1st Credit

[babybear39]

I have never posted before and don't know how to do it. Sorry!

I had a debt with Aqua which was sold on to 1st Credit. They accepted a payment in full and final settlement in March 2008 but now I have just received a letter from Clarity (on behalf of Aqua) demanding for the remainder!

 

Can anyone tell me how to proceed please?

 

Hi and welcome suziq,

 

Do you have written confirmation from the creditor you settled with ( I think aqua was one of HBOS products)?

 

Take a look through this:

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[questioner]

Yes, I would have thought that so long as you have written proof to say that the debt has been settled all you would need to do is tell them

[diddydicky]

I have never posted before and don't know how to do it. Sorry!

I had a debt with Aqua which was sold on to 1st Credit. They accepted a payment in full and final settlement in March 2008 but now I have just received a letter from Clarity (on behalf of Aqua) demanding for the remainder!

 

Can anyone tell me how to proceed please?

 

Dont do ANYTHING yet- post up the full and final settlement letter on here so we can take a look at it- if you havnt got a scanner log onto photobucket and get a (free) account and copy it from there

[diddydicky]

questinoer

 

nothing in the CCA stipulates that a sect 77/79 request has to be signed

 

 

as you rightly say if they have been happy to send statements and personal information to you at the adress then clearly they arehappy with your ID

[diddydicky]

SUSIQ

 

sorry meant to say blank out your personal details!

[questioner]

questinoer

 

nothing in the CCA stipulates that a sect 77/79 request has to be signed

 

 

as you rightly say if they have been happy to send statements and personal information to you at the adress then clearly they arehappy with your ID

 

 

 

Yes - all very iffy eh.

[questioner]

As the crudites had a few payments off us over the last year the following may not matter. However I just noticed the actual age of the alleged accout they are chasing - the date on it is 2002. Does it change anything?

 

Complaint has now gone in to these odd flippers as well.

[diddydicky]

statute barred will count after 6 years since any written acknowledgement of the debt

[diddydicky]

sending payments acknowledges the debt i'm afraid

[questioner]

I was told earlier that payments in good faith and under duress when one thought a debt may exist was a seperate issue and that counted for something. I also nearly paid a westcot debt which was not mine so ..

 

Are you now saying to pay up and smile ? Sorry, I am a little confused.

 

I have just had yet another bad scan of the alleged single page from the 1st crudites and their tone was to say' here it is what you moaning about.'

They say that they fail to see how they have not honoured my CCA request and quote the last copies of the scan they have been sent in to me. They also say they are confident thay can demonstrate they have acted properly. They seem to be relying on this hard to see scan for solid evidence. Even after all this they say I have not given any evidence why I shouid not pay them. Incredible or what.. OFT may have other ideas

 

OH YES THEY ALSO SAID THEIR RESOLVE IS TO SORT OF ISSUES "INTERNALLY."

 

They also said they had sent me a FOS form but no such item was included. Total confusion lurks in the dark corners of Reigate.

 

I really smell fear in their wording and perhaps karmic retribution is not far away.

 

So long as you guys on here are correct about the bad scan not counting as a PROPER CCA I will have them and not stop kicking them until the game is over. This seems to be the crux of the matter SO.........

 

"statute barred will count after 6 years since any written acknowledgement of the debt"

 

Not too sure what that means. Does it mean a debt is not enforceable whatever after over 6 years?

 

A have also now launched into asking 4 more DCAs for CCAs

Edited June 4, 2009 by questioner

[diddydicky]

no im not saying pay up- what i was saying is that you cannot claim it is statute barred if you made payments last year against it!.

 

Otherwise every good creditor in the country who never has any need of contact with his lender would get away scot free after 6 years payments with whatever was left owing!!!

 

mmmmmm nice thought!

[diddydicky]

I was told earlier that payments in good faith and under duress when one thought a debt may exist was a seperate issue and that counted for something. I also nearly paid a westcot debt which was not mine so ..

 

Are you now saying to pay up and smile ? Sorry, I am a little confused.

 

I have just had yet another bad scan of the alleged single page from the 1st crudites and their tone was to say' here it is what you moaning about.'

