1st Credit now claiming old HSBC loan

[clarew77]

Re: 1st Credit now claiming old HSBC loan

What is A CCA?

[MIKE770]

Re: 1st Credit now claiming old HSBC loan

consumer credit agreement

[clarew77]

Re: 1st Credit now claiming old HSBC loan

Thanks.
C

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Well....... I sent the CCA reuest on 5th October and it is now the 18th October. I received a reply letter early in the week stating that they had received my letter and were going to contact HSBC etc.. However, 12 working days is almost up so I expect to receive a letter from them soon stating that they will not be able to provide the details I require etc.. This is what MKDP did..

If they do this I am going to write back to them stating that if they cannot provide this information within the required time period, they have been harrassing me for something that they have no legal claim to and will report them to the Credit Services, Association like sugarcane did above, as well as the FOS, enclosing all of the documentation that they have sent to me along with a phone/email/text message/voicemail log..

I left this too long with MKDP but not this time..

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Hello everyone..

I've had to set up a new profile to the one above (wesd25) as I've forgotten my password and I don't seem to be able to re-set it..

I've been refreshing my memory about this 1st Credit attempted claim. I can't believe they first contacted me in October last year! I did receive a reply some months later stating that they weren't going to abide to my request as I hadn't signed the CCA request, which I find a little odd. I would have written my name in capitals at the very least. They effectively ignored my request..

Anyway, they've since been sending me letters, calling with their irritating automated messaging system etc practically on a weekly (or daily as far as phone calls are concerned) basis for the past 6 to 8 weeks or so and it looks like they are about to pass both accounts on to their legal department as I've been ignoring them for the time being. I'll resend a CCA request for both accounts again next week. I need to get myself organised again as everything has got shoved in the same box as the MKDP stuff and I've been busy trying to sort my life out after a rough time..

On Saturday, I received an email that attempted to get me to reply to give them permission to contact me by email to comply with the data protection act. I'm not sure where that stands legally..? If they needed permission to contact me by email to comply with the data protection act, they're broken it by sending me an email asking me to give them permission to contact me in the first place..

Anyway.. I hope everyone is well and enjoying the Summer.. I'm off to write another post about a ridiculous problem that has arisen with my van..

Cheers,
Dan..

[nemesis45]

Re: 1st Credit now claiming old HSBC loan

Hi Dan,

In my opinion it would be worth resending a CCA request to 1st Credit, (£1 fee) although technically a CCA request does
not need a signature some companies insist, if you have and concerns sign over an "anti tamper strip " or over patch of X's
in a light font colour.



nem

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Hi Nem..

Thanks for your reply.. I've been waiting until they pass their claims over to their legal lot so they'll definitely be receiving new request for both accounts.. I'm going to write my name in big capitals this time so they won't be able to miss it..!

When I went to Court over the MKDO claim, I remember the Judge being somewhat annoyed with MKDP for ignoring a legal request. If 1st Credit do the same thing, hopefully that'll go against them if this does ever get that far.. Hopefully it won't this time..

Cheers,
Dan

[nemesis45]

Re: 1st Credit now claiming old HSBC loan

Hi Nem..

Thanks for your reply.. I've been waiting until they pass their claims over to their legal lot so they'll definitely be receiving new request for both accounts.. I'm going to write my name in big capitals this time so they won't be able to miss it..!

When I went to Court over the MKDO claim, I remember the Judge being somewhat annoyed with MKDP for ignoring a legal request. If 1st Credit do the same thing, hopefully that'll go against them if this does ever get that far.. Hopefully it won't this time..

Cheers,
Dan

Don't get caught out by 1st Crudit, they can be sneaky with claims!!

nem

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Thx.. sneaky or not, they're not above the Law.. New requests will be sent next week.

Also, the original circumstances surrounding my accounts with HSBC fall under the Unfair Terms in Consumer Contracts Regulations 1999 (irrespective of HSBC saying otherwise) so 1st crooks are attempting to claim something that was the result of HSBC's unfair treatment of me..

HSBC never tried to take me to Court over these accounts.. I wonder why..

[nemesis45]

Re: 1st Credit now claiming old HSBC loan

Thx.. sneaky or not, they're not above the Law.. New requests will be sent next week.

Also, the original circumstances surrounding my accounts with HSBC fall under the Unfair Terms in Consumer Contracts Regulations 1999 (irrespective of HSBC saying otherwise) so 1st crooks are attempting to claim something that was the result of HSBC's unfair treatment of me..

HSBC never tried to take me to Court over these accounts.. I wonder why..

Not worth the time and the costs, easier just to sell on.

nem

[FlamingParrot]

Re: 1st Credit now claiming old HSBC loan

Hello everyone..

I've had to set up a new profile to the one above (wesd25) as I've forgotten my password and I don't seem to be able to re-set it..

I've been refreshing my memory about this 1st Credit attempted claim. I can't believe they first contacted me in October last year! I did receive a reply some months later stating that they weren't going to abide to my request as I hadn't signed the CCA request, which I find a little odd. I would have written my name in capitals at the very least. They effectively ignored my request..

