No hope of winning? ***WON*** with Default removed

[Silver]

Yea I dont live there anymore plus my name is wrong!

[Desperate Daniella]

That's okay then.

[Silver]

After the telephone call. Today I got a letter from them surprise surprise, and they manage to back date 09 Feb10!

 

Copy of the statements. Havnt even start to request for that yet!!!

 

I dont quite understand about Section 136??

 

Claiming the documents I have requested is retained by BC. I have been asking 5 times already and they keep sending the same Application Form.

 

Do I request another CCA?

[the_shadow]

Standard template holding letter...

 

£10 sentence is to advise you need to SAR for set of statements and other details.

 

Section 136 is true, under the law of property act 1926 you are entitled to be notified if the debt is sold... however if it goes more legal there is case law to request sight of the deed of assignment which they DO NOT want to disclose as it shows how much they paid for the debt.

 

1st Credit are just stating they purchased the debt, not any documentation to the debt which is held by Barclays themselves.

 

S.

[Silver]

Already sent them £5 for a stupid application form and 3 pages of random T&C over and over again!

 

Not sure sending £10 to them and getting the same thing again!

 

So bascially I should request the documentation from BC.

[the_shadow]

Already sent them £5 for a stupid application form and 3 pages of random T&C over and over again!

 

Not sure sending £10 to them and getting the same thing again!

 

So bascially I should request the documentation from BC.

 

err why are you chasing... 1st crudit said they'd go back to barclays for the application/agreement so let them....

 

If it turns out to be the same as before then you can decide the next move.

 

S.

[Silver]

err why are you chasing... 1st crudit said they'd go back to barclays for the application/agreement so let them....

 

If it turns out to be the same as before then you can decide the next move.

 

S.

 

Well there £10 charge. I thought that I have to go and request the CCA and statements.

 

Anyways how long Should I wait? for the agreement and statements?

[the_shadow]

Well there £10 charge. I thought that I have to go and request the CCA and statements.

 

Anyways how long Should I wait? for the agreement and statements?

 

Nope, there letter states Barclays hold the agreement and they will request if from them. They have 12+2 days to get this to you, if not the account goes into dispute UNTIL they comply with the s78.

 

the £10 is for a SAR which will get you statements and will be required if you want to reclaim charges or PPI unless you have a full set of statements, this is always sent to the original creditor. They have 40 days to comply with this.

 

Thing is if you have recieved a response from them in the past to the s78, theyre only going to send the same, bookworm provided a letter which basically said to them "put up or shut up" personally thats the way I'd look at it to... If youre aiming to show a judge you want to see the actual signed copy I think you've done that already without repeating ad nauseum.

 

Just my opinion tho.

 

S.

[Silver]

Is it 12+2 days from the date of the letter or when i recieved it?

[the_shadow]

Is it 12+2 days from the date of the letter or when i recieved it?

 

 

from the datd you sent your cca request off

 

S.

[Silver]

Right I need a advice here and what are my next steps.

 

I just got text message from 1st Credit. I bascially been ignoring the calls the woman who calls Just winds me up. Who does understand what they sent is application form, and not an agreement.

 

The Text Message.

'Your account will shortly be passed to out doorsteps reps, to make other arrangements please call 1st credit etc etc'

 

So far they sent me the letter 'see above' saying that they request the documents will be sent to me. I havnt recieved nothing so far apart from phones calls, which I have been ignoring.

 

So right now as I understand from what 'The shadow' said the account goes into dispute since it 12+2 days now.

 

So what now???

[slick132]

If they have not replied to your CCA request yet adapt this to reflect your own case - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429

 

[Silver]

Thanks. but already sent out simliar letter on Jan, and they quote me the Mcguffick case.

 

Just annoying when I last spoke to her. She told me that 1st Credit sent me everything that is required by law. I told her no, that they sent a application form, and 3 pages of random T&C.

 

Then I quote her Section 60 (1) That i need a original T&C and varied T&C, and that the agreement need the prescibe T&C. At that point she start ranting and raving about scottish law, goin to court etc.

