1st Credit and CCA

[warwick65]

Re: 1st Credit and CCA

Hi

It looks to me as if they haven't actually issued proceedings at this stage i.e you haven't received a claim. Is that correct?

If so I would wait for the SAR

Am I right in also thinking you have some if not all of the paperwork that was sent at relevant times by M&S

Once 40 days are up I would write to M&S advising them that they received the SAR on xxxxxx and have not replied, then give them 7 days to respond or you will be making a complaint to the ICO - that should focus their minds

If you do receive a court claim, I think it possible they will combine the two and at that point I would definitely look around to see what legal advice is available, how much it will cost and if there is any free initial advice to be had

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Have you actually had one of the formal letters of claim as described here ?
http://legalbeagles.info/forums/show...tion-Protocols

[catrin2468]

Re: 1st Credit and CCA

Hi Thank you for the reply No , no proceedings issued yet just 2 letters for each account saying court proceeding may be taken (one letter for each account in September and one letter for each in October ) each time saying may or considering court action NO letter of claim or letter before action all letters still off 1st Credit themselves Am I right in thinking that M@S have until 4/12/17 to reply to my SAR and yes have some paperwork including a statutory arrears notice for 2009 Will keep you updated if anything arrives off either of them Thank you for your time

[Diana M]

Re: 1st Credit and CCA

one for £3073.25 personal reserve account and one for £1592.82 a charge card

. . . . So on the 23/10/17 I sent 1st Credit a CCA letter for both the accounts and a SAR to M@S both letters signed for and received
Today 11/11/17 I have had in the post off 1st credit a letter with a CCA agreement and pieces of paper stated as terms and conditions

Can you clarify whether you sent two separate s 77-79 CCA Requests with two separate £1 postal orders for the statutory fee (one for each account)?

The documents you've uploaded appear to relate to the chargecard so 1st Credit have not yet responded to your CCA Request for the Personal Reserve account credit agreement.

I see no reason for you to reply to that letter.

Di

[catrin2468]

Re: 1st Credit and CCA

Hi Thank you for replying Yes I sent 2 separate CCA requests one for each account and included 2x £1.00 postal order for each They have only replied to the charge card CCA Will post if they send anything else and if M@S reply to my SAR Thank you for your time

[catrin2468]

Re: 1st Credit and CCA

Ok so this morning I received the SAR request off M@S they have sent the same forms that 1st Credit sent me (in post 12 CCA and post 13 the 1996 T@C) but they are not clear to read like the ones 1st credit sent The CCA is still a application form There are no prescribed terms help by M@S what 1st credit sent is what M@S hold (hope that makes sense) The final demand and default notice I will try and post up they are strange ?? There is no paperwork to show when M@S sold the debt to 1st Credit only when they past it to Westcott but no date on letter Have heard nothing off 1st credit as of yet nor have they replied to my CCA request for the personal reserve account will try and post what I have

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I cant find any key to the codes in the above letters

[catrin2468]

Re: 1st Credit and CCA

Have sent the application form that M@S have sent as CCA for the personal reserve account to [MENTION=49370]Kati[/MENTION] for help to remove personal terms and will post T@C that they sent cant read the T@C 1st credit still haven't replied to my CCA for this account
Do I need to be worried or just sit and wait as to what will be 1st Credits next move sorry for all the posts but just alittle worried Thank you

[Kati]

Re: 1st Credit and CCA

here you go xx

[catrin2468]

Re: 1st Credit and CCA

Thank you very much !!

[catrin2468]

Re: 1st Credit and CCA

Sorry to sound like I am nagging but do I have anything to worry about or do I just sit tight and see what happens next as letters off 1st Credit have been all if's and maybe's Thank you for reading

[catrin2468]

Re: 1st Credit and CCA

Just an update Yesterday the CCA arrived for the personal reserve account one set of T@C is dated 1998 (account was not opened till 1999) second set of T@C for I think when account defaulted has no dates on it in the statements of payments they have a default date which isn't the same as the date in the SAR off M@S given me 14 days to contact them
With the store card they sent a letter before xmas telling me they were sending a letter before action So I think it maybe as warwick65 said in post #16 above they will combine the two Will come back when the letter before action arrives thanks for reading

[Amethyst]

Re: 1st Credit and CCA

Does the agreement that's come from 1st Credit under the CCA request match the one M&S sent you, and have they typed it out for legibility as well as including a copy of the original ?

Date stamp June 1999 ?

How much difference in the default date between M&S records and 1st Credits ?

[Amethyst]

Re: 1st Credit and CCA

Okay we have two accounts on this thread don't we, the charge card and the personal reserve, so just checking right documents being looked at for right account....

PERSONAL RESERVE DOCUMENTS ( account opened 1999)
sent by M&S SAR

• default notice(template)
• final demand (template)
• Personnal reserve CCA.pdf
  personal reserve terms pdf

sent by 1stCredit

• 1st credit letter PR 1.pdf
• 1st credit letter PR 2.pdf
• 1st credit TC 1998.pdf
• 1st credit TC PR no date front.pdf

CHARGE CARD DOCUMENTS ( account opened 1996 )

sent by 1st Credit

• letter off 1st credit.pdf
• pg 2 1st credit.pdf
• Terms 1996.pdf
• Terms 2005.pdf
• CCA copy
• Application FORM

anything from M&S in the SAR ?

[catrin2468]

Re: 1st Credit and CCA

Hi Thanks for help answer to post #26 The CCA agreement for the personal reserve off 1st credit was a copy typed out to make it clearer (the CCA and terms in post #27 under personal reserve are what M@S sent me in the SAR )up until yesterday 1st credit had not sent anything I will upload later and send it to someone as I cant remove details They didn't include an original copy It is date stamped June 1999 but they sent terms for 1998 and another set of later T@C with no date as to when they are for
The SAR off M@S included lots of paper work which was all in code did post some up which you have kindly grouped together for me The default in the SAR call log was 01/04/09 and 1st credit have default as 2009/08/20 there is no log of Default for chargecard and 1st credit have not included one sorry so long winded

[Diana M]

Re: 1st Credit and CCA

I am not sure of last payment was paying M@S £1 per month stopped that around 2012 so I know its statue barred in 2018 Don't now when I defaulted the account

In post #10 you say that you believe the debt may become Statute Barred in 2018. Is that the same for both of these debts?

If you were making £1 token payments at that point (not the monthly minimum contractural amount) it’s possible that you would have been issued with a Default Notice before then.

What does your SAR tell you about the last payment and any DN date? You say the SAR shows 2009 as the Default date for one of them.

If you are tantalisingly close to SB you need to play your cards very carefully from now on.

Di

[catrin2468]

Re: 1st Credit and CCA

Thank you for reply #10 is wrong sorry SAR shows token payments up to 2014 of £1 per month to both The only record in call log of default notice is for the Personnal reserve account on 1/4/09 there is no record of default notice for charge card I defaulted accounts well before 09 Have letters in SAR with final demand etc but they are all in code and not dated Will post what 1st credit sent yesterday