Anyway, they've since been sending me letters, calling with their irritating automated messaging system etc practically on a weekly (or daily as far as phone calls are concerned) basis for the past 6 to 8 weeks or so and it looks like they are about to pass both accounts on to their legal department as I've been ignoring them for the time being. I'll resend a CCA request for both accounts again next week. I need to get myself organised again as everything has got shoved in the same box as the MKDP stuff and I've been busy trying to sort my life out after a rough time..

With regards to the telephone harassment, you may want to look at this thread: http://www.legalbeagles.info/forums/...om+harrassment

Anyway.. I hope everyone is well and enjoying the Summer.. I'm off to write another post about a ridiculous problem that has arisen with my van..

We are indeed. Last week was lovely down here.

[jon1965]

Re: 1st Credit now claiming old HSBC loan

In the past when creditors have written back wanting a signature I have sent them this

Dear Sirs
Ref: xxxxxxxx
Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation before you will comply with my CCA Request however, I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature. If it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I wonder, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?
As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

• Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity; which therefore means that this account looks likely to become unenforceable until such time you actually respond to my lawful request for a copy of the agreement. I am not going to sign anything as there is nothing that formally allows you to demand such, any future failings will be swiftly reported to the regulatory bodies so I politely suggest you adhere to this refusal.
I look forward to receiving the documentation requested, within the next 14 days.
Yours faithfully,

Sign Digitally

Even with RBS who are quite well known for wanting a signature it worked. Although it goes against the grain for me and I would not recommend it I can see no real reason why , with an anti tamper strip, a new CCA request should not be sent off.
Meanwhile the fact that you can prove they received the first one ( I assume you can) should be enough to make the account temporarily unenforceable . On the other hand actually seeing what they have is more useful as you will know if they have a leg to stand on.


P.S I think I sent out something like 25 CCA requests in 2012 and eventually all responded in one way or another , with either some type of agreement or a letter saying they couldn't find it

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Hi Jon..

Interesting.. Thanks for this.. As I have yet to reply to any of their recent threats, I might send it to them.. I'm sure it'll be the last thing they'll expect to receive, it'll be interesting to see what they say, if anything.. If they get stupid, I'll just send another one and report them to the FCA for ignoring the first one, if that helps..

I'll have a receipt for the postage in my receipts somewhere but they have already said that they had received my request and decided to ignore it..

I'll have to CCA the other account as well so I'll get myself organised tomorrow.. I think it will be better than waiting for their legal department to start contacting me..

Thanks again..
Dan

In the past when creditors have written back wanting a signature I have sent them this



Even with RBS who are quite well known for wanting a signature it worked. Although it goes against the grain for me and I would not recommend it I can see no real reason why , with an anti tamper strip, a new CCA request should not be sent off.
Meanwhile the fact that you can prove they received the first one ( I assume you can) should be enough to make the account temporarily unenforceable . On the other hand actually seeing what they have is more useful as you will know if they have a leg to stand on.


P.S I think I sent out something like 25 CCA requests in 2012 and eventually all responded in one way or another , with either some type of agreement or a letter saying they couldn't find it

[wesd25]

Re: 1st Credit now claiming old HSBC loan

Thanks FP..

Very interesting about the harassment.. I haven't, nor do I intend to, make any agreement with them so this might not apply to my situation but I'll file it in the back of my mind in case.. Glad to know that there is now a precedent against this now..

It has been very hot here and we had an incredible electric storm the other night too. Lightning all over the place.. During the previous night, there was the crack of thunder from hell at about 2am that nearly gave me a heart attack.! Just one, no distant rumbles to let you know there was a storm on the way!! Not even a rumbling build up on the single thunder clap. Just instant loud near heart attack inducing thunder! Sounded like someone let off a bomb in the house, it was that loud!

Cheers,
Dan..

With regards to the telephone harassment, you may want to look at this thread: http://www.legalbeagles.info/forums/...om+harrassment


We are indeed. Last week was lovely down here.

[FlamingParrot]

Re: 1st Credit now claiming old HSBC loan

Thanks FP..

Very interesting about the harassment.. I haven't, nor do I intend to, make any agreement with them so this might not apply to my situation but I'll file it in the back of my mind in case.. Glad to know that there is now a precedent against this now..

As with all template letters, they need to be adapted to suit. The main point of that one is to address the harassment, not to make an agreement with them. Any wording that's not relevant should be edited or removed.

It has been very hot here and we had an incredible electric storm the other night too. Lightning all over the place.. During the previous night, there was the crack of thunder from hell at about 2am that nearly gave me a heart attack.! Just one, no distant rumbles to let you know there was a storm on the way!! Not even a rumbling build up on the single thunder clap. Just instant loud near heart attack inducing thunder! Sounded like someone let off a bomb in the house, it was that loud!

Cheers,
Dan..

There was a storm on Friday night but it was quite distant, I could see the lightning but not hear the rumble of thunder and very little rain fell here at that point, however, there was a power cut. I must say I'm terrified of lightning. :behindsofa: eep: