1st Credit

[babybear39]

Report them to Trading Standards and the OFT for breaching OFT guidlines, the UCPD and the CPUTR 2008.

[questioner]

Will reporting them stop them from bothering one though?

 

Surely such intolerable pressure from these monsters as mentioned by Hman74 is not acceptable by any means.

 

 

I just feel that we need something more hardline to get rid.

[Duffers Mum]

Quick question, debt with Citi, CCA'd them, they sent some T&CS' and nothing else, debt now assigned to 1st Credit, who i've emailed and told account in dispute with Citi, they ignored, letter now received from the dodgy solicitors. Should I write to the dodgy solicitors, or CCA 1st Credit. I was just going to write to solicitors, but now I'm not so sure, perhaps I should do the CCA to 1st Credit even though I've already done one to Citi. Advice please thank you

[cymruambyth]

From what I have read you only need to send the one CCA. Somewhere, there is an excellent letter to send the quasi solicitors that tells them that the a/c is in dipute and you are quite surprised that they have received the account .

I apologise in advance to who ever wrote this letter, but when I noted it for later reference I forgot to state who it was! [possibly ODC or pt]

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

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

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[trevor33]

I have been dealing with these DCAs for some time and find that they ignore most of these letters as they know that the relevant authorities do/did not carry much clout so they keep on harrassing you.

Your best bet is to CCA anyone who says they now are collecting the debt. It will cost another £1 postal order and another recorded delivery, but it is worth it.

[joeblogs]

I am looking for advice again please. Back in May this year I received a demand for payment from 1st Credit. I asked for help and ODC advised me to send a CCA letter which I did. At more or less the same time I also received a letter from Mac Hall for the same debt. ODC advised I send the 'bemused' letter to Mac Hall, again I followed this advice. Ever since then I have been hounded by Mac Hall for this same debt. I have wrote to them a couple of times saying that I have requested the CCA from 1st Credit, the last time I wrote (last week) I also reported their nuisance letters to their local Trading Standards Department and sent them copies of all correspondence. I also wrote to 1st Credit last week informing them of Mac Halls interference and stating that they had defaulted on producing the CCA info requested and asking for a time scale as to when I would receive it. The only correspondence I have received from 1st Credit since I sent them the CCA request stated a waiting time of 6-8 weeks - this has long since passed. Anyway, today I receive from Mac Hall a photocopy of my original Application Form and a demand for full settlement within the next 7 days. They have also left me an automated message on my phone. Does the Application Form act as an executed Consumer Credit Agreement? and can you please advise me how to respond. Thank you all in advance.

[creditcardmug]

Hi joeblogs, have you got a thread running on this?,if not startone to get best advice.

Regards ccm

[joeblogs]

Hi CCM, It was off this link that I received the help from ODC, so I saved it as a 'favourite' for when the time came that I needed to address the matter again. All the history of my problem is contained on this link. Should I move it or wait? Thanks

[creditcardmug]

Hi CCM, It was off this link that I received the help from ODC, so I saved it as a 'favourite' for when the time came that I needed to address the matter again. All the history of my problem is contained on this link. Should I move it or wait? Thanks

 

Hi again, i think its best to start your own thread, you will get more help that way, just put the basic details in your first post and everyone will take it from there.

[joeblogs]

Thanks for the advice CCM, I have just started a new thread.

[questioner]

My circumstances have not changed and now another creditor- Bank of Scotland is being a pig with aggressive calls saying that the 1 pound token payment will not be acceptable any more.

 

THEY ARE THREATENING TO CALL ME ALL THE TIME UNTIL I PAY UP IN FULL OR UP THE PAYMENTS WHICH IS JUST IMPOSSIBLE.

I get so sick of them.

IF THE TOKEN PAYMENT IS NO LONGER VALID WHAT SHOULD I DO ?

[babybear39]

Report them to TS and the OFT for thier threatening behaviour, log all calls, preferably recorded and send them this recorded delivery and do not sign it:

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

Amend to suit and good luck.

[questioner]

babybear39

 

Wondereful - thanks so much for that.

 

They have phone-pestered me before and have started to do so again. They are now saying that the quid they are accepting is unaccepotable so am I supposd to keep paying or what? Silly situation or what!

 

Threats are the same old thing - get a relative to lend you the dosh. blar blar or else .............

 

I shall certainly write in as you have suggested however.

 

Your a star!

[babybear39]

Questioner, do you have any of these threats recorded?

[questioner]

BB - no sadly I dont. Would it make a differance?

 

The nasty little monster who threatened me last said that he didn't care anything about the token payments they have been taking so readily. He also said that his bank had given me long enough to get the money but he was so rude when I told him that I was still skint. I must get a recorder though for this lot as you suggest.

 

I like the way you seem to turn this sort of thing into a sport - I must adopt the same attitude for it sure beats the blues when dealing with all the crap off these companies.

[babybear39]

You soon learn Q

 

The things they've been saying to you are in gross breach of OFT guidlines and nice recordings of thier threats would not go down well with a judge or Trading Standards and the OFT.

[JetSetDemo]

Questioner, RBS is a tuff one, just grit your teeth and bear it. I am going to start a new thread, i have some issues with 1stCrud and now Cannaught and could do with some advice.

[questioner]

I told their nasty caller in no uncertain terms that he was out of order and that this is NOT the first time we have complained about their antics. THEY SAID SORRY LAST TIME THEY DID THIS WHEN I MADE A FUSS.

I seem to have upset the poor lad for he has so far not rung back today as he threatened to. The deal for the token payment still stands as far as I am aware as nothing has changed financially for me since this was agreed.

They can huff and they can puff

[Psycho Bob :o)]

lol lol why am i not suprized my message disappeared.. lol lol.. well, it was just a heads up.

These companies should play by the rules or be prepared for some kind of backlash eventually.

 

We might all be law abiding citizens, but there are many in the world who take great pleasure from being otherwise.

[pt2537]

lol lol why am i not suprized my message disappeared.. lol lol.. well, it was just a heads up.

These companies should play by the rules or be prepared for some kind of backlash eventually.

 

We might all be law abiding citizens, but there are many in the world who take great pleasure from being otherwise.

Your post was most likely removed due to a breach of the site rules.

[questioner]

Latest with me is that Ist crud are still sending me the usual REQUEST FOR COPY AGREEMENT letters and NOT complying with the CCA requested which I asked for months ago. Perhaps they cannot get hold of one from the client. I feel like cancelling my tokens to them but am afraid it will, create more aggro and harrassment which I can do without.

 

Tank of Scotland are playing game also. They got nasty on the blower saying that my token payment and CAB –approved financial statement was no longer acceptable. However the last assistant now tells me that rules have recently 'changed' and they can now accect this. What they up to?

[babybear39]

Who knows what goes on in a DCA, answers on a postcard please

[questioner]

I think the main thing I have learnt is not to worry about the threats that used to one bother me. If one has not got the lolly to make anything more than token payments, and can prove it, then all their huffing aand puffing amounts to nothing.

 

They have no concept that we are real people on the other end of the phone - to them we are just a meal ticket to be harvested; nothing but a number and this makes them nothing more than vultures feeding off the misery of others. DCA that victimise innocent folks like this are the **** of the earth yet what goes around comes around and they will reap what they sow.

[babybear39]

I wouldn't wish thier treatment on my worst enemy but I do believe in karma. May the bullies get back what they dish out 10 fold

[creditcardmug]

Latest with me is that Ist crud are still sending me the usual REQUEST FOR COPY AGREEMENT letters and NOT complying with the CCA requested which I asked for months ago. Perhaps they cannot get hold of one from the client. I feel like cancelling my tokens to them but am afraid it will, create more aggro and harrassment which I can do without.

 

Tank of Scotland are playing game also. They got nasty on the blower saying that my token payment and CAB –approved financial statement was no longer acceptable. However the last assistant now tells me that rules have recently 'changed' and they can now accect this. What they up to?

 

If your token payment is for more than £1, write to say that due to recent financial pressures i.e. the cost of food/fuel/council tax/insurance etc. going up you now have to reduce your token payment to £1 per month.