!st Credit / Moon Beever old LLoyds Credit Card Debt - Claim Form REceived - Help

[1612R]

Can someone please tell me then what is the point of sending this letter if it means a DCA can totally ignore it and send a court summons regardless.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Any Info please ? 1612R

[Guest]

that is a bit out of date as it has since been held that 'they' can continue collection activities including starting court action despite non compliance with a statutory cca request (although they shouldn't really).

if in court though it is deemed that they have not accurately complied with such a cca request then there should be no court enforcment until they do so.

Edited October 3, 2013 by Ford

[citizenB]

Are you planning on sending that letter now, or are you simply pointing out that you did and the claim was issued despite their lack of compliance ?

[BRIGADIER2JCS]

To be quite frank (who's he ) not worth sending that when a DCA is holding an account already defaulted by the original creditor.

1st Credit are adept at getting the creditors to produce 'reconstituted agreement' as well.

[1612R]

Ok so that's it then.

The end of the road, I guess. Better start filling out the claim form.

This I take it will be sent to Moon Beaver. Is it up to them then to say whether they accept the offer?

If they don't , what happens then ?

1612R

[BRIGADIER2JCS]

Have you acknowledged service of the claim??

 

You have at least one line of defence, the non compliance.

[1612R]

So if they "shouldn't really" , why do the courts allow them to ?

[1612R]

Hello Brig,

What do you mean by acknowledged service of the claim ?

If I defend am I also then liable to additional costs if I lose ?

 

Sorry got the meaning of this now. No I havn't yet Brig, I must do something to arrive no later than 12/10, next Friday ?

Edited October 3, 2013 by 1612R

[Guest]

So if they "shouldn't really" , why do the courts allow them to ?

 

good question.

just my opinion that they shouldn't until they have complied (at least to some degree). but, the high court has held that they can including starting a claim! i suppose though then its being left ultimately for a court to decide whether what, if anything, is supplied is compliant.

if there has been no response at all, then the deciding court should not continue with the claim until so.

Edited October 3, 2013 by Ford

[1612R]

Also the particulars on the claim form wouldn't be strictly true now as Lloyds TSB don't actually exist anymore ?

[BRIGADIER2JCS]

Also the particulars on the claim form wouldn't be strictly true now as Lloyds TSB don't actually exist anymore ?

 

I doubt that will make any difference, no doubt it will be amended.

[citizenB]

So if they "shouldn't really" , why do the courts allow them to ?

 

Hello Brig,

What do you mean by acknowledged service of the claim ?

If I defend am I also then liable to additional costs if I lose ?

 

Sorry got the meaning of this now. No I havn't yet Brig, I must do something to arrive no later than 12/10, next Friday ?

 

As this is likely to be heard on the Fast track, being that it is over £10,000, then yes you could open yourself up for more costs if you defend and lose.

[1612R]

That's it then, cant think of anything else.

Guess I got to bite the bullet, not sure if its worth defending.

Especially if I get hit with more costs if I lose.

 

Thanks for your help.

1612R