1st Credit & LCS Battle - court papers received - help

[newman]

##UPDATE - COPY OF LCS LETTER## -

 

Does anyone have any idea why the font colour icon isnt working?????? I have added my comments in bold underlined and in brackets as I cant change the folt colour

 

LCS

The Omnibus Building | Lesbourne Road | Reigate | Surrey | RH2 7JP

Tel 0843 3200020 | Fax 0843 3200001

Email:[email protected]

 

W xxxxxx Sxxxxxx Esq .. Please quote our reference in all Correspondence

 

 

19 July 2011

Dear Sirs.

Claim No: _

1stCredit (Finance) Limited-v-

 

We enclose a Notice of Change of Solicitors by way of service upon you.

 

We note that you consider that you have a CPR Part 18 request outstanding and that you require further time within which to serve a defence. ( Err well yes I do consider this is outstanding seeing as they didnt respond before today)

 

As to your request under Part 18, . we refer to your letter dated 4 July 2011 addressed directly to our client at a time when you were well aware that Messrs. Judge & Priestly were on record as acting for the Claimant (and so do i get a slap on the wrists for being naughty and writing to 1st Crud). The format of the request is familiar to us being one freely available on the usual internet debt forums (And your point is what exactly? Without the stars on these forums you **** bags would get away with murder!. Rather than take the procedural point (what exactly do they mean by this), we will respond to the questions raised and will use your numbering to respond.

 

1. You have been provided with the Agreement upon which we intend to rely. You acknowledged receiving it within your letter dated 8 March 2010. Our further letter dated 21 April 2010 refers.

2. You were advised that you were sent the default notice in May 2007. (They did state this in a letter yet no proof of postage has been received and they have never sent a copy of it.)

3. We are not obliged to provide this to you – (Very interesting – need the CAG experts opinion on this )

4(a) We are not obliged to provide copies of our recorded telephone conversations –( Is this true)

4(b) We do not possess any information from Citi as to any manual intervention on this account. Should any such information come to light we will provide it under the usual rules as to disclosure.

4© We have no information as to insurance as our client would not have been the insurer in any event. If such existed then you as the insured should be able to obtain information from any insurer involved.

4(d) We are unaware of any collection charges added to the account. We will provide any such information if it becomes available.

4( e) We are unaware of any other agency charges and whether such have been added to the account. We will provide any such information if it becomes available.

4(f) we would refer you to Part 1 of Schedule 1 and to Schedule 2. Paragraph 6 (1) of the Data Protection Act 1998. Schedule 1, Part 1, of the Data Protection Act 1998 (the "DPA") sets out the first data protection principle: -

 

(End page 1)

 

(1) "Personal data shall be processed fairly and lawfully,and, in particular, shall not be processed unless-

(a) at least one of the conditions in Schedule 2 is met, and

(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met"

 

Schedule 2, Paragraph 6 of the Data Protection Act 1998: -

 

, (1) The processing is necessary for the purposes of . legitimate interests pursued by the data controller or by

the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any

particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

 

We consider the interest of Debt Recovery a legitimate interest and 1st Credit Ltd being the third party to whom the data has been disclosed.

(CAG Experts advice here Please – did they have lawful right to process my data?)

 

4(g) We supplied details of the account to Connaught Collections, Judge & Priestly, Experion, Callcredit and Equifax (So was it them I wonder that issued the default as it is them that shows on the credit file!)

4(h) We are not obliged to provide statements for the duration of the account. You have already been provided with the statements available for the period 11 April 2006 to 11 May 2007. Our Client's letter to you dated 30 July 2011 refers.

 

Paragraph mis-numbered 3 again at page 2. :"We will comply with the rules as to disclosure during this matter. .

 

As to your letter dated 12 July 2011 again sent directly to our client, we are instructed not to apply any credence to it by responding. –( Interesting comment now that they are in a Tacit Agreement with me.)

 

As to your defence, we are instructed to consent to an extension of time. As the original limit was to expire on 21 July 2011, (This is for the compliance with CPR 18– but have they given full compliance?? we will agree to an extension to 4 p.m. on 18 August 2011. If you require further time you will be required to make an application. With regard to the defence, we will require a defence filed and served by Wxxxxxx Sxxxxx. If it is served and signed by any other person or entity we shall require the appropriate Notice of Acting to be served and filed at the same time.

