Tweet
Well I thought I'd share this one with you all, as I know that 1st Credit have been given an 'official warning' by the OFT about their collection practices.
Bit of background: This is a Lloyds Credit Card debt of my OH's from a while ago, that was passed to 1st Credit a couple of years ago and we paid £90 month as and when we had it so when things were bad here I admit we defaulted a few times. Then early last year we made arrangements to pay £175 monthly by direct debit and all has gone swimmingly along till last week, when unfortunately I paid the money in the account to cover it about 10 mins after they applied for the payment so bingo it failed, usually I BACS the money for our household direct debit account a few days early but I was really unwell and couldn't even sit in front of the pooter to do the deed.
Anyways I thought that like other companies 1st Credit would re-apply and all would be ok, till the phone rang today.
Now usually I would normally heed my own advice and state that we don't talk business on the phone and everything in writing blah blah, but I though hey, this is a simple one just tell the guy to re-apply and all will be well.
What a mistaka to maka, this guy was intimidating, threatening and down right rude, he wouldn't shut up so that I could log into our account (i needed to think passwords and all that), so the upshot was he now says we have defaulted and the only way forward was to either:
a) pay the debt off at 50% of the total owed
b) new payment plan of £550 month
c) they get their solicitors onto it
I explained that I'd dearly love to pay them off but unfortunately we don't have an odd £6k laying about, £550 month at the moment is out of the question so its the solicitors and bring it on.
So having had a nice chat with my pal Curly we have come up with a plan, I'm going to CCA them and see what comes back.
I'm not trying to avoid the debt and if the guy hadn't been so rude and unhelpful I would have carried on paying and when mum's properties are sold would be more than happy to pay them off, but he's ****ed me off and I'm fighting back.
Here's the letter I've sent, its got a couple of bits added on just for effect: I've highlighted them in bold so we can see the added bits.
After receiving a rather disturbing and overly aggressive phone call from one of your agents, I feel compelled to exercise my rights under the Consumer Credit Act.
Therefore:
I NO LONGER ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
Any further telephone calls will result in an immediate litigation under the Protection from Harassment Act with reference to Ferguson vs. British Gas.
I look forward to hearing from you within the statutory time limit.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully,
Bit of background: This is a Lloyds Credit Card debt of my OH's from a while ago, that was passed to 1st Credit a couple of years ago and we paid £90 month as and when we had it so when things were bad here I admit we defaulted a few times. Then early last year we made arrangements to pay £175 monthly by direct debit and all has gone swimmingly along till last week, when unfortunately I paid the money in the account to cover it about 10 mins after they applied for the payment so bingo it failed, usually I BACS the money for our household direct debit account a few days early but I was really unwell and couldn't even sit in front of the pooter to do the deed.
Anyways I thought that like other companies 1st Credit would re-apply and all would be ok, till the phone rang today.
Now usually I would normally heed my own advice and state that we don't talk business on the phone and everything in writing blah blah, but I though hey, this is a simple one just tell the guy to re-apply and all will be well.
What a mistaka to maka, this guy was intimidating, threatening and down right rude, he wouldn't shut up so that I could log into our account (i needed to think passwords and all that), so the upshot was he now says we have defaulted and the only way forward was to either:
a) pay the debt off at 50% of the total owed
b) new payment plan of £550 month
c) they get their solicitors onto it
I explained that I'd dearly love to pay them off but unfortunately we don't have an odd £6k laying about, £550 month at the moment is out of the question so its the solicitors and bring it on.
So having had a nice chat with my pal Curly we have come up with a plan, I'm going to CCA them and see what comes back.
I'm not trying to avoid the debt and if the guy hadn't been so rude and unhelpful I would have carried on paying and when mum's properties are sold would be more than happy to pay them off, but he's ****ed me off and I'm fighting back.
Here's the letter I've sent, its got a couple of bits added on just for effect: I've highlighted them in bold so we can see the added bits.
After receiving a rather disturbing and overly aggressive phone call from one of your agents, I feel compelled to exercise my rights under the Consumer Credit Act.
Therefore:
I NO LONGER ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
Any further telephone calls will result in an immediate litigation under the Protection from Harassment Act with reference to Ferguson vs. British Gas.
I look forward to hearing from you within the statutory time limit.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully,
Comment