They say that they fail to see how they have not honoured my CCA request and quote the last copies of the scan they have been sent in to me. They also say they are confident thay can demonstrate they have acted properly. They seem to be relying on this hard to see scan for solid evidence. Even after all this they say I have not given any evidence why I shouid not pay them. Incredible or what.. OFT may have other ideas

 

OH YES THEY ALSO SAID THEIR RESOLVE IS TO SORT OF ISSUES "INTERNALLY."

 

They also said they had sent me a FOS form but no such item was included. Total confusion lurks in the dark corners of Reigate.

 

I really smell fear in their wording and perhaps karmic retribution is not far away.

 

So long as you guys on here are correct about the bad scan not counting as a PROPER CCA I will have them and not stop kicking them until the game is over. This seems to be the crux of the matter SO.........

 

"statute barred will count after 6 years since any written acknowledgement of the debt"

 

Not too sure what that means. Does it mean a debt is not enforceable whatever after over 6 years?

 

A have also now launched into asking 4 more DCAs for CCAs

 

 

don't panic mr mannering!!

 

sending a doument which is not "easily legible" is the same as not sending one at all IT DOES NOT COMPLY with sect 78 request therefore they are in default

 

try this letter (you might need to tweek it with dates)

 

 

 

I refer to my CCA request of XXXX 2009

 

I must now write to you as follows:-.

 

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*XXXx 2009*I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. The time limit for you to comply was XXXXXX 2009

 

You have failed to comply with my request, and as such the account entered default on*XXXXX 2009

 

On XXXXX 2009 you sent to me an unreadable document purporting to comply with my request which did not comply your obligations under the consumer credit act sect 78 ..

 

 

the cca requires that any documents you send must be "Easily Legible" and the sending of documents that do not meet this requirement have the same effect as not sending any documents at all and puts you in clear default of your obligations.

 

You have by virtue of not supplying the requested documents within 30 days also committed an offence.

 

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.*

 

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on* debt collectors*which state under the title*Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8*

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

 

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.

 

 

 

Please reply within 14 days with your intentions to resolve this matter which is now a formal complaint I will take this to be the end of this matter .

 

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

Yours sincerely

[questioner]

DD - BRILLIANT - THAT NAILS IT. Ta very much ..

 

The scan is hard to read even with good glasses but they have put all their eggs into this shaky basket.

 

 

It's hard to see why they would hang onto a proper doc and keep blasting out this same old crummy scan.

[diddydicky]

sorry last line should say OTHERWISE i will take this to be the end of the matter!

[diddydicky]

DD - BRILLIANT - THAT NAILS IT. Ta very much ..

 

The scan is hard to read even with good glasses but they have put all their eggs into this shaky basket.

 

 

It's hard to see why they would hang onto a proper doc and keep blasting out this same old crummy scan.

 

well it doesn't gaurantee that they hav'n't got it= often they are archived so badly (and sometimes put into stores many miles away) and it takes many hours/cost to recover them, alternatively they have microfiched then destroyed the paper copies

 

other times they have simply relied on the applc form and nothing else.

[questioner]

Gottcha.

 

Now here's a laugh.

 

Roinsun Wee as mentioned about were told to bog off after chasing me for a debt that Crudite Solutions had takaen off Barvlycard and closed after I asked for a CCA.

 

NOW RW have written in saying that their client has no details of any dispute. they also ask for evidence to support my claim.

 

Why the hell shoild I chase after them when CS sent the accout back to BC and they in turn gave it to RW?

[babybear39]

Do you the letter wgere they told you they didn't have a CCA? If so, send a copy to RW and tell them to foxtrot oscar as the account is still in dispute re no CCA!

[diddydicky]

i presume they have just bought abunch of debts

 

provided you have kept copies and proofs of posting just send them a two line response!

[zazen.warrior]

It amazes me how these unbelievably arrogant DCA's feel they are in a position to demand we 'prove' something to them.

 

The burden of proof lies with them and without a court order we don't have to do anything.

[diddydicky]

you dont have to prove anything to THEM

 

what you have to prove (at a later date maybe) is that you responded to communications:-

 

 

a suitable reply would be:-

 

thank you for your letter of XXXXX

 

It is not my concern that your client chooses to hand over a half hearted file to you

 

Rest assured that I am in full possession of all the details of the dispute which you allege no knowledge of together with relevant proof of posting etc.

