1st Credit / LloydsTSB & the solicitors

[reduk054]

Hi All,

On the 28/3/07 I was advised by 1st Credit that they were passing my account (formerly Lloyds credit card) to their solicitors with instructions to secure a CCJ and enforce it with a Final charging order against my property.

This was the first correspondance that I had received from 1st Credit and sent them a CCA with the fee on the 9th April. Nothing came (shock!) in the post.

Today I have received a letter from Lloyds Solicitors SC&M saying that their client LLoyds has instructed them to recover the money (the figure is the same as 1st Credits) within 7 days or court proceedings will commence.

 

I am confused, why did 1st credit contact me? I thought that they were separate to Lloyds (i.e. that they buy the debt) and how come Lloyds solicitors have now contacted me?

I guess that 1st Credit never bought the debt? In which case I was correct to CCA them AND not pay anything.

I dont deny that I owe the money (other than a few charges;) ), but was really confused!

Can any one shed any light? please

Red

[reduk054]

Has anyone else been contacted by 1st Credit specifically about LloydsTSB credit cards and if so, what happened?

Any info would be great!

Thanks

Red

[diskmandave]

Red...

 

Cut out all of the middle people and CCA Lloyds directly as they don't seem to have sold this on yet. State that you consider the account to be in dispute, and ask that they hold off on any action until they have complied with your rightful legal request... All in writing, Rec/Del, the lot!

 

Keep us posted

[reduk054]

Dave, fantastic - ty. Will do today!

1x CCA request to Lloyds and 1 x hold on / dispute letter to solicitors!

TY Red

[reduk054]

Will the statement that should be provided under the CCA request have the relevant statement info regarding charges or should an SAR request be sent too? Sorry prob silly question, but want to clarfiy before I send letter.

Thanks in advance

red

[diskmandave]

Don't think there's any harm in asking, and then see what comes back..? Why waste a tenner if you can get it for nothing?

 

Regards, Dave.

[stormo]

Hello reduk054, A cca request and an SAR are two sepearate requests.

 

The CCA is the 1974 statute which is to do with your rights under this act,in it for a fee of £1 you can request a copy of your true executed agreement (not application form) this is basically to prove that there is an agreement in existance.(or not)

 

The creditor or whoever is handling the alleged debt must prove that they have a right to collect alleged monies owed,they must supply this info in 12 working days plus a further 2 days for postage allowances, after this time the account is in dispute,then after a further 30 days they are committing a criminal offence for failing to supply your requested agreement in the time allowed

 

When i requested this myself i sent it recorded delivery so you have a paper trail and proof that you have requested the paperwork.

 

An SAR is a data protection act request to the original lender or finance house which for a fee of £10 must provide all details of your financial dealings with the comapny such as statements etc and if they have charged you any fees which may be now deemed unlawful and you can reclaim them back.

 

Hope i`ve provided you with the basics of your rights

 

Best regards S

[reduk054]

Stormo thank you, you have helped and clarified my position. It is easy to read lots of threads, think you have a grasp of what is what and then realise that you don't.

I appreciate the time that you have taken to send me a good, basic overview.

Ok onwards and forwards

Red

[reduk054]

Does any one know the Act i can refer to or the actual legal reasons as to why lloyds & solicitors cannot / should not take me to court ATM please? I have written a letter to solicitors but it needs some oomph so to speak!! LOL

This is in reference to diskmandave's post above quote

"State that you consider the account to be in dispute, and ask that they hold off on any action until they have complied with your rightful legal request..."

[stormo]

Hello again reduk054, the consumer credit act 1974 is the legal request with your £1 fee,there is a template letter which states which part needs to be complied with,sorry havent got time as i`ve got to go to work in a minute

 

If they are really solicitors they should know your rights pretty poor if they dont,but thats what they are being paid for,sounds like another scare tactic to me for you to cough up unaware you can challenge them.

 

Remember no agreement no enforcable debt and without the agreement you signed in the first instance to be provided with the original credit contract cannot legally pursue you and ask for payment,they will have to do a Neville Chamberlin and wave your agreement at you also the pen is mightier than the sword

 

Regards S

[reduk054]

Thanks again stormo, I see the point you are making, and of course I should have put two and two together about the request letter and cut and paste it in my letter to the solicitors.

]Now I am sorry cos been at work, had a bit of a to-do earlier so may ask another silly question (please bear with me!)

I CCA'd 1st Credit about this debt on the 9th April and they have not responded to me at all. Is this where the account is in dispute?, as I also CCA'd LloydsTSB credit card along with an SAR request sent today (1st class recorded, with cheque). Now I am sure that Lloyds will have a copy of the CCA, but am I then disputing the amount that Lloyds are claiming because of charges etc?

Do tell me to b***** off if I am being a wally here but just want to get my facts right before I look like even more of a wally LOL

Thanks

Red

[stormo]

Hello reduk054,firstly try not to worry about your course of action,as you are just claiming your rights under the various acts.

 

Also no you are not a wally,i`ll try to help fellow members if i can,i must state i`m not legally trained but will give my opion or views on financial matters mostly based on my experiences in dealing with DCa`s and such like.

 

Ok back to matters in hand,you CCA requested 1st credit on 9th April thats Bank holiday monday? so no post then so i`ll assume you posted it the day after being the 10th and the DCA office got it on the the 11th.

