Jump to content
  • Tweets

  • Posts

    • can't see a wayout here sadly.   if all is true and you went through a broker and he did all they claim and you laterly signed and returned stuff..   up creek with no paddle are you IMHO.   bit cheeky on all the fees mind!  
    • I very much doubt that OPS will dare take you to Court having added on an unlawful  £60 to the PCN. They have been savaged by several Judges in Court claiming the extra charge is an abuse of process and are currently discontinuing all cases just before they go to Court hoping that the pressure on the motorist for a Court hearing  will force a payment  and avoid going to Court. It is a shame that you offered to pay them the reduced amount under cover of "without prejudice" since that would have shown your willingness top pay for something that probably isn't really owed. In the meantime I would write a letter to the SRA complaining about  DCBL adding an unlawful amount when they have had their cases thrown out of Court for adding that £60 or sometimes £70. OPS were in trouble with Judge Harvey  at Lewes Court back in February for adding that £60. As  it's OPS as opposed to any other car parking crooked company, I would be inclined to write to Judge Harvey asking for his comments. I cannot find the cse online but it was reported in this Forum a couple of months ago. I am sure that one of the Site members will be able to find it for you.  
    • Hi. In that case I probably did it wrong, the N244 asked for 'evidence in support of the application' and I assumed I had to include all the points that were mentioned on here in the N244, as well as any other reasons why I thought I have a chance of defending a Set Aside if one is granted.    If I've messed it up I've messed it up and need to move forward from here and give it the best shot for the £255 it's just cost, I also need to liaise with DCB Legal asap and then email the documents to the court next Wednesday, so your help would be much appreciated.   The court letter says I have to: 'liase with the other party to agree the key documents required by the judge essential to the case' and I have no idea what this means?   Is there any particular documents I should be asking DCB Legal for when 'liaise' with them?   Do I have to send DCB Legal  a written statement?   Do I have to send them the photos of trees hiding their signs at the entrance etc. Or do I just need to ask them to agree to show the court the original documents/Demands and letters OBS sent to me? Is there any particular documents I should be asking DCB Legal for when 'liaise' with them?   Should I be asking them to provide proof of planning permission for the signs and permission from the landowner etc at the time?   In court: Should I mention the 2 year time delay and accrued interest since the final demand and applying for a CCJ?   Should I be mentioning anything about DCB Legal instructing DCBL and the extra £90 they added to the total amount (for sending one letter)?     If I lose this, and have to pay the CCJ, does that mean DCBL will then start chasing me for the £90 cost for their letter?   Thanks again        
    • the payment is not by you so does not reset the time bar.   dx  
    • Thanks for having a look,    2 x MBNA accounts been paying for 3 years every month sold to PRA group although never defaulted,   I put in a complaint to MBNA which got nowhere. 1.3k left on each and AP markers being added every month.   I will try and pay them both off in the next 3 months. I have complained again to MBNA about having them default last week so see what that brings just purely for my credit file 
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
wheeldeal

Help with 1st credit

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3699 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi any advice please,sent cca request to 1st credit around 18months ago,got application form back so using advice from here wrote back saying account in dispute,heard nothing till a few weeks ago,so i sent account in dispute letter again saying no cca,today i got this from them plus t&c,any advice what to do nowc1.jpg

c2.jpg

Share this post


Link to post
Share on other sites

Send them this;

 

Dear Sir or Madam,

 

 

Account no

 

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated ........, the contents of which are noted

 

Your attention is drawn to the fact that this account is subject to a serious dispute. On ......... I requested that ........... supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ........... have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to .............., nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© 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.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify S.61(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

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ............... become compliant with my request. As ................ are still not in compliance with my request I insist that the following takes place with immediate effect

 

All entries which refer to missed payments be removed from my credit file

All collection activities cease with immediate effect until ............. comply with my request from .date........... or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

 

I trust this out lines the situation


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Clearly headed Application and showing page 1 of 4, where are the other 3? This is NOT a Credit Agreement as requested.

 

Brilliant advice and letter from Cerb as usual:)


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

I think I'd be thanking them firstly for confirming that the document they've sent is a true copy, and secondly for confirming that they think that the said document meets their obligations under ss.77/78.

 

The document does not contain the prescribed terms, so is unenforceable. Since ss.77/78 require them to supply you with a copy of the agreement and any other document referred to within it, and they've confirmed that they've done that, so there obviously can't be anything else that would assist them.

 

Also, as they haven't sent a statement, they haven't complied fully so are in default and cannot demand payment or enforce.

Share this post


Link to post
Share on other sites

they did send the 3 pages of terms and conditions, does that make what i have enforcable,thanks for the help

Share this post


Link to post
Share on other sites

It depends on whether the T&Cs they have provided are in fact the ones in operation at the time and are linked to the form above, or if they are the ones in operation now. Can you post them up so we can check them over?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

The debt now belongs to 1st credit can i send sar letter to them to see what charges have been added and reclaim them,i live on dla and income support so can not afford to pay a lot per month,

Share this post


Link to post
Share on other sites

The best people to SAR here will be HSBC, that way then you will know exactly what the amount was when they flogged it on, if they have indeed sold it to 1st crud.

 

Did you receive a Notice of Assignment (NOA) from HSBC?

 

What about a default notice? And have HSBC terminated the agreement?

 

Don't worry yet about how much you can afford to pay them, this really is down to YOU not them.

 

If all YOU can afford to pay them each month is a £1, then that is all they will get.

They DO NOT have ANY right to see your I&E, ONLY a Judge can ask to see that information.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Subscribing...


"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 :)

Share this post


Link to post
Share on other sites

Also, a very important point to remember, if you are in receipt of DLA as you say, or any other 'health' related benefits these DO NOT COUNT as income as they are to be used solely in relation to your illness/disability. So when doing your own calculations (not for sight of anyone but a judge should it ever go that far), use only the non-health related income you receive.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

had a look through all paperwork can find no default notice or Notice of Assignment ,in my credit file it says account closed debt assignment

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...