meantime they have issued a default notice, a letter dated 3.6.9 threatening terminating of the agreement and then a letter dated 26.6.9 from 1st Credit saying thay are acting for HFC asnd threatening legal action.

My question is how to proceed re non receipt of the agreement and who to send letters to?

[cerberusalert]

Send this to 1st credit; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Also can you scan the default notice and post it up after removing identifying details?

[ROSE28454]

Send this to 1st credit; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Also can you scan the default notice and post it up after removing identifying details?

 

I have gone through his files and although he has letters referring to the default he does not seem to have actually received. Thanks for the link I will get that letter off today.

[ROSE28454]

What date are they in default from if I sent the 1st letter on 27.3.9?

[cerberusalert]

That'll be around 12th April, not that they'll check.

[ROSE28454]

That'll be around 12th April, not that they'll check.

 

Thanks. I have entered that date and sent the letter. How long will I need to wait for a reply?

[babybear39]

Subscribbing...

[cerberusalert]

How long will I need to wait for a reply?

Not very long, probably within the week.

[ROSE28454]

Not very long, probably within the week.

 

Thanks. I have just made a donation to this site and now onto MBNA. I will post a new thread

[ROSE28454]

Sorry I had posted the wrong default notice. So please ignore

Edited July 21, 2009 by ROSE28454

[PriorityOne]

I have never seen a valid Agreement for a Marbles card.... think HFC lost/destroyed them all when they played with Beneficial Finance (I heard).... or something like that. They normally send an Application form or nothing at all.

 

I've not dealt with 1st Credit though.... mine was sold to Cabot....but they bogged off when it was pointed out that HFC remained in default of my legal request and that they should liaise with HFC and not me for selling them a duff account (worded slightly more professionally )

[griffin036]

Marbles accounts were recently taken over by Aviemore ( part of HBOS) . I originaly sent off for a cca from HFC and got an application form devoid of prescribed terms. Since Halifax have taken over I sent them another CCA request ( the account number has changed ) and they have completly ignored this request. Also defaulted me despite being in default of my cca request.

I suggest you check the address from where the default letter came from, Halifax or HFC Birmingham?

[ROSE28454]

Just received a letter from 1st credit dated 10.7.9

 

It says

 

"Legal Proceedings

 

Client HFC

 

Debt £ x

 

Client ac xxxxxxxxxxx

 

We regret the above sum remains outstanding

 

If this matter is not resolved, we may have no option but to reccomend to our cliens that legal action is taken against you. If successfull you it may result in;

 

Substantial Legal costs and interest being charges

Entry of your name in the Register of Judgements, Orders and Fines, making it very difficult ot obtain credit in the future.

 

Subsequent failure ot make payment could result in enfocement action:

 

An application to your employer for an attachment of earnings:

Seizure of your assets by a County Court Bailliff;

A charging order against yor property, ( if owned by you)

 

Iff you are not resident in England or Wales legal/enforcement action would be instrict accordance with the laws relating to the Country of your residence.

 

PLEASE TAKE THI FINAL OPPORTUNITY TO MAKE CONTACT

 

 

Yours Faithfully"

 

How do I proceed with this one. I think I should just ignore it. Also do 1st Credit own the debt or does it still belong to HFC?

[babybear39]

1st crud usually purchase accounts. You could ask them in writing

[ROSE28454]

Marbles accounts were recently taken over by Aviemore ( part of HBOS) . I originaly sent off for a cca from HFC and got an application form devoid of prescribed terms. Since Halifax have taken over I sent them another CCA request ( the account number has changed ) and they have completly ignored this request. Also defaulted me despite being in default of my cca request.

I suggest you check the address from where the default letter came from, Halifax or HFC Birmingham?

 

 

Sorry but the default notice I posted was from MBNA and not Marbles. However I checked and the letters which were coming from HFC before transfer to 1st Credit were coming from Halifax.. Is this relevant?

[griffin036]

Rose - send them this amended accordingly:

 

Complaints Department,

First Credit

(address)

Your Ref: xxxxxxxx

 

Re: Marbles - Account Number : xxx xxx xxx xxx

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Complaint against First Credit for pursuing an alleged debt in dispute, in breach of the Consumer Credit Act 1974, The Data Protection Act 1998, the CPUTR 2008 and OFT Guidelines.

I note the contents of your letter dated xxx 2009 and received by myself on the xxx 2009.

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with marbles Card Services since the xxx 2009 following marbles Card Services failure to provide me with any copy of the original Credit Card Agreement relating to the account that satisfies the provisions of The Consumer Credit Act 1974 . Marbles Card Services were informed of their default by letter sent Recorded Delivery on xxx 2009 and received by marbles Card Services on xxx 2009 as confirmed by Royal Mails Track and Trace Service. To date they still have not complied with my request under s78 of The Consumer Credit Act 1974.

 

Not only is this in breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998 and the CPUTR 2008.

 

As marbles Card Services are now in default of my Consumer Credit Act request, OFT Collection Guidelines have been breached, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account be returned to marbles Card Services for resolution of these defaults and breaches, as First Credit cannot lawfully pursue any enforcement activities.

 

If First Credit chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Services and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter, and any response made in writing within 21 days.

 

Yours faithfully,

Rose (print dont sign!)

Cc : The Office of Fair Trading,

 

Credit Licence Fitness Department,

 

Room 1 C/5,

Fleetbank House,

2 – 6 Salisbury Square,

LONDON

EC4 8JX

[ROSE28454]

Rose - send them this amended accordingly:

 

Complaints Department,

First Credit

(address)

Your Ref: xxxxxxxx

 

Re: Marbles - Account Number : xxx xxx xxx xxx

 

 

 

 

c : The Office of Fair Trading,

 

Credit Licence Fitness Department,

 

Room 1 C/5,

Fleetbank House,

2 – 6 Salisbury Square,

LONDON

EC4 8JX

 

Many thanks

I have sent the letter you gave me to 1st Credit and a copy to OFT.