 

Yours faithfully,

 

LCS~ SOLICITORS

 

Principal solicitor R D Marr

LCS Solicitors is the legal division of I" Credit Limited, registered in England and Waits number 375294(}

Registered Office: Hill House, 1 Little New Street, London. EC4A 3TR

Edited July 20, 2011 by newman

[newman]

Hang on, if it's a recon just the front page, the page with the interest rates on and the page with anything about post judgement interest will do. Plus the letter they sent with it.

 

OK just scanning this stuff now - there will be 5 documents -

1 undated letter from them that arrived WC 01-03-10 with all of the copied stuff

2 1st lot of copies of CCA from Citi bank 14 pages long with 42 points from Citi & bmibaby cards on top

3 another CCA 11 pages long and with an address that I moved from in 2004!

4) my letter in response to the stuff they sent through

5) their response to that letter where they refer to the agreement/s

 

I have no idea whay they sent through 2 lots of paperwork and there are no account numbers anywhere!

[Undercover-Elsa]

Re your coloured text..what browser are you using? If in Explorer 8 you might need to set it to compatability view (tools > compatability view)

[count orlok]

LCS has not ceased to trade and is registered with the

Solicitors Regulation Authority Robert Marr is ''principal solicitor)

the office is staffed by paralegals.

 

I stand corrected, when he (Robert Marr) contacted me I checked with the SRA (links to law Society) and there was no record of LCS Solicitors. Although I have just done another check and there is no results for LCS Solicitors; when I did a search for Mr Marr (not recently) it confirmed he was a solicitor, but it said he was employed by "our friends".

 

One must wonder if they have their own firm of Solicitors (not sure if that is the correct term for a single solicitor), why do they keep employing Judge and Priestly, could it be they think their name sounds more scary because it contains the word Judge?

[newman]

Re your coloured text..what browser are you using? If in Explorer 8 you might need to set it to compatability view (tools > compatability view)

Explorer 9

[newman]

I stand corrected, when he (Robert Marr) contacted me I checked with the SRA (links to law Society) and there was no record of LCS Solicitors. Although I have just done another check and there is no results for LCS Solicitors; when I did a search for Mr Marr (not recently) it confirmed he was a solicitor, but it said he was employed by "our friends".

 

One must wonder if they have their own firm of Solicitors (not sure if that is the correct term for a single solicitor), why do they keep employing Judge and Priestly, could it be they think their name sounds more scary because it contains the word Judge?

 

Hi Brig - I have a note on the 1st letter I got from them that said they ceased to practice on 02-06-2010 but i havent made a note of where i got that info from - I assume it was off this forum. I will dig around in a bit and see what I can find.

 

Scanning almost finished

[BRIGADIER2JCS]

The info was from the SRA who wrongly interpreted a

notice that no solicitors now work at Lesbourne Road

as that they had ceased to trade this was later admitted

by the SRA and corrected.

Colin Watts paralegal seem to run the office, Mr. Marr

remains as principal.

 

Brig

[newman]

OK here are the copies of the CCA's they sent through as well as two letters one that came with the CCA's & one that was their reposne to my letter sent when they sent the CCA's.

 

I will post the text of all the letters too in the next post.

100421 letter from 1st C response to my letter dated 08-03-10.pdf

1stC undated letter 2 CCA copies.pdf

[newman]

OK so here is the text of the documentation in the order it came in - I have done a separate post for each one

 

FIRST ONE

Letter from 1st Credit with 2 copies of "my" CCA's

 

Ist credit

 

PO BOX 278

Reigate

Surrey

 

RH2 lWB

 

Tel: 08433200000

 

-

 

Dear Mr Wxxxxxxx Sxxxxx.

 

Re: Copy agreement/Contract

Ref: xxxxxx - THis was not my account No

 

We attach an edited copy of the signed agreement in respect of the above account and

would ask for your comments.

 

a) If you confirm that this is your signature we will of course send you a

complete copy of the relevant document. We would also invite your proposals

for settling this outstanding debt.

 

b) If this is not your signature we would ask you to provide our office with a

copy of your signature from an official document, (such as a driving

licence/passport), to substantiate your claim. Please be assured that the matter

will be investigated immediately, this is not required but will of course assist

us in resolving this matter.

 

c) Where an address is detailed that you do not reside in we would ask you to

comment on whether you ever resided at the address and, if so, the period of

your occupation.

