1st credit saga

[zohra]

Hi All

I hope someone can assist me to respond to 1st Credit. they bought my debts from LLoyds tsb which was under dispute for years. In November/December they contacted me to highlight that there are DCA buyer of debts. after so many letters, warning etc etc, I told them in writing for a CCA request, added 1 pound. since than they missed the deadlines of the debt being unforceable (12+2 days). I have just received a letter from them apologising for the delay but they are unable to obtain a copy of my CCA as it is not regulated by CCA 2011. I am replying to them highlighting that I am still entitled to obrain a CCA or reconstructed agreement with prescribing terms until than is still unenforceable. Furthermore, they state that they will send statement of accounts which to be honest, I want them from 2001. as they stated in their letter that my account was opened in 2001. where there is discrepancies in my credit report shows that my account was opened in 2009 which is incorrect, it seems that some DCA buyer alter your credit report "they have re-aged the debt with inaccurate information.

can someone advice me as follows
1) the fact they bought the debt without accurate paperwork seems in breach of OFT guidance
2) that they stated the opening of my account 2001 seems that they should have some evidence?
3) that my credit reports shows a re aged of different account opening is a violation of FCRA?

Help will be appreciated, I am sending a recorded letter tomorrow and need to ensure I am applying right template and facts

Many thanks

[zohra]

Re: 1st credit saga

I hope someone can help, i want to send the letter today

[FlamingParrot]

Re: 1st credit saga

Hi and welcome to LB

I hope someone can assist me to respond to 1st Credit. they bought my debts from LLoyds tsb which was under dispute for years. In November/December they contacted me to highlight that there are DCA buyer of debts. after so many letters, warning etc etc,

When did you last make a payment?

I told them in writing for a CCA request, added 1 pound. since than they missed the deadlines of the debt being unforceable (12+2 days). I have just received a letter from them apologising for the delay but they are unable to obtain a copy of my CCA as it is not regulated by CCA 2011.

What sort of account was this? There is no such thing as the CCA 2011. :noidea:

Was it a current account overdraft by any chance?

I am replying to them highlighting that I am still entitled to obrain a CCA or reconstructed agreement with prescribing terms until than is still unenforceable.

That would depend on what type of account it was.

Furthermore, they state that they will send statement of accounts which to be honest, I want them from 2001.

I doubt 1st Crud would be able to supply statements going that far back. You'd need to send a SAR to Lloyds and even then, most banks only supply data for the past 6 years, not 13 years.

as they stated in their letter that my account was opened in 2001. where there is discrepancies in my credit report shows that my account was opened in 2009 which is incorrect, it seems that some DCA buyer alter your credit report "they have re-aged the debt with inaccurate information.

That was probably when the account was sold to them, however, the most important thing when it comes to credit files, is that the default date is accurate, to make sure it drops off after 6 years. :thumb:

[FlamingParrot]

Re: 1st credit saga

1) the fact they bought the debt without accurate paperwork seems in breach of OFT guidance

Where does it say so? In fact, debts tend to be sold in 'job lots' without any paperwork.

2) that they stated the opening of my account 2001 seems that they should have some evidence?

When do you think you opened the account and why do you regard this as significant?

3) that my credit reports shows a re aged of different account opening is a violation of FCRA?

Help will be appreciated, I am sending a recorded letter tomorrow and need to ensure I am applying right template and facts

I hope someone can help, i want to send the letter today

What's the big rush? If 1st Crud are not chasing you for payment or threatening legal action, merely stating they can't find your agreement, there's no reason to send them anything.

Before we can suggest what letter to send, we'd need to know what type of account this was and and what you'd like to achieve by sending the letter in question. If you'd like to obtain historical statements, then your best bet is to SAR Lloyds, bearing in mind you're not likely to get anything as old as 2001.

