Cca Recieved After 18 Months !!

[DonkeyB]

No, cheerup, you do not tell it 'as it is' because you're making no effort to find out what people's problems are. Why are you here?

 

That said, I agree with you wholeheartedly that people should repay what they owe - but such a financial relationship puts responsibilities on lenders too, and I will help anyone who I feel is being treated unfairly, wrongly or unsympathetically by a creditor, debt buyer or DCA.

[cerberusalert]

Did you sign this at home or on HFC's premises? If the former there's no 'Right To Cancel'.

 

Also have they sent you a Default Notice & Notice of Termination?

[DonkeyB]

Can you give us some more history of the account? Payments made, reasons for requesting CCA, amounts outstanding etc? Any correspondence relating to the time when 1st Crudit took it over would help.

 

As Cerbs says, was it sold to 1st Credit? If so, there should be a trail of correspondence including default notice and notice of assignment.

 

I'm not sure why 1st Crudit said they may have committed an offence - they haven't. The 30-day rule/offence disappeared ages ago.

 

Have 1st Crudit threatened legal action at all?

[clairebear11]

Yes I'm Not Happy At Their Arrogance And Them Taking 18 Months To Produce My Cca. I'm Also Slightly Amused At The Fact You Spend Your Time Leaving Comments Like That On Peoples Threads - This Forum Is For People Who Are Not Here To Be Judged But Be Helped. Thanks For Your Post, You Wont Mind If I Take No Notice Though.

[DonkeyB]

???

 

Dig in to your baklog of documents, claire, and see what you still have.

[clairebear11]

This is all the correspondence i can find. Starting from when i noticed a them on my credit report and wanted to know who they were. Just after i asked them for my CCA i received a letter from Connaught Collections asking for money at the same time as 1st Credit. I sent them a letter saying i was dealing with 1st Credit and had asked for my CCA, they wrote back to say they do not hold those details and passed it onto 1st Credit even though i hadn't asked Connaught for it !

 

I then got another letter from Dzimitrowicz York Solicitors demanding payment. I wrote back to these to say 1st Credit were dealing with it and at present the account was in dispute. I didn't hear from them again.

 

I didn't get anything back from 1st Credit so i wrote to them to say they were late producing my CCA. I then recieved a letter, a month after my first request saying they will forward it when they get it. They also said a notice of assignment was posted on 6th Nov 2008 which is strange because the date of this letter was the 4th Nov 2008 ?

 

Then i never heard anything until now, when they've just sent me my CCA. The total amount of the loan was £3594.48 and the balance is £589.22

1st1.pdf

1st2.pdf

1st3.pdf

1st4.pdf

1st5.pdf

Edited March 10, 2010 by clairebear11

[clairebear11]

Letter from 1st Credit

1st6.pdf

1st7.pdf

[RiQ123]

18 months is nothing, I had to wait 4 and a half years to get hold of my agreement!

[DonkeyB]

So it's completely unclear if the debt has been sold. 1st Crudit refer to HFC as their client.

 

Connaughts IS 1st Crudit. But I notice that the dodgy solicitor letter uses exactly the same text style and layout as Connaught. What a surprise. Connaught also uses the '1st Crudit v Claire' phrase, yet it hasn't gone to court. That is pure intimidation, as is their whole 'we may take you to court and kidnap your children' letter.

 

Your name is still on one letter. Suggest you remove it!

 

Think you should be doing a subject access request on this to HFC, and a strongly-worded letter to 1st Crudit demanding to know exactly the status of this account - are they claiming to own it? Evidence of assignment would be required - clearly you haven't had it.

[clairebear11]

Thank you - i noticed it and took it off !

 

So as well as asking HFC for all there info on me i should write to 1st Credit to see if they own it ? They don't like to make it clear do they - i thought they did.

 

No i've certainly not seen any evidence of assignment, should i put this in the letter to 1st Credit ??

[IdaInFife]

To be honest I agree with cheer up

 

they can take as long as they want to send a cca - they just cannot enforce it throught the courts during that time

 

enforceable cca = goona have to come to an arrangement dependant on dn etc

[diddydicky]

i would also write to them and ask them for evidence to substantiate their proposition that if (as would be extremely unlikely- given that they have shown no cause of action), there were a judgement to be obtained the court WILL make an attachment of earnings order against you, as you are of the firm impression that the court would and could do make such an order, unless you were in breach of a prior order of the court concerning payment

[clairebear11]

Can they obtain an attachment of earnings if i don't have any earnings ?

[diddydicky]

Can they obtain an attachment of earnings if i don't have any earnings ?

 

i think you just answered your own question!!

[diddydicky]

If they obtain a CCJ the judge will either order you to pay "forthwith" (in full within 28 days) or by monthly payments (more usual) so you will have all your financial details ready for the court in that eventuality.

 

you can also make an application to review the forthwith order and change it to monthly payments

 

ONLY if you fail to obey that first order of the court can the creditor then apply to the court for a warrant for a bailiff, an attachment of earnings order, charging order garnishee, etc.

 

therefore the letter sent to you was just a crude threat designed to frighten you

 

by responding as i suggested you are showing them you are not!

 

go to the top of the forum and buy some CAG envelope stickers and stick one on the back of each envelope

 

AND PUT THE FRIGHTENERS ON THEM!

 

( AND HELP THE SITE AT THE SAME TIME)

[clairebear11]

lol thank you - i'll have a look for those.

 

I'll try and compose some letters tomorrow, see how i go.

[clairebear11]

AN UPDATE !!!!

 

Ok, I sent a letter as suggested to 1st Credit demanding to know the status of my account, asking if they own it or not and insisted on Evidence of Assignment which i haven't received.

 

They wrote back to me advising they apparently provided me with the Evidence of Assignment on 5th November 2007 and that they are aware i received it as a subsequent telephone conversation led to me paying £1000.00 on 12th Dec, 2007 and they ask me to advise them when the account will be settled !!

 

Now i do remember paying them this at the beginning before i knew about CCA's etc and i panicked but i don't remember and cant find any Evidence of Assignment. I'm not sure where to go now, can they just say they sent it to me over two years ago and i have to accept it??

 

I've also sent a SAR to HFC, they wrote back asking for i.d and my signature and then the 40 days begin. I've sent what they asked for apart from i printed my signature and not signed but i informed them the 40 days should start when they received my request not when they have my i.d etc. Hope this was correct !