 

d) If we believe that a fraud has taken place against you we will advise you. In

these circumstances we would recommend that the matter is reported to the

local Police and 1 st Credit Ltd will of course co-operate fully to ensure the

matter is thoroughly investigated.

 

Thank you for your assistance in this matter.

 

Yours sincerely

 

1 st Credit Ltd

 

Registered No. 3752940 in England and Wales

Registered Office: Hill House, 1 Little New Street, London EC4A 3TR

 

=====================================================================

 

THIS IS THE 1st AGREEMENT THAT WAS ENCLOSED

THIS WAS SENT TO AN ADDRESS I MOVED OUT OF IN 2004 - 2 pages

0504 01 09 2002 Citibank VCS PL

 

Credit Agreement regulated by

the Consumer Credit Act 1974

 

243 376

 

This is a copy of your Agreement for you to keep. It includes a notice

about your cancellation rights which you should read.

 

Creditor:

 

Citibank International plc, of

336 Strand,

London,

WC2R 1HB

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY - YOUR RIGHTS

 

The Consumer Credit Act 1974 covers this Agreement and lays down certain requirements for

your protection which must be satisfied when the Agreement is made. If they are not, we

cannot enforce the Agreement against you without a court order.

 

The Act also gives you a number of rights. You have a right to settle this Agreement at any

time by giving notice in writing and paying off all amounts payable under the Agreement. If

you have obtained unsatisfactory goods or services under a transaction financed by the

Agreement, apart from any purchased out of a cash loan, you may have a right to sue the

supplier, us or both. Similarly, if the contract is not fulfilled, perhaps because the supplier has

gone out of business, you may still be able to sue us.

 

If you would like to know more about the protection and remedies provided under the Act, you

should contact either your local Trading Standards Department or your nearest Citizens

Advice Bureau.

 

FINANCIAL AND RELATED PARTICULARS

 

We will determine the credit limit and notify you direct. We may vary the limit at our discretion

and will notify you of any change. Minimum monthly payment will be the larger of £5 or 3% of

the outstanding balance (or the full balance outstanding if less than £5) shown on the periodic

statement of account sent by LIS to you payable within 25 days from the date of each

statement. The minimum amount or percentage or time within such monthly payment is

payable to be variable at our discretion on seven days written notice to you. There is a

minimum interest charge of 50p_ So if the interest we work out is less than SOp, 50p will

appear on your statement as the amount you must pay. After any promotional period that we

may choose to offer you relating to balance transfers has come to an end, the rate of interest

to be charged on any balance transfer shall be the same as that charged upon purchases.

The current debit rates for purchases, balance transfers and cash advances on Citibank VISA

Cards are:

 

PAGE A2

 

Debit Rates APR (variable) Monthly

Purchases 18.9% 1.456%

Cash Advances 19.1% 1.456%

Balance Transfers 18.9% 1.456%

 

A service charge of 3% will be made on the amount of any cash advance (apart from the

initial cash advance) or cheque advance (subject to a minimum of £5). Debit rates and

charges are variable at our discretion on seven days written notice to you. We do not usually

charge for servicing your account.

 

However, if at the end of each 12 month period after your account is opened and in any

subsequent 12 month period either one of the following occurs: (i) the total value of

transactions on your account is less than £1000 or (ii) if no interest has been charged on your

account then we will charge you a low usage service charge of £10 in advance for the

'fpllowing 12 months. This charge does not count as a transaction or interest when we

calculate whether the low usage service charge is payable and is not included in our

 

~APR or monthly interest calculations.

NB •.

1. In calculating the APR, no account has been taken of any variation which may occur

under this Agreement of the rate of interest or cash advance service charge payable in

the circumstances set out above.

 

2. For further information including variation please see Terms and Conditions as follows:

 

For Credit Limit - under Credit Limit

Monthly Payment - under Monthly Payment

Interest Rate and Service Charge for purchases, cash. balance transfers and cheque advances -under Charges and costs.

 

RESPONSIBLE LENDING

We appraise all applicants' financial circumstances carefully and make any credit reference or

other enquiries we consider appropriate.

 

LOSS OR MISUSE OF CARD

 

If the card is lost, stolen or misused by someone who obtained it without your consent, you

may be liable for up to £50 of any loss to us. If it is misused with your permission you will

probably be liable for ALL losses. You will not be liable for losses to us which take place after

you have told us of the theft. etc. provided you confirm any oral message in writing within

seven days.