The clock starts ticking on the 12th so going on the 12 working days,the time will be up next friday being the 27th.

 

It just so happens tommorrow is my calendar month on one of my requests to a DCA and nothing but a couple of blustering letters with veiled threats,thats all no agreement so they have commited the criminal offence,and i will send off a letter to report them to the regulatory authorities.

 

With regards to lloyds the SAR should show you the amount of unlawful charges you may have on the account,you just have to wade through them and highlight these and then total them up,in some cases the charges potentially owed outweigh the alleged debt which is a role reversal them owing you .

 

Whether you get the CCA from lloyds, depends on the time thats gone by and how long they keep records for, but should be 6 years, from account closure and from what i`ve read on here with other cases whether lloyds do this, is for them and their record keeping methods so thats unknown at the moment.

 

Regards S

[reduk054]

Hi Stormo,

Did your postman come and go without a copy of the agreement which you requested, sorry have been so engrossed with my threads that I did not ask. Hope it went in your favour!

"It just so happens tommorrow is my calendar month on one of my requests to a DCA and nothing but a couple of blustering letters with veiled threats,thats all no agreement so they have commited the criminal offence,and i will send off a letter to report them to the regulatory authorities."

I have not received any relevant mail to this thread, and Stormo, I must check out the dates of when I posted the CCA request, and update accordingly!!

Red

[reduk054]

I have been reading a few scary threads regarding 1st Credit, especially the thread started by Thereshope.

In her case she had admitted the debt, now I am fairly sure that I have not admitted any debt to 1st Credit (she had not seen CAG at that point), just the CCA requests, although I knew that they did call a lot especially around Christmas last year. No payments have been made to 1st Credit, therefore presumably in the eyes of the law, I have not admitted any debt to 1st credit?!

Red

[reduk054]

Ah, just to clarify on this one, the CCA request to 1st Credit was sent 1st class recorded on 03/04/07. I found the track and trace from Royal Mail.

[reduk054]

And signed for on the 04/04/07

[stormo]

Hello reduk054,thanks for asking,i`m afraid Thames Credit and go and jump in the river off one of Londons famous bridges :grin:

 

They are well over their time limit,dont know whether to write to trading standards as i`ve got the result i`m looking for after paying this alleged debt for a number of years,i assume its best to write to DCA`s local trading standards office but might let as mentioned sleeping dogs lie

 

Has anyone received any feedback when this has happened?

I`d be interested if your reporting of non compliance To the relevant bodies has made any difference to your own situation,but doesnt excuse the DCA for pursuing you with out backing it up with the paperwork.

 

What makes me fume is they should have had the paperwork to start with but when you dont know your rights how can you challenge them.

 

I`ve personally no moral scruples about doing this if you have whats the point just my 2 euros worth

 

S

[reduk054]

Stormo, pleased that you got your result with Thames Credit. Are you going to ask for the payments which you made to them back?

Write to trading standards, there are a few threads on here and some stickys regarding complaining about DCAs, with varying success. I dont think that it is Trading standards as such who you contact any more. I will post you the link of who you do complain to! (I contacted TS and they forwarded me a standard mail!)

I think that diskmandave(although my memory is not so good, it was not a thread which i suscribed to, just came accross it by accident) involved his local TS against a DCA called Lowells who did not comply with his CCA request, and his debt was written off completely!

Then kennyparkroad has contacted his TS about another DCA and they have not even aknowledged his mail!

Will try and post up some info for you!

Red

ps are you on holiday/in Ireland as you mentioned euros!

[reduk054]

who to contact instead of TS

 

Consumer Direct - About Consumer Direct

[starz 61]

This firm did the same to me 3 different firms Lloyds, 1st credit and their solicitors, all in my husbands name he was taken ill and I was left to deal with these I explained our situation no reply from them next thing I was in court as they put a charge on my property for the sake of £4000

still dont know exactly what it is for?

[stormo]

Hello reduk054 sorry didnt have time earlier had to go out to work no dont live in Ireland but good old blighty

 

I`ve asked about the payments made to Thames but having not produced the agreement i cant claim anything as far as i know.

 

Any payments made would deemed to have been made "voluntarily" so i`ve been informed,glad to say that its now unenforcable as all the deadlines have passed ,the thing is i am certain the agreement wont be produced any time soon

 

Thanks for the link BTW

 

Regards S

[Vampyra]

Just keeping an eye on your thread, Red!

[reduk054]

Starz 61, thank you for your post. It makes me so cross that these bullies are obtaining charging orders over properties. Was it 1st credit who placed the charging order, and did you attend the court hearing? Also, are you still making any repayments to 1st credit/Lloyds about this one, or have you left the charging order in place? At least with the amount involved, they will not be charging interest ontop of the charge!

Stormo, that is news to me about the "voluntary" payments, but I can see the logic. I will see what I come across and post anything relevant...at least you dont have to continue making payments, lets hope that Thames stay away

Vampy - thank you "Just keeping an eye on your thread, Red!"

(you're a poet, now you know it ). thank you, I enjoy your company

Red

[starz 61]

yes red it was 1st credit finance I did go to court but could do nothing in my husbands defence, left the order in place and asked the judge for his assurances that I will NOT be forced to sell, which was a relief when the other side agreed

[reduk054]

Starz, I have found your thread and posted on there for you, I have tried to get some extra help as well (from another CAG user)...will reply to you fully on your thread!

Red