1st Credit help!

[ODC]

It seems typical of the desperation of DCAs when they know they have little or no hope of producing the CCA then the get their in house solicitors to threaten you even though they are in default and NO further action should be undertaken. Treat them with the contempt they deserve

[Finlay07]

Received a letter from Scotcall (on behalf of 1st Credit-HSBC formerly HSBC)this morning asking for FULL repayment or they will send a field agent to my home or if I cannot pay to contact them on a premium rate phone number.

 

Now I may be mistaken here but I thought all collection activities must cease until the CCA is produced. Are Scotcall in breach of the default or is it 1st Credit!!

 

Could anyone advise me of my next move. Is it time NOW to inform TS (should have done it when the 12 + 30 days were up)? and what written response do I send to 1st Credit and/or Scotcall?

 

I'm ready to fire of letters and am now really up for a fight ,i'm getting sick of this.

 

What do I do next? Any templates available for this stage?

 

Any help appreciated as always.

 

F

[ODC]

They have committed a criminal offence and cannot proceed without a court order. There is a template I will dig out for you but dont worry they havent a leg to stand on. For field agent read doorstepper who has no legal rights

[ODC]

http://www.consumeractiongroup.co.uk/forum/show-post/post-815894.html

 

This post will help

[Finlay07]

Thanks ODC. Thats a great help, lets see what happens now.

[Finlay07]

Hi have nicked this from another post what do people think?

 

this is going to Scotcall, I will sort out 1st Credits later

 

F

 

ps With thanks to JONESHOUSEHOLD

 

 

 

 

 

Dear Sir or Madam

 

 

I write with reference to your recent ccorrespondence.

 

 

As you are well aware (if you have fulfilled all your legal obligations by obtaining all information pertinent to this alleged account before embarking on intimidatory claims, contrary to Section 40 of the Administration of Justice Act 1970, the Malicious Communications Act 1988, the Protection from Harrasment Act 1997 and the revised December 2006 OFT Guidelines for Debt Collection), 1st Credit is currently in default as of 6th May 2007 of the Consumer Credit Act 1974 as they have failed to provide:

 

 

a) A true, signed (ie properly executed) Copy of the original Credit Agreement for the above 1st Credit account;

 

 

b) A current and fully up to date Statement for said account.

 

 

within the legally binding timeframe, as stipulated within the Act.

Additionally, they have failed to produce a signed, true copy of the Deed of Assignment proving their legitimacy to deal with this Account.

 

Finally (in an apparent attempt to circumvent their legal obligations) they have attempted to pass the Account onto you (as referenced in your letter of 9th May 2007).

In view of the above, and as I have stipulated to your client on numerous occasions, I do not recognise any debt to your company or your client or their associates. I insist you pass my details back to 1st Credit and remove my personal details from your records.

Should you attempt to condone 1st Credits actions by taking any action whatsoever, then I shall reserve the right to pursue you with the full weight of appropriate legal sanction without further reference to you. The first action of such will be a complaint to Trading Standards, the Office of Fair Trading and the Department for Trade and Industry.

[Finlay07]

Could somebody check and /or tweak this for me please. It is to 1st credit

Ta

F

Dear Sir/Madam

I do not acknowledge any debt to yourselves or your associates.

I have to advise you that you have failed to supply the Consume Credit Agreement or the Statement of Account as requested in my letters to yourselves and your agents Connaught Collections (letters received by yourselves and Connaught 21st March 2007.

You replied on the 22nd March stating that the Agreement would be with me within the month. The deadline for you to produce the agreement has now passed and your are now in default.

Under the Consumer Credit Act 1974 creditors are unable to enforce any alleged agreement if they fail to comply with the request for a copy of the said alleged agreement and statement of account under these sections of the Act.

You have made no effort whatsoever to prove any details of this alleged debt. I have been writing to you for almost one year and you still refuse to provide any documentation. A request under the Consumer Credit Act has produced nothing. This brings me to the conclusion that you do not have any agreement or documentation relating to this matter.

Furthermore you have now enlisted Scotcall in this matter. I have today written to Scotcall informing them of the current situation of this matter and the fact that they are acting in contravention of the OFT Debt Collecting guidelines in pursuing me for this alleged debt.

As a result of your referring this to Scotcall, I have today made a formal complaint to my local Trading Standards Office and will be making a further complaint to the Office of Fair Trading.

Yours faithfully

[ODC]

Ask them for details of the Official Complaints procedure. This is very important so if you have to complain to FSO you have done it by the book. Send a letter to Scotcall advising them that they are not welcome to call at your door. They have NO power whatsoever

[Finlay07]

Good point OCD.

 

Thanks once again

 

F

[gettingthere]

I don't know whether this is any use to you but I have recently sent these letters out on behalf of my daughter. Number 1 to original DCA and number 2 to Scotcall who sent her a letter after the account went into dispute.