 

CREDIT SCORING

We will use a credit scoring or other automated decision making system when assessing your application.

 

==========================================================================

 

OTHER 14 PAGE CCA DOC WITH CURRENT ADDRESS

 

PAGE B1

 

Credit Card Agreement regulated by the Consumer Credit Act 1974

 

This is a copy of your agreement for you to keep. It includes a notice about your

eaneellatien rightg, which you should rQad.

 

This agreement is between us:

 

CitiFinancial Europe plc of

87 Castle Street,

Reading,

Berkshire,

 

RG17DX,

 

and you:

 

Mr wXXXXXX sXXXXX

XXXXX

XXXXX

XXXX

XXX

 

 

KEY FINANCAL INFORMATION

1. We will set a credit limit for your Account and keep you informed what it is. We may change

your Credit Limit at any time but will tell you when we do.

2. If you have a Balance on your Account. statements will be issued monthly and will show the

payments credited and Transactions debited to your Account since the last statement. Your

Account statements will show the minimum amount you must pay and the date by which you

must make this payment. The Payment Due Date will be 25 days after the date of the

statement. On making the relevant arrangement with us, the Payment Due Date can (in most

cases) be amended.

3. Unless we tell you otherwise, the minimum monthly amount you must pay on your Account

will be (where applicable):

3.1 the greater of £5 or 3% of the Non-Citi Flex Payments Balance; plus

3.2 the Citi Flex Payments Monthly Instalment.

4. The APR is 19.5% APR (variable).

 

OTHER FINANCIAL INFORMATION

5. Your total charge for credit is £145.18. The total charge for credit is based on the

assumptions that when you open your Account you make a purchase of £1 ,500 which you

repay by 12 equal monthly repayments and interest is charged during that period at the

standard rate for Purchases. When we send you a new Card, we will show your total charge

for credit and this will reflect your standard interest rate for Purchases.

6. The standard rates of interest that we will charge you on Purchases, Balance Transfers and

Cash Advances are:

 

PAGE B2

 

243 376

 

Purchase Rate Balance Transfer Cash Advance

I Monthly Per annum Monthly Per annum Monthly Per annum

Rate (variable) Rate (variable) Rate (variable)

1.496% 17.9% 1.496% 17.9% 2.079% 24.9%

 

7. We may. at our discretion. at any time and for any period grant you a lower promotional

interest rate for any of your Purchases, Balance Transfers and Cash Advances (including

Credit Card Cheques and Purchases or Cash Advances converted to a Citi Rex Payments

facility under clause 26) ("Promotional Balances") than the standard rates set out above.

We will tell you at the time what any lower promotional rate is. If you:

7.1 do not make the minimum monthly payment required under clause 3 in cleared funds by

the Payment Due Date; and/or

7.2 exceed your Credit Limit without our permission; and/or

7.3 at any time breach the terms of this agreement in any other way,

we may, in addition to other action we may take, replace any lower promotional rate

applicable to Promotional Balances with the applicable standard rate of interest set out in

clause .6. The fees set out in clause 12 will also apply.

Interest ctta"rges are calculated and applied as follows:

8.1 Purchases

If you pay in full the Balance shown on your current statement by the Payment Due Date,

you will not pay any interest on Purchases shown on your statement. If you pay in full the

Balance shown on your current statement by the Payment Due Date but did not pay in

full the Balance shown on your previous statement by the Payment Due Date, we will

charge interest on each Purchase shown on your previous statement on a daily basis

from the date of the relevant Purchase until you have paid the Balance in full. For the

Balance to be cleared in full. this payment will need to include all interest accrued since

the date of the statement until your payment clears onto your Account.

8.2 Cash Advances, Balance Transfers and Citi Flex Payments

Interest is charged from the date of a Cash Advance until it has been repaid in full.

Interest is cbarged from the date a Balance Transfer and/or Citi Flex Payments facility is

charged to your Account, until it has been repaid in full. For these balances to be repaid

in full. any payment will need to include all interest accrued since the date of the

statement until your payment clears onto your Account. Interest will accrue to your

Account on a daily basis and will form part of the interest Charged on your statement.

8.3 If we charge interest to your Account on any statement, this will be a minimum of 50p.

Any billed Account Charges will immediately attract additional interest. As we charge

interest on the daily outstanding balance, interest charges will increase the longer

payment is delayed.

9. All payments we receive from you will (unless otherwise required by law) be applied to your

Account in the following order:

9.1 Citi Flex Payments Monthly Instalment (to be applied to each Citi Flex Payment facility in

the order of creation);

9.2 other interest and Account Charges;

9.3 existing Promotional Balances -lowest rates first;

9.4 new Promotional Balances - lowest rates first;

9.5 existing Purchase balances and non-promotional Balance Transfers - in the order in

which they were debited to your Account as shown on the monthly statement;

9.6 new Purchase balances and non-promotional Balance Transfers - in the order in which

they were debited to your Account but not yet shown on the monthly statement;

9.7 existing Cash balances shown on the last monthly and/or previous statements - in the

order in which they were debited to your Account as shown on the monthly statement;

 

PAGE B3

 

243 376

 

9.8 new Cash balances - in the order in which they were debited to your Account but not yet

shown on the monthly statement; and

9.9 the balance of each Citi Flex Payments facility (to be applied to each facility in the order

of creation).

10. In calculating the APR and the total charge for credit, we do not take into account any

changes in our rate of interest that may occur.

'11. We will regularly monitor your Account and the rates of interest charged. We may. at our sole

discretion. vary the rates of interest charged at any time. In varying int~r~st rates we may

consider factors such as our assessment of your creditworthiness (based on how you have

maintained your Account and information provided by credit reference agencies) or general

market conditions. We will always give you notice of any such changes to your rates of

interest.

 

KEY INFORMATION

 

12. In the instances stated below. your Account will be charged with the following service fees

(unless otherwise specified, interest will be charged at the standard rate for Purchases):

12.1 Late fees: £12 each time we do not receive the minimum payment required on or before

the Payment Due Date specified on each statement;

12.2 Overlimit fees: £12 if your Account Balance exceeds the Credit Limit on the statement

date;

12.3 Returned payments: £12 each time a payment to your Account is not honoured when

presented for payment: and

12.4 Insufficient funds: £12 each time you use a Credit Card Cheque issued from your

Account when you do not have sufficient funds to cover this amount (for non-promotional

Credit Card Cheques. interest on this service fee will be charged at the standard rate for

Cash Advances; for promotional Credit Card Cheques, interest on this service fee will be

charged at the promotional rate applicable to the relevant Credit Card Cheque).

13. The annual fee payable on your Account is £0. If an annual fee is payable. it will be charged

on the anniversary of the Account opening date. No interest is charged on annual fees.

14. A service fee of 2% will be charged to your Account on the amount of any Cash Advance from

a Banking Facility (subject to a minimum of £5). Interest will be charged on this fee at the

standard rate for Cash Advances. If a Cash Advance from an ATM requires more than one

withdrawal. each withdrawal will be treated as a separate Cash Advance.

15. We will charge a service fee to your Account in relation to other Cash Advances. Such service

fee will be the higher of (i) £5 or (ii) 3% of the amount of each such Cash Advance. Interest

will be charged on this fee at the standard rate for Cash Advances.

16. We will charge a service fee to your Account in relation to Balance Transfers. Such service

fee will be 3% of the amount of each Balance Transfer (subject to a minimum service fee of

£5). Interest will be charged on this fee at the standard or promotional rate applicable to the

relevant Balance Transfer.

17. We will convert any Transactions that are made in a foreign currency into Sterling/Dollars

(whichever is applicable to your account) at the exchange rate set by Visa or MasterCard on

the date we process the Transaction. We will charge to your Account 2.75% of the value of

each foreign currency transaction made and the Sterling/Dollar (whichever is applicable to

your account) amount shown on your statement will include this fee. In the case of a Cash

Advance, this charge will be in addition to the service fee in clause 15.

18. Should you request a copy, an administration fee will be charged for the documents listed

below:

18. 1 £3 for each copy statement (this will be charged to your Account and interest on this fee

will be charged at the standard Purchase rate);

: 18.2 £10 for an authorised sales voucher (this will be charged to your Account and interest

, will be charged on this fee at the standard Purchase rate);

18.3 £10 for the information we hold about you and your Account. in accordance with clause

39.12 and the Data Protection Act 1998 (we will ask for this payment separately);

18.4 £1 for a copy of your agreement (this will be charged to your Account and interest on

this fee will be charged at the standard Purchase rate).

