1st Credit/Past Due Credit Solutions Demand

[Writerchris]

Hi everyone,there's a lot of back history to date relating to this alleged "debt" and 1st crackpots but am putting it in a new thread in the hope that someone'll be able to help?

 

Brief history: 1st credit don't have a CCA for this debt so I refused to acknowledge it (I'm really not sure what it is, as the amount is nothing I've ever borrowed). They sent a Stat demand three years back, I won in court, all went quiet then recently their letters and demands started up again, then all quiet for two years now this:

 

http://i822.photobucket.com/albums/zz141/writerchris73/IMAG0421.jpg

 

How should I reply? IS there anything I can do to make them go away for good?

 

Thanks

 

Chris

Edited July 7, 2012 by Writerchris

[citizenB]

Your image is too tiny to read. Please follow instructions below to post another copy

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[Writerchris]

I've removed the attachment. Image is now readable if you click the embedded link!

 

Thanks

 

Chris

[citizenB]

What happened with the stat demand - did you get it set aside and for what reason?

 

You could point out that they had previously issued a Stat Demand which you successfully set aside.

 

 

That you will vigorously defend any new litigation they might attempt.

[Writerchris]

The Stat Demand was set aside as they have no credit agreement/paperwork of the alleged debt. 1st Crackpots didn't bother to show up...So I write and tell them that? Anything else I should add?

[citizenB]

Thanks - perfect.

 

A simple letter to Past Due along the lines of the above..

 

Dear Sir or Madam

 

Account references

 

 

I was rather surprised to receive your letter DATED. It would appear your client failed to advise that on DATE, they issued a statutory demand in respect of this account. It was successfully set aside and costs were awarded to me (obviously if you didnt claim costs then remove that bit).

 

Please be aware that I consider your statement - "in order to avoid further calls and letter, I must pay immediately" - to be a threat of continued harassment, which of course is in breach of OFT debt collection guidelines.

 

I suggest you return this account to your client.

 

Yours etc..

 

PRINT OR SIGN DIGITALLY.

 

[citizenB]

Send the letter above to Past Credit..

 

You can if you wish, copy it to 1st credit "for information only".

 

Then wait and see if 1st credit decide to get in touch.

 

I am suggesting you send a copy to 1st credit, because it is likely Past Credit will return the account as uncollectable and 1st credit might just chance their arm with another DCA.

 

This is putting them on notice that you are aware of their little game.

[Writerchris]

Great. Thanks very much for the advice. Yup costs were awarded, I'll send Past Due the letter!

[Writerchris]

Thanks too for the extra advice, I'll send one to the lovely 1st Credit too

[citizenB]

 

I think you are going to have to send the letters by recorded delivery so you have a record / proof of sending and receipt.

 

Please keep us updated

[Writerchris]

I'll send them recorded and let you know how things pan out - thanks again

[Writerchris]

Actually I was looking through past correspondence to find the Court date (2008) when I came across the below, which I sent to 1st credit in 2009. Does the fact that I've sent this already change what I should send now?

 

 

1sr credit

po box278

reigate

rh2 7wb

 

 

05/11/2009

 

 

Your reference

 

 

Legal notice under the Data Protection Act 1980

 

 

To; The Data controller/compliance Manager

 

 

Dear Sir/Madam,

 

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980.

I demand that you cease processing of my Data by any means whether written or electronically, with third party individuals and organisations. In addition to processing, this also means passing, amending, sharing and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files, which relate to an alleged debt and subsequent charges that I do not acknowledge.

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services.

 

(iv)That as a data controller/compliance officer, you have a responsibility under the Data Protection Act to observe all principles set out therein, within the Act.

 

 

I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so.

 

Furthermore, it must also be officially noted that this alleged ‘debt’ has already been the subject of a County Court judgment in 2008 when the Judge ruled in my favour in the matter of a Statutory Demand issued by yourselves, and it was established that no viable Consumer Credit Agreement exists in relation to this matter. The letter you have sent me is evidence of an attempt to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note that the Credit Services Association, in the first paragraph of its Code, states that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading. I require from yourselves a written acknowledgement that this alleged debt is not attributable to myself and that you have no consumer credit agreement linking me to this alleged debt.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

As this is the case, I formally request that yourselves – namely “1st Credit Ltd.” acknowledge in writing that this disputed debt is unenforceable and as such the matter is closed. This statement constitutes due notice that failure to acknowledge this in writing may lead to further legal action against your company.

 

You also state that you may send a representative to make a “doorstep visit.” Your visiting officers will not call at my address. This letter denotes prior written and legal warning that any such visit will constitute trespass and harassment. Normally there is an assumed right of entry to the front door of a property. However this is denied to your employees and agents and any such person as you may instruct in this or any other matter. Any such act will evidently constitute harassment since prior warning has been given.

 

Your company will not send me any threatening letters or any other correspondence; you will not visit my property. You may, of course, reply to this letter.

 

 

 

I will give you 14 days to forward this to me in writing.

 

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the court.

 

Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance, together with costs and compensation.

 

Yours Faithfully

 

 

 

 

Cheers!

Edited July 9, 2012 by Writerchris
personal data removed

[citizenB]

I dont think it changes what you need to say to Past Credit due.

 

However, it might be worth your reminding 1st credit you are not happy with them continuing to process your data in this manner.

 

 

Dear Sir or Madam

 

Account references

 

 

I was rather surprised to receive your letter DATED. It would appear your client failed to advise that on DATE, they issued a statutory demand in respect of this account. It was successfully set aside and costs were awarded to me (obviously if you didnt claim costs then remove that bit).

 

Please be aware that I consider your statement - "in order to avoid further calls and letter, I must pay immediately" - to be a threat of continued harassment, which of course is in breach of OFT debt collection guidelines.

 

 

I suggest you return this account to your client.

 

Yours etc..

 

PRINT OR SIGN DIGITALLY.

 

 

[Writerchris]

Ok shall do! :O)