 

And yet they are goin to get me the copy of my agreement from BC, which they said

 

But can the doorstep reps come over and harrass me? and nofity me by text?

[londonsmokey]

Hello, another newby to the site!

I have been reading thses posts since April 2009 and decided to send letters (templates that I got from here) to both MBNA and Barclaycard asking both to send me a true signed copy of my credit agreement. Barclaycard sent me a letter of terms and conditions with no signature from either myself or them(which was what others had said on this site), and MBNA sent me what appears to be a true signed copy of the credit agreement, 8 months later (December 2009). I have now recieved a letter for a court day for MBNA and Barclaycard are asking the full amount even though I did offer both a settlement fee........Please someone, give me some advise!!!!

[Silver]

Hello, another newby to the site!

I have been reading thses posts since April 2009 and decided to send letters (templates that I got from here) to both MBNA and Barclaycard asking both to send me a true signed copy of my credit agreement. Barclaycard sent me a letter of terms and conditions with no signature from either myself or them(which was what others had said on this site), and MBNA sent me what appears to be a true signed copy of the credit agreement, 8 months later (December 2009). I have now recieved a letter for a court day for MBNA and Barclaycard are asking the full amount even though I did offer both a settlement fee........Please someone, give me some advise!!!!

 

1st thing u need to post up a pictures of the agreement. and start new thread!

[slick132]

Silver, if you've already sent them that letter, just ignore them like they ignore your letters.

 

And don't speak to them on the phone.

 

If a doorstep caller comes, discuss nothing and tell them to leave. They will without any trouble at all.

 

See here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

[Silver]

Silver, if you've already sent them that letter, just ignore them like they ignore your letters.

 

And don't speak to them on the phone.

 

If a doorstep caller comes, discuss nothing and tell them to leave. They will without any trouble at all.

 

See here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Thanks for that I get the letter print out.

[Silver]

I got 1st credit email address if anyone interested. Don't know how they got my email. Plus you get automated response. Don't know if everyone knows or not so sorry for the repeat info.

 

[email protected]

 

 

Thank you for your email which is being processed and will be dealt with shortly.

If you are sending an email regarding a personal matter, as we are unaware of who has access to this email address, we will not disclose confidential information to the email address. If you are happy for us to respond to your query and to correspond in the future, to this email address, including disclosure of confidential information, we require your authorisation to do so.

In order to provide this authorisation please send an email to [email protected] and confirm all of the following information

1.Name

2.1st Credit reference

3.Date of birth

4.Current address

5.Email address you are authorising us to use

6.Contact Number (Home / Mobile)

Failure to provide all of the required information will result in your authorisation not being accepted.

Alternatively, you can provide the authorisation by contacting our office on 0843 320 0000 or by sending a signed letter to the following address:

1st Credit Ltd

P.O. Box 278

Reigate

Surrey

RH2 7WB

 

We aim to answer your query within 48 hours of receipt, however due to the large volume of emails we receive this can not be guaranteed.

Thank you.

Edited March 5, 2010 by Silver

[Silver]

I just got this on Sat

 

I wrote to them March 5th to get an update of the Agreement, with the letter they sent on Feb 9th.

 

Well she ignore everything I wrote!!!. Typical!!!

 

I explain to them that I was still waiting for the agreements, and that 1st

Credit will request from BC. She claim that the application form is valided!!

 

Then she goes on about S127 is not vaild because of section 15. Well last time I check the card was made out on 2001, and that the 1974 Act still applies to me.

 

a) the words “(subject to subsections (3) and (4))” in subsection (1) of

section 127 of the 1974 Act,

(b) subsections (3) to (5) of that section, and

© the words “or 127(3)” in subsection (3) of section 185 of that Act,

has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

 

Apparently I should more detailed about Section 61 and they supplied all the correct details to me.

 

Well If i quote this

To clarify s61(1) states

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

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the

creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© 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

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the

credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to

discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

How detail do they want it!!

 

Last paragraph made laugh lol

 

Anyways Iam planning to write another letter to them, but I am unsure is that the next best step. Starting to drag.

 

 

[the_shadow]

They know full well that for agreements made before april 2007 s127(3) is still in place for missing prescribed terms... they are just mis-stating it. Indeed you might want to quote this passage to them...

 

schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect. Since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case.

Bits from the CCA2006

11 The repeal by this Act of-

 

(a)the words "(subject to subsections (3) and (4))" in subsection (1) of section 127 of the 1974 Act,

 

(b)subsections (3) to (5) of that section, and

 

©the words "or 127(3)" in subsection (3) of section 185 of that Act,

 

They will never agree with you so keep the letter short and simple and factual, eventually they'll more than likely give up and pass you on to the next DCA.

 

S.

[Silver]

Ok thanks. Will update, and see how it goes!!!

[Silver]

Right Iam at a lost what to do.

 

I don't even think they even read the letter, emails that I send. They even don't know what day I send my emails!!!

 

 

This email was sent to them on 28th March & 8th April (so dont even know where they get 30th March)

 

I have received your letter dated 26 March 2010. I would like to point out that you have misstated the Consumer Credit Act 2006 Section 15.

 

11 The repeal by this Act of—

(a) the words “(subject to subsections (3) and (4))” in subsection (1) of

section 127 of the 1974 Act,

(b) subsections (3) to (5) of that section, and

© the words “or 127(3)” in subsection (3) of section 185 of that Act,has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

 

Therefore schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect. Since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case.

[slick132]

Hi Silver,

 

Of course they don't properly read emails or letters. .... they're not interested !!

 

Unless you pay them what they want, they'll continue to argue till the cows come home.

 

If you're confident about your position, let them scream and shout as much as they want. Just ignore them until and unless they take the case to court.

 

[Desperate Daniella]

Or you could just write back:

 

Dear Sirs,

 

You clearly haven't read my letters and emails of (dates)

 

Yours faithfully,

[Silver]

After 3 months of no contact from them, They sent me another email that I havn't reply back to a letter that they sent out last week. which I never recieved.

 

Which I reply and got this in the email.

 

I been dealing with them via email since March. Isn't a bit late for asking me this info no?

 

Dear

 

To enable us to discuss the account via email please complete the following authorisation requirements. Please note that until the authorisation has been received we are unable to disclose any confidential information to your email address.

 

In order to provide this authorisation please send an email to [email protected] and confirm all of the following information:

 

1. Name

2. 1st Credit reference

3. Date of birth

4. Current address

5. Email address you are authorising us to use

6. Contact number (Home/Mobile)

Failure to provide all of the required information will result in your authorisation not being accepted.

Alternatively, you can provide the authorisation by contacting our office on 0843 320 0050 or by sending a signed letter to the following address:

 

1st Credit Ltd

P.O. Box 278

Reigate

Surrey

RH2 7WB

 

We aim to answer your query within 48 hours of receipt, however due to the large volume of emails we receive this can not be guaranteed.

 

Kind regards,

 

Laura Martin

Offline Collections

Collections Department

 

Switchboard: 0843 320 0000

Fax: 0843 320 0070

Email: [email protected]

IMPORTANT NOTICE

 

This communication contains information which is

confidential and may also be privileged. It is for the exclusive use of the intended recipient(s). If you are not the intended recipient(s) please note that any

form of distribution, copying or use of this communication or the information in it is strictly prohibited and may be unlawful.

 

This communication is from 1st Credit Ltd whose principal office is at The Omnibus Building, Lesbourne Road, Reigate, Surrey RH2 7JP, United Kingdom.

 

If you have received this communication in error, please return it with the title "received in error" to [email protected]

then delete the email and destroy any copies of it.

 

1st Credit is a Registered Company in England and Wales. A list of Directors names is available from 1st Credit's Registered Office: Hill House, 1 Little New Street, London, EC4A 3TR.

Registered Number 3752940.

 

Please consider the environment before printing this E-Mail