Edited July 20, 2011 by newman

[newman]

And mye response to all that was the following letter -

 

1st Credit,

Administration Dept

PO Box 278

Reigate

Surrey

RH2 7WB

 

Monday, 08 March 2010

 

Dear Sir/Madam

 

Your Ref xxxxxxxxx

Citi Financial Acct No xxxxxxxxxxxxxxxx

 

Before I continue I wish to establish that I am not seeking to avoid responsibility for any alleged debt or breach of any alleged agreement that I may have or have had.

 

I am writing following receipt of an undated letter from your company and some documentation this week, purporting to be an edited copy of a credit agreement that existed between me and Citi Cards.

 

Firstly your letter states that the documentation you enclosed was signed and you have asked me to confirm that my signature is the one on the paperwork. In the documentation you have sent to me there are no signatures whatsoever I am therefore obviously not in a position to comment any further on this matter.

 

If you check your files you will see that I wrote to your company on 21-06-07 (Almost three years) by recorded delivery (ref No xxxxxxxx) asking for a signed true copy of the above agreement number with the with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 postal order as the fee payable. This letter was delivered and signed for on 23-06-07

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 6th July, 2007. Because the request was not satisfied after a further calendar month, your company committed an offence. Therefore on 6th August 2007 this time limit expired.

 

In the 33 months that have elapsed since I first requested I have never received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become irredeemably unenforceable by law. As you are no doubt aware subsection (6) states:

 

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; and

(b) If the default continues for one month he commits an offence.

 

As such, when the 12 working days expired (from your receipt of the request for the agreement and supporting documents) the account was in dispute, which your company was informed about and a complaint was lodged with the Financial Ombudsmen.

 

As you are aware whilst an account is in dispute the agreement is unenforceable and no interest can be added to the account nor can any action be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account should not have been passed to a Debt Collection Agency such as yourselves. And lastly, I am not obliged to make any further payments to the account. Essentially, the account was ‘held’ as it was on the date of the CCA request expiring (6th July, 2007)

 

I then wrote to you again on the 30-11-07 by recorded delivery (REF xxxxxxx) and this letter was delivered and signed for on the 03-12-07 by L Brazier. In this letter I stated then that because you had not complied with my original request in a letter dated 21-06-07 for an original signed copy of the executed agreement and statement of account that It was then and still is now my consideration that you have been unable to supply an agreement because no such agreement exists.

 

Consequently, after 33 months of your company being unable to comply with my legal request, I still do not acknowledge any debt to your company.

 

I confirmed in my letter of 29-11-07 that if I did not hear from you within the legal timescales that I would consider the matter closed, which is still my position. As 33 months have now passed since my original request for information, it is clear you are unable to provide me with the information I have requested and I must insist that you cease chasing this unsubstantiated debt with immediate effect.

 

Furthermore, you are totally aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and is therefore a complete defence to any court claim that is issued. Please take note that any legal action you may contemplate will be vigorously defended and contested.

 

Because you have not been able to provide me with the relevant documentation within the legal timeframes, any debt that you are attempting to recover is now irredeemably unenforceable. As you are unable to provide me a signed True Copy of my original Credit Agreement with Citi Cards and as the alleged debt is irredeemably unenforceable, I require the following action from 1st Credit :

 

1. All payments made to date to Citi Financial for this account (xxxxxxx) should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Citi Financial or 1St Credit. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force 1st Credit or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.

 

I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I stated in my letter of 29-11-07 that any further action on your part or that of my alleged original creditor pursuant to your and/or their breaches of my statutory rights would be taken as a wilful act of harassment and each instance would be reported to the police.

 

As you have now chosen to ignore my statement in my last letter I consider that your latest correspondence to be a wilful act of harassment and unless my requests are complied with within 14 days I will not hesitate to immediately report your company to the police for harassment.

 

I will not hesitate to take this matter to court if you continue in this harassment. As you are aware, your non-compliance with my request meant that your company has committed an offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale.

 

Yours faithfully,

 

Mr W Sxxxxxx

Edited July 20, 2011 by newman

[newman]

and then they sent this letter - the one they refer to in the cpr 18 response received today attached above

 

1st Credit Limited

The Omnibus Building

Lesbourne Road

Reigate

Surrey RH2 7JP

21st April 2010 Tel: 01737228555

Fax: 0843 320 0070 •

 

Dear Sir

 

1stCreditreference: xxxxx_

 

Thank you for your letter dated 8th March 2010.

