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tomturn

tomturn v 1st Credit

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Hi all,

I'm quite new to all this and have had some dealing with 1st Credit as well!

First of all I would like to thank you all for the excellent information and letter templates.

I sent the 'CCA request' to 1st Credit in which they sent a letter of acknowledgment.

I then sent the letter 'DCA refuses to comply with a CCA request'.

They then sent the following letter...

 

Ref: Complaint Final Response

Thank you for your letter of the 22nd July 2009. A copy of our complaints procedure has been sent under separate cover.

We have previously requested the copy agreement from the Halifax Bank which shall be forwarded to you as soon as it is received.

We note that the Copy Agreement will not have been supplied within the specified time however, if an offence is committed, that does not affect the rights and duties between us. The Consumer Credit Act 1974 provides defences to any offence which we believe would apply in this case where we have to obtain documents and information to answer your request from the original creditor. We are not obliged to provide you under the Consumer Credit Act 1974 with a full statement of account detailing all debits and credits. However, please find below statement of account in accordance with section 78 of the Consumer Credit Act 1974 as amended 2006.

(a)the state of the account—current outstanding balance of £3,778.94.

(b)the amount, if any, currently payable under the agreement by the

debtor to the creditor....£3,778.94.

©the amounts and due dates of any payments which, if the debtor does

not draw further on the account, will later become payable under the

agreement by the debtor to the creditor....£3,778.94.

 

We are fully aware that we cannot enforce a debt until the CCA request has been adhered to. Our client states that although currently unenforceable, the debt remains due and payable.

I am unaware of any legislation that states a default notice or data that is believed to be correct must be removed whilst a CCA request is being dealt with and would ask which statute you are relying on.

You have not specified upon which ground you rely for your notice under slO of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

Our aim is to resolve all complaints internally. However, in the event you remain dissatisfied with our response, you may refer the matter to the Financial Ombudsman Service within six months of the date of this letter. A copy of their leaflet is enclosed. We hope that we can resolve matters for you before you take this step.

 

Yours sincerely

Audrey Shim-Quee Compliance Officer

 

I'm at a loss of what to do now!

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Thread started for new member.

 

Welcome to CAG, tomturn


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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I would suggest you have a browse round the Halifax forums to see what is happening with other CAGers.

 

Until you receive a copy of the agreement/application form there is little you can do.

 

I would suggest that you understand fully the content of letters before sending them to the likes of 1st Credit .. or any DCA for that matter. They have a way with words that would confuse Einstien :rolleyes:


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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well was it a credit card loan.

 

if it was me i would be sending a sar to Halifax now it cost £10 ask for everything statements cca everything they have.

 

see templates letters.

 

there is nothing for you do at the moment just enjoy.

 

lilly white


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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We are fully aware that we cannot enforce a debt until the CCA request has been adhered to. Our client states that although currently unenforceable, the debt remains due and payable if you wish to do so.

 

Well that sentence says it all really.


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We are not obliged to provide you under the Consumer Credit Act 1974 with a full statement of account detailing all debits and credits. However, please find below statement of account in accordance with section 78 of the Consumer Credit Act 1974 as amended 2006.

We are fully aware that we cannot enforce a debt until the CCA request has been adhered to. Our client states that although currently unenforceable, the debt remains due and payable.

 

Our aim is to resolve all complaints internally.

 

Standard dismissive nonsense from the 1st Crud rogues....:rolleyes:

No CCA = no payment = end of.

Report them to the OFT.

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Thank you all for your comments, I will wait and see what happens!

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It does get to be a sport playing this game with em

 

I have been waiting over 14 months for a CCA of em so have patience. they sent the same piece of unreadable paper to me 4 times and told me it was all they had to do... just keep pressing them

 

some say they are close to being shut down, so the more complaints to OFT the better.

 

"We have previously requested the copy agreement from the Halifax Bank which shall be forwarded to you as soon as it is received."

 

.......that can mean we will send a duff few sheets that we expect you to be happy with and not moan about.

 

 

"Our client states that although currently unenforceable, the debt remains due and payable."

 

Mastesr of spin and double talk - if it aint enforcable it aint payable unless they expect you to be nice and pay up for fun

Edited by questioner

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Subscribing...I see 1st crud are sending begging letters again :rolleyes:


"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 ;)

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We note that the Copy Agreement will not have been supplied within the specified time however, if an offence is committed, that does not affect the rights and duties between us.

 

All this shows is that Worst Cretin's governance is so dire that they have failed to notice that the offence was repealed by subsequent legislation.

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