1st Credit - Advice please

[djdw]

I was contacted by the above vultures on 13/08/2010 by letter:

 

Dear Sir/Madam

1st Credit (Finance) Limited is attempting to contact the above named regarding a personal matter.

 

Your address has been supplied as a possible address for our subject who was previously resident at: (address from 5 years ago)

 

Please conact our offices immediately on telephone number ### and qutoe the above reference number at which time further information can be provided.

 

If you are not the individual we are attempting to contact or have any information that may assist please call us at your earliest convenience, on telephone number ###, in order that we may correct our records.

 

If no response is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevant correspodence is sent to you.

---------------------------------

I called them on the same day and was informed that I owe £1479.17 from an account with Halifax Cetelem which I was adamant had been paid off 4 years ago.

 

I wrote back with an SAR enclosing the £10 cheque (unfortunately I signed the letter) asking for all credit agreements to be included as well. I received a reply this morning as follows:

 

Dear Mr. ###

 

Thank you for your letter of the 14th August 2010.

 

Pursuant to your request please find enclosed copies of the data which is held within our relevant filing system:

 

1. Account history

2. Copy template letters which have been sent to you

 

The information enclosed completes the response to your Subject Access Request made to 1st Credit Ltd. Any information which you require and which is not included in our response should be sought from the original creditor or the relevant company to which it refers.

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What I actually received was a list of 'actions' made by 1st credit dating back to 28/10/2005 straight from their computer system and almost all of it is financial abbreviations and gobbledegook which anyone from a non-financial background (inc me) will not understand. They have left numerous answer phone messages to a phone number that I haven't had for 5 years and the letter I initially received was the only contact i have had in the past 5 years. They claim to have had trouble tracing me.

 

I now refuse to talk to them on the phone and am seeking advice.

[harrassed senior]

Good idea, never speak to them on the telephone.

 

Normally a SAR will go to the Original Creditor as they will hold most, if not all of the information you require. 1st Credit have very craftily applied your request as being entirely to them, as opposed to the OC as well, which, is conceivable correct as you have sent this to them, and not the OC.

 

What you now need to send to 1st Credit is the following:

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

If you still require the SAR then you will, unfortunately have to re-send to OC with £10.

 

Can you remember the last payment made on this alleged account, as it may well be, or approaching being statute barred. This is 6 years (5years in Scotland), from date of last payment, or acknowledgement. They may actually have done you a favour with what they did send as this should show your last payment/acknowledgement.

[harrassed senior]

as if!!!!

[babybear39]

How long is it since you've made any payment to or made written contact regarding the alleged debt?

[Big TJ]

Greetings all,

Like djdw, I have been contacted by First Credit re an outstanding amount they claim I owe to northern rock. Some rather rude and cocky individual called Mark L. called me and told me that they had taken over the debt. When I said that I had never heard of them, I was told that I soon would. I asked for some proof that they had the authority, he told me that he would get a letter printed up and sent out to me. I told him that if he ever called me again, I would slap a harassment letter in the post. But it does beg the question does First Credit have northern rock writing paper or have they got a template from northern rock. All this happened today.

[PGH7447]

it has been said that letter heads are superimposed onto dca stationary, so what do you think??

[babybear39]

It is a familiar tail indeed. But, it appears, that the OCs give the DCA vultures permission to use their letterheads