 

Number One;

 

VERY IMPORTANT - PLEASE READ CAREFULLY

 

Dear Sir/Madam

 

Re Alleged Debt (details)

 

I refer to my letter which was delivered via recorded delivery to your offices on (insert date) and your reply dated (insert if any)

 

In my letter I made a formal request for a copy of the signed, executed credit agreement for account number xxxxxxxxxx under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This time limit expired on (insert date - 12 working days from delivery)

 

Further if the request is not satisfied after a further 30 calendar days, your company commit an offence. This time limit will expire on/expired on (insert date)

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

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

(b) If the default continues for one month he commits an offence.

 

Further to this I have now received a letter from a further Debt Collection Agency called ScotCall dated xxxxxx bearing your reference number. This in spite of your letter dated xxxxxx stating this account was on hold for two weeks.

 

This action is in direct contravention of the Office of Fair Trading Guidance July 2003 (Updated December 2006).

 

Para 2.6© refers - Unfair practices – ‘using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties’

 

In addition Scotcall have ‘threatened’ in their letter to arrange a ‘Doorstep Call’

 

This again in direct contravention of the above guidance Para 2.12(f) refers where a debt is disputed.

 

I intend to take no further action over any of these breaches at the moment but if this harassment continues I will have no hesitation in reporting you to the relevant authorities!

 

Number 2

 

ScotCall

Spectrum Building

3rd Floor

55 Blythswood Street

Glasgow G2 7AT

 

2nd May 2007

 

Your Ref:

 

VERY IMPORTANT – PLEASE READ CAREFULLY

 

Dear Sir/madam

 

With reference to the above agreement I do not acknowledge ANY debt to your company or your client.

 

Please find enclosed a copy of a letter today sent to xxxxx, the contents of which are explanatory.

 

This alleged debt is in dispute and no further correspondence will be entered into with your company.

 

Any correspondence from you will be retained as evidence and considered as harassment as per the contents of the letter to xxxxx and will in due course be forwarded to the relevant authorities.

 

Scotcall then replied by return saying that they were no longer dealing with this matter and had referred it back to the original DCA.

[Finlay07]

I don't know where i'd be without you lot!

 

Thank you.

 

F

[Finlay07]

Reply from Scotcall today;

 

Dear XXXXXXX

 

Thank you for your recent communication regarding the above acount.

 

Due to the content of this letter Scotcall will now return this account to our client.You will hear no more from Scotcall regarding this matter. This account will be returned as disputed. you will now hear direct from our client regarding this outstanding amount.

 

If you contact your creditor direct for any further details required on this account (i've been trying for a year!!!!).

If you have any further queries or problems please contact your creditor directly.

 

Yours faithfully

 

 

XXXXXXXX

 

 

So thats Connaught and Scotcall batted away.

 

I suppose the next letter will be an offer of a 50% reduction

[ODC]

Reply from Scotcall today;

 

Dear XXXXXXX

 

Thank you for your recent communication regarding the above acount.

 

Due to the content of this letter Scotcall will now return this account to our client.You will hear no more from Scotcall regarding this matter. This account will be returned as disputed. you will now hear direct from our client regarding this outstanding amount.

 

If you contact your creditor direct for any further details required on this account (i've been trying for a year!!!!).

 

If you have any further queries or problems please contact your creditor directly.

 

Yours faithfully

 

 

XXXXXXXX

 

 

So thats Connaught and Scotcall batted away.

 

I suppose the next letter will be an offer of a 50% reduction

As usual the bullies backed down when faced with the truth

[Finlay07]

1st Credit are now being ridiculous and i'm not sure how to approach this.

 

Letter today from their complaints department saying that this debt is for a current account!

 

I'm sorry but this is is getting out of hand. I have never had an overdraft of that size (£6900-00). I've had an account with the bank concerned (HSBC) but never in a million years would I have been given that size of OD. in fact my average earning during the peiod I had the account 1995-2000 were about £180-00 a week!

 

What on earth do I do now?

 

I find it strange that 1st Credit now say its a current account just as they are in default of the CCA and have refused for an entire year to say what the debt is for.

 

Any advice people?

[ODC]

1st Credit are now being ridiculous and i'm not sure how to approach this.

 

Letter today from their complaints department saying that this debt is for a current account!

 

I'm sorry but this is is getting out of hand. I have never had an overdraft of that size (£6900-00). I've had an account with the bank concerned (HSBC) but never in a million years would I have been given that size of OD. in fact my average earning during the peiod I had the account 1995-2000 were about £180-00 a week!

 

What on earth do I do now?

 

I find it strange that 1st Credit now say its a current account just as they are in default of the CCA and have refused for an entire year to say what the debt is for.

 

Any advice people?

Tell them you are totally unaware as to what they are refferring to. You do not acknowledge any debt to them or the original lender and request further details if they claim its not covered by your CCA request. Spend £10 and SAR the original lender

[Finlay07]

Cheers once gain ODC. Letter off in tomorrows post.

 

The annoying thing is that if I owed it, I would pay it ,as I have done with another debt.

 

This is not mine!

[ODC]

Cheers once gain ODC. Letter off in tomorrows post.

 

The annoying thing is that if I owed it, I would pay it ,as I have done with another debt.

 

This is not mine!

Simple answer. Its not yours. Its not up to you to prove it isnt. Its up to them to prove it is. Of course if you suspect fraud you really should report it to police. If however as is probably more likely that the DCAs have a case of mistaken identity just ignore them. Why should you do their work for them. They will never take it to court they are talking total crap

[Finlay07]

Update!

 

Letter HSBC/First Direct today. I decided to S.A.R - (Subject Access Request) them to see what the position was from their side.

 

Dear Mr Finlay 07

 

Thankyou for you letter dated 19th May 2007.

 

To comply with current legislation First Direct holds customer data for a period of six years after the relationship has terminated, after which time it is erased from our systems. Unfortunatley, from the information you provided in your letter I am unable to trace any information about you.

 

The cheque forwarded with you request has been destroyed.

 

First Credit say their client HSBC/First Direct are forwarding all my statements and agreements to them as we speak! Last letter on this was 23rd May.

 

Yet First Direct have no record of me.

 

Somebody is not telling the truth here. Wonder who it is?

[Finlay07]

This is getting beyond a joke.

 

I have today received a demand from Robinson Way on behalf of 1st Credit!

 

If I don't pay within 10 days we will commence court action blah blah blah.

 

I am still waiting for a final answer from 1st Credit on my complaint (last letter from me on the 1st june).

 

I have a letter from the OC, HSBC, confirming they have no record or trace of me or any debt. Copy of this sent to 1st Credit.

 

I have not received ANY documentation from 1st Credit but my details have been hawked round Connaught Collections, Scotcall and now Robinson Way! Oh and Metropolitan have been involved as well.

 

Do I now complain to the Financial Ombudsman as 1st Credit have not complied any sort of complaints procedure?

 

Whats my next course of action? Letters seem to get me absolutley nowhere.

 

We are now 15 Months into this and no further to resolving this than in March 2006.

 

Help! Anyone?

[ODC]

I think its got to the stage where you should involve the FOS and Trading Standards. This really has gone beyond a joke. Do not even bother to reply to Robinson Way. They have no right whatsoever to deal with this alleged debt. The matter is in dispute and has been for some time. They are in breach of so many OFT guidelines its ridiculous. Get the ball rolling with FOS and Trading standards as soon as possible. If Robinson way get in touch tell them the matter is with Trading Standards and FOS. Suggest they contact them should they wish to have any further discussion. Also mention the Administration of Justice Act to them as well. (Where is Rory when you need him:) )

[Finlay07]

Yes your right ODC (again)

 

I will spend the day putting together a complaint for the agencies and post it up later for anyones input.

 

Does anybody have a link to a template I can use?

 

Thanks in advance

 

F

[Finlay07]

Update.

 

received three letters this morning.

 

One from the FOS saying that my complaint was being dealt with. Great.

 

One from 1st credit saying that due to the circumstances they "consider the matter closed. however we still invite you to make an offer of payment". Success then, they have finally backed off.

 

However a third letter appeared

 

From McKenzie Hall saying we act on behalf of our client 1st Credit!!!!!!!!!!!!!!!!

 

What on earth do I do now? Just ignore it or start again with this lot??????? This will be DCA number 5 since March!

 

Help again please!!!!!!!!!!!!!!!!!!!!!

[ODC]

Send them a copy of the letter from First Credit along with a request for their complaints procedure. McKenzie Hall are just another member of the same shower. Dont take any sh1t from them. First Credit couldnt prove anything at all so HTF do McKenzie Hall expect to. This is just another computer generated threat letter attempying to wind you up. Treat it and Mackenzie Hall with the contempt they deserve. Read the forum and you will see numerous posts anot MH and the type of company they are. Bengal Lancers is the most polite thing I could say about them but I think you really know what I think

[Finlay07]

Thanks for the swift reply ODC. I had a feeling you might have said something along those lines.

 

I will post to Mc H today and I will also forward todays letters, from 1st and MH to the FOS so they can see exactly how these companies work.

 

The complaint file I posted on Tuesday was about an inch thick!

 

Hopefully the FOS will hit them with a big fine, or worse, and this past year and a bit will have been worth the fight.

 

F

[ODC]

The FOS have already charged these muppets £400 just as a starter to investigat your complaint. You really should thankl MH for giving you more ammunition for the FOS