 

I have had the opportunity to look into your account and comment as follows.

 

With respects to the letter enclosed with the copy of your agreement, we would clarify this being a computer generated letter, dispatched when an agreement IS issued. Clealiy this was an administrative error which we apologise for.

 

We are aware that the copy agreement was not supplied within the specified time period however, on provision of this document, the debt has once again become en• forceable. Therefore your assertion that this debt is now 'irredeemably unenforceable' is incorrect.

 

Please note that the request for a copy agreement was made to 1st Credit Ltd, not CitiFinancial therefore your comments that the account should not have been passed to 1s;Credit Ltd are incorrect.

 

The copy agreement which was sent to you is a true copy of your agreement with CitiFinancial and from your comments it appears necessary to clarify the definition of

a 'true copy' of an agreement.

 

Where a creditor receives a request to supply a copy of the executed agreement, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983apply. Regulation 3(1) sets out that 'every copy of an executed agreement ... shall be a true copy'.

 

Regulation 3(2) goes on to state that there may be various information omitted from this true copy. Details which are not required to be in the agreement by law include the signature box, signature and date of signature. Therefore the effect of Regulation 3(2) is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to. The creditor is not obliged to make an actual photocopy of the agreement.

 

Therefore 1st Credit Ltd has complied with the obligations of the law and has provided you with a true copy of the agreement.

 

For your records ~and pursuant to your CCA Section 78 request, your statement of account is as follows»

a) The state of the account = £6,727.12 outstanding.

b) The amount, if any, currently payable under the agreement by the debtor to the creditor = £6,727.12.

c) 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 total for credit or ==£6,727.12.

 

As the Copy Agreement and Statement of Account has been supplied, our obligations regarding your request for information under Section 78 of the Consumer Credit Act 1974 have been fulfilled and the default no longer continues.

 

We would decline your requests for a full refund of the payments made towards the account.

 

We advise that your request for us to remove your data from either our records or the credit reference agencies is unjustified as you have a debt that is due and payable, with no clear substantiated dispute.

 

Further, you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; additionally this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

 

Should we receive correspondence from any of the regulatory bodies we shall respond to them accordingly.

 

We' would therefore respectfully request you to contact our office within 14 days from the date of this letter to discuss a payment arrangement for this account.

We; look forward to hearing from you.

 

Yours faithfully

 

Humera Shamsuddin

Compliance Officer

Registered No. 3752940 in England and Wales

Registered Office: Hill House, 1 Utile New Street, London EC4A 3TR

Edited July 20, 2011 by newman

[BRIGADIER2JCS]

Odd , just received 32 email alerts all at once,all from CAG???????????????

[newman]

Odd , just received 32 email alerts all at once,all from CAG???????????????

hopefully that had nothing to do with me!!!

[BRIGADIER2JCS]

Hi Newman,

Just had another 9, all in one block, the site

seem a little jittery tonight.

[newman]

Brig - are these related to this thread

[BRIGADIER2JCS]

All CAG but every bl**dy thread that's current just had 6 more.

[newman]

oh dear - hopefully the Site team will sort this out very soon.

 

I am going to have some time away from this PC now as my head hurts!!!

 

Loking forward to strategising the next move - sorry guys there is a lot of detail to wade through.

[BRIGADIER2JCS]

It's all those little gold envelopes popping up

getting me dizzy:madgrin:

[newman]

Chaps I am calling it a night - so will pick this up again tomorrow.

 

Please shout if there is any other information needed at this point and I will do my best to provide it ASAP.

 

Brig I hope you get things sorted out!!

[BRIGADIER2JCS]

Thanks Mate sleep well:madgrin:

[cymruambyth]

Hi Newman

 

My suggestion would be to write a brief reply to LCS stating that you are sorry that is as a LiP you had sent your CPR 18 to the wrong people, but as they were now in receipt of it you would be grateful if they could address all the points raised.

Make sure you send the court a copy of the extension you have been given, just in case they forget and go for judgement.........

[BRIGADIER2JCS]

Hi Cymru are you suggesting that they may try to pull a fast one,so unlike this organisation:madgrin:

[cymruambyth]

Brig, I don't know wher you would get such an idea:!: I am just so grateful for their behaviour ..... they sent me in the direction of CAG et al

[BRIGADIER2JCS]

And welcome your contribution has surely been.

 

Brig.

[Undercover-Elsa]

5 guests! Good morning