[zohra]

Re: 1st credit saga

thank you for you reply

i did not make any payment since september 2009 as the account was in dispute with ombusman.
the account was an overdraft account
the account was opened in June 2001

I doubt 1st Crud would be able to supply statements going that far back. You'd need to send a SAR to Lloyds and even then, most banks only supply data for the past 6 years, not 13 years

i have mine since 2001

That was probably when the account was sold to them, however, the most important thing when it comes to credit files, is that the default date is accurate, to make sure it drops off after 6 years

my credit report shows that my account was opened in september 2009 which is incorrect

Where does it say so? In fact, debts tend to be sold in 'job lots' without any paperwork

that is my misunderstanding

When do you think you opened the account and why do you regard this as significant

there need to have some sort of documentation to know the date? this is significant in relation to my credit report misleading information showing 2009

in their letter they stated that they will send statements, which i never requested from them. Thereby if the account was opened pre 2007, is cca guidance is different as regards to a signed agreement? many thanks for your support, my head is buzzing with reading cca!!!
they bombarded me in december they bombarded me with so many letters of intent that i have lost count, than after a period of 4 months silence, they send me this stupid letter as regards to CCA 2011, knowing that it does not exist. not too sure what will be next step if they send me statements?

[FlamingParrot]

Re: 1st credit saga

thank you for you reply

i did not make any payment since september 2009 as the account was in dispute with ombusman.
the account was an overdraft account
the account was opened in June 2001
i have mine since 2001
my credit report shows that my account was opened in september 2009 which is incorrect
that is my misunderstanding
there need to have some sort of documentation to know the date? this is significant in relation to my credit report misleading information showing 2009

in their letter they stated that they will send statements, which i never requested from them. Thereby if the account was opened pre 2007, is cca guidance is different as regards to a signed agreement? many thanks for your support, my head is buzzing with reading cca!!!

There is certainly a difference if an account was opened before April 2007, in terms of a court being able to enforce it without a properly executed agreement containing all the prescribed terms. However, this would only apply to accounts covered by the CCA, such as loans and credit cards, not to overdrafts. You wouldn't have signed a credit agreement for an O/D since it's a facility attached to a current account.

they bombarded me in december they bombarded me with so many letters of intent that i have lost count, than after a period of 4 months silence, they send me this stupid letter as regards to CCA 2011, knowing that it does not exist. not too sure what will be next step if they send me statements?

They must be referring to the The Consumer Credit (EU Directive) Regulations 2010. These regulations set out what information should be supplied at the time of opening a current account with an overdraft facility, however, they would have been in place in 2001 (or even in 2009), which is why they say they don't apply. You may want to look at this thread: http://www.legalbeagles.info/forums/...144#post312144

[zohra]

Re: 1st credit saga

thank you for the information, now it does make sense. i guess i will wait for 1st credit to make the move

[zohra]

Re: 1st credit saga

After 1 year, I have just received Lloyds statements (which I had original copy) but first credit put a snapshot of their financial system (i.e make up the balance to bring it to outstanding debt). all information are incorrect and does not tally to Lloyds statement that they sent. I contacted them tonite and they were apologetic, is the debt still enforceable when whey manipulate the information to bring it to balance outstanding. their snapshot 3 pages do not tally to statements by Lloyds their excuses are Lloyds well actually , their covering letter stated they "it has been necessary to supply additional post default payment history. this is a snapshot from our system and can be found at the back of the statement" what. I am checking the date on their snapshot and it is completely incorrect if you tally them to Lloyds TSB, please advise

There is certainly a difference if an account was opened before April 2007, in terms of a court being able to enforce it without a properly executed agreement containing all the prescribed terms. However, this would only apply to accounts covered by the CCA, such as loans and credit cards, not to overdrafts. You wouldn't have signed a credit agreement for an O/D since it's a facility attached to a current account.

They must be referring to the The Consumer Credit (EU Directive) Regulations 2010. These regulations set out what information should be supplied at the time of opening a current account with an overdraft facility, however, they would have been in place in 2001 (or even in 2009), which is why they say they don't apply. You may want to look at this thread: http://www.legalbeagles.info/forums/...144#post312144