Mass complaint ;Add your name here if a dca has acted incorrectly with your account.

[conar686]

1st Credit - rude, unhelpful & threatening

[conar686]

Stars, you should really start your own thread. In the meantime

 

Was it Connaught or 1st Credit if the latter do the following if the former do the same but by letter & post same day delivery

 

If you sent a CCA with the £1, then attach the letter you sent on an email to [email protected] FAO (For Attention Of) Complaints Officer or if you have a name use that instead.

 

Remind them in the body of the mail that the account is in dispute and they should know 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 therefore the following applies:

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

b. You may not add any further interest or charges to this account.

c. You may not pass this account to any third party.

d. You may not register any information in respect of this account with any of the credit reference agencies.

e. You may not issue a default notice related to this account.

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

As belt and braces you could also attach the following letter (amend as necessary)

 

Your name & addr

 

Account number (s) –

 

I acknowledge receipt of your notice of legal action sent by your company on [Date] which was received on [Date].

 

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against your company & [original creditor]. I am unable to respond further at this time, as you have given me inadequate information to investigate the claim.

 

Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action (4.3) your letter should have included the following information:

a. Give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

b. Enclose copies of the essential documents which the claimant relies on;

c. Ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

d. State whether court proceedings will be issued if the full response is not received within the stated period;

e. Identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

f. State (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

g. Draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be un-represented, enclose a copy of this practice direction.

 

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers to force all parties to comply with the practice direction.

 

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

 

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

 

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

 

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to any account held with Littlewoods.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed.

k. Any other documents you will seek to rely upon in court.

l. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

3. Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.