No CCA passed to another DCA

[MickKane]

Hi my wife had an Aqua Visa card which was passed onto 1st Credit for her to make payments.

 

She sent a CCA request in October 08 and recieved this letter back.

 

http://a.imagehost.org/0231/1st_credit_letter.jpg

 

 

She has still not recieved a copy of anything.

 

Today she recieved a letter from LCS Solicitors requesting payment for the account.

 

http://a.imagehost.org/0364/LCS.jpg

 

 

 

As we have never recieved our CCA request and the company we sent the request to are now in default do we just ignore this letter from LCS or do we have to tell them about our request for a CCA or even send them another.

 

Thanks

 

Mick

Edited January 19, 2009 by MickKane

[cerberusalert]

Send them this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

First Credit have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

They have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that they are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both Aqua and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, they were also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As they have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[MickKane]

Thanks very much thats very helpful.

 

Mick

[fiftypence]

You need to edit those image files, they have your personal details on them.

[MickKane]

Ooop sorry about that. Thanks Fifty

[MickKane]

Ooops sorry about that. Thanks Fifty

[fiftypence]

It's OK, I heard you the first time

[fedup74]

Fiftypence :lol:

[alfwithhair]

1st Credit will ignore any letters you send and LSC are only their in house monkey law desk.

 

I have had both of these letters.

They have still sent nothing and done nothing.

 

Have refused to correspond with them now unless it is through the courts

[MickKane]

Hi I recieced a response from the letter that I sent to LCS. Yesterday I recieced a letter from 1st Credit and what they say they need to provide.

 

covering letter http://g.imagehost.org/0129/1st_responce.jpg

 

credit agreement http://g.imagehost.org/0894/agreement.jpg

 

Now at the bottom of the agreement it says page 3 of 8 and we have only recieved the one page and it has not been signed on befalf of Halifax.

 

Is there anything else that looks wrong about it or anything else we should have recieved.

 

Thanks

 

Mick

[creditcardmug]

Is your signature on it?, looks enforceable to me, as you would expect, its from 2007, the banks realised their agreements were useless and put them right before then.

[MickKane]

yeah her signiture is on it. what about them only sending one page of eight and them having no signiture

[MickKane]

Does the above not matter if it was signed in 2007

 

Thanks

 

Mick

[creditcardmug]

The thing is the "prescribed terms" are on the page with your signature, a judge would except that im afraid.

 

All the other terms and conditions on the other pages aren't relevant to enforceability, they would produce them as well anyway.

[MickKane]

Ok thanks a lot mate.

 

Mick