 

 

yours sincerely

[questioner]

Cheers folks - yes, I have told them (via recorded delivery) that the responsibility is clearly on their company to address this issue rather than expect me to spend time, expense and inconvenience on it. I also told them to go ask the OC why they have shipped this off to them when Credit S bloody well closed it and sent it back to the OS after I had asked for a CCA. Yep - I also sent the letter you mentioned BB to them and their silly no idea about any dispute crap followed it.

 

Fireworks due perhaps here between RW and the naughtly old OC. LOL. Has someone told someone else little porkies about this account or at least been rather economical with the truth?

 

At least getting CS to bugger off like a greyhound after a hare was a minor victory I feel. Odd that they just dissapeared after the CCA request went in eh. They are NOT as hardline (or stupid?) as the 1st crudites are clearly.

 

 

It gets almost funny after a while with these terminal plonkers.

 

 

The really great part that I look forward to will be when I get funds one day to settle up (borrowed off a fine mate of coures, wind wink) and these types are totally omitted from my full and final settlement plan. I suppose they will pester me forever then but so what - who cares!

 

Lovely!

 

This good place is not a forum - it is a sterling fellowship against dictatorship and oppression.

 

 

 

 

Edited June 5, 2009 by questioner

[diddydicky]

Cheers folks - yes, I have told them (via recorded delivery) that the responsibility is clearly on their company to address this issue rather than expect me to spend time, expense and inconvenience on it. I also told them to go ask the OC why they have shipped this off to them when Credit S bloody well closed it and sent it back to the OS after I had asked for a CCA. Yep - I also sent the letter you mentioned BB to them and their silly no idea about any dispute crap followed it.

 

Fireworks due perhaps here between RW and the naughtly old OC. LOL. Has someone told someone else little porkies about this account or at least been rather economical with the truth?

 

At least getting CS to bugger off like a greyhound after a hare was a minor victory I feel. Odd that they just dissapeared after the CCA request went in eh. They are NOT as hardline (or stupid?) as the 1st crudites are clearly.

 

 

It gets almost funny after a while with these terminal plonkers.

 

 

The really great part that I look forward to will be when I get funds one day to settle up (borrowed off a fine mate of coures, wind wink) and these types are totally omitted from my full and final settlement plan. I suppose they will pester me forever then but so what - who cares!

 

Lovely!

 

This good place is not a forum - it is a sterling fellowship against dictatorship and oppression.

 

 

 

 

 

 

 

no i don't think so- on the contrary i think they have ALL the information- they know EXACTLY what they are doing -it's an old trick- act dumb and pretend you don't know anything

[questioner]

no i don't think so- on the contrary i think they have ALL the information- they know EXACTLY what they are doing -it's an old trick- act dumb and pretend you don't know anything

 

Panis panic ..

 

What you mean they all have our CCA material or just that they know the account is in dispute and are acting daft herein for some inexplicable reason?

 

I think you mean the latter - yes?

 

Whatever do they hope to gain though by just making us more work via proving anything to them? War of attrition tactics perhaps to wear down their victim?

 

I feel that I am seeking a deeper psychological angle on these DCAs as when I have this digested into my mindset I will be even more able to counteract their attacks. One has to know an enemy intimately to combat them.

Edited June 6, 2009 by questioner

[questioner]

"it's an old trick- act dumb and pretend you don't know anything"

 

 

I Claudius?

[diddydicky]

Panis panic ..

 

What you mean they all have our CCA material or just that they know the account is in dispute and are acting daft herein for some inexplicable reason?

 

I think you mean the latter - yes?

 

Whatever do they hope to gain though by just making us more work via proving anything to them? War of attrition tactics perhaps to wear down their victim?

 

I feel that I am seeking a deeper psychological angle on these DCAs as when I have this digested into my mindset I will be even more able to counteract their attacks. One has to know an enemy intimately to combat them.

 

well some buy the debts at a pittance and others offer to take them for free on the basis of a 75/25 share of anything they get

 

they act dumb becuase it would illegal fo pursue it if it was in dispute