Help with CCA(1st credit)

[SuzieP]

Hi, can anybody help?

 

Just had letter from 1st credit to say they have now taken over a lloyds tsb debt.

 

I gave them a call and asked them to supply a copy of my cca, the guy transfered me to a lady, who straight away became very defensive. She asked why I wanted this,was it due to delaying tatics? And that in this day an age they don't have to supply it. She said she would put in a request to TSB for it, I am I wrong in thinking that if they have bought my debt they must have a copy of this. She said this isn't the case and do I really think that lloyds tsb employ people to trial through there archieve looking for these things.

 

Can anybody help!

[donbracho]

hello there in short she is pullin a afst one only correspond with them via recorded post to thier registered address, send something like this to them ....

Your address

Their address

Date

 

 

ACCOUNT IN DISPUTE

I am writing to inform you that my account is in dispute, I am not happy that you have passed my account on to a third party as I am disputing the amount you claim I owe your organisation.

 

I will not be making any further monetary payments to you or to any Debt Collection Agency until you have refunded in full the late payment and overlimit fees which you have unlawfully levied to my account. Once I have calculated the total amount that you have unlawfully levied and this has been refunded in full, if there is a remaining balance I will contact you to discuss this matter.

 

In adition to this if you have entered a Default against my credit file and I believe this have been added inacurately due to a balance consisting of in full or in part of unlawfull charges, then I will also be requesting this is removed from my credit file due to it being added inacurately.

 

Yours faithfully,

 

Name

Sig

i have just copied that from tanzarellis excellent post on a similiar subject !

basically send them a cca letter which does buy you some more time then also send a sar to the original company in your case lloyds tsb

[donbracho]

hiya the letter i sent to 1st credit is this one.......

1st credit

Registered Office Hill House

1 Little New Street

London

EC4A 3TR

 

 

DATE

 

Dear Sirs,

 

Reference: Vanquis Bank

Your refs:

 

Please be aware that I no longer acknowledge these debts to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with true copies of the agreements you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account.

I enclose a £2 postal order in payment of the statutory fee for the account

 

We understand a copy of our credit agreement should be supplied within 12 working days

 

I also require that you supply signed true copies of the deeds of assignment of the above referenced agreements.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with Capital One Bank into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.

 

 

Yours faithfully

 

 

YOUR NAME

 

[donbracho]

and this one is even better letter to send them its awesome i cannot remember who i copied it off so cheers !...

Your address

xxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

5th February, 2007

 

DCA Address

xxxxxxxxxxxx

xxxxxxxxxxxx

 

 

Dear Sir/Madam

 

Re: − Account/Reference Number xxxxxxxxxxxx

 

 

With reference to the above account, I request that you send me a true copy of this credit agreement, relating to your last letter dated 31st January, signed by xxxxxxxxxxxx

and entitled “FINAL NOTICE”.

 

I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

In summary, Lowell Financial is to supply the following documentation before I correspond further:

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Capital One to Lowell Financial

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”.

 

Thanks in advance and I hope to hear from you within the statutory time limit.

 

I look forward to hearing from you.

 

 

Yours faithfully

[SuzieP]

Thanks very much for that donbracho, ill send this off to Ist credit tomorrow, do you have a registered address or shall i just send it to the address on there correspondence?

 

i'll also send an S.A.R to Lloyds TSB

 

Thanks again.

[donbracho]

on their letters at the bottom should be a REGISTERED address company no etc hang on its

1st credit

Hill House

1 Little New Street

London

EC4A 3TR

send it by recorded delivery and keep a copy of your letter and the receipt from the post office good luck