letter from 1st credit

[Silverback]

Re: letter from 1st credit

Hello Wiggers11!

why the sudden change in tone, 2 weeks ago they were ready to take me to court??

This is a standard DCA trick.

They just want to get you on the phone, so they offer an undisclosed inducement in the form of a Carrot dangling on the end of a Stick.

When you call them, they will then whack you with the Stick.

Keep it in writing, and send them a letter if you wish to request more details.

They almost certainly won't respond, because it was the call from you they wanted, so that they can play mind games.

But dropping them a line keeps the Audit Trail of letters going, and denies them any excuse to call you.

When writing, remind them, assuming you have not already done so, that you require all contact from them to be in writing. Make it clear that you will not communicate with them via Telephone at any stage.

Silverback

[wiggers11]

Re: letter from 1st credit

hi thanks for the info, i am still waiting for them to respond to the cca request i sent them! surely if i write back asking for more details of settlement offer then i am effective acknowledging the debt??

i answered the phone to them accidentally the other week and informed them i wouldnt discuss anything over the phone with them.

i have also noticed their letters are delivered by TNT post, there is no dates on the envelopes.

there is nothing on my credit file re this agreement, i have not been making any payments to them, is it worth chasing them up with a cca reminder?

[Never-In-Doubt]

Re: letter from 1st credit

Silver,

With the CCA Request it is 14 days! So the layman calculation is 12 days (this is mon-sat x 2 weeks) plus two extra days for delivery = 14 days.

It is therefore in default and unenforceable (ie the creditor can try and enforce it but a judge would not be able to enforce as per s.127) as at 14 days from the 1st June = 15th June.

So in esseence from 15th June it is technically unenforceable - however we usually send a chaser letter - so i'd suggest you send this next (ie Monday):---> CCA Reminder

[Riz]

Re: letter from 1st credit

The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 specify 12 working days.

+ 2 for assumed postage.

Saturday & Sunday do not count as working days as far as I remember?

[Riz]

Re: letter from 1st credit

http://www.legislation.gov.uk/ukpga/1974/39

“working day ” means any day other than—

(a) Saturday or Sunday,
(b) Christmas Day or Good Friday,
(c) a bank holiday within the meaning given by section 1 of the M21Banking and Financial Dealings Act 1971.

[wiggers11]

Re: letter from 1st credit

ok so worst case scenarion for me they have until sometime next week to respond at the latest.

[Riz]

Re: letter from 1st credit

ok so worst case scenarion for me they have until sometime next week to respond at the latest.

Exactly.

[Never-In-Doubt]

Re: letter from 1st credit

Ahh, but are we forgetting; we're not using this as a legal basis - its a simple timeframe that we don't need to get technical on - its a CCA Request lol.

My point being, if the DCA has not responded after 8 working days they aint gonna reply after 10 are they? Thus in its simplist explanation, if you post something on the 1st - by the 15th you can send a follow up.

If you're talking legal papers, then yes - I follow normal legislation on working and non working days! See my recent convo with kentishbloke - we discuss dates in great detail there!

Difference being this is a basic s.78 request; nothing really that urgent as the lender/dca will not be taking action this early on (ie at cca request point).

[Silverback]

Re: letter from 1st credit

Hello Niddy!

It is 12 Working Days, but a beggar to track down why, this may help.

See: The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 SI 1983/1569

Prescribed period

(2.) The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1 of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.

Then see the Schedule:.

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN RELATION TO REGULATED AGREEMENTS

SECTION OF THE ACT

Column (1), Duty = (2)

77(1) = Duty to give information to debtor under fixed-sum credit agreement.
78(1) = Duty to give information to debtor under running-account credit agreement.
79(1) = Duty to give information to hirer under consumer hire agreement.
103(1) = Duty to give debtor or hirer under a regulated agreement termination statement or serve counter-notice.
107(1) = Duty to give information to surety under fixed-sum credit agreement.
108(1) = Duty to give information to surety under running-account credit agreement.
109(1) = Duty to give information to surety under consumer hire agreement.
110(1) = Duty to give debtor or hirer copy of any security instrument executed in relation to agreement after making of agreement.

As Rizzle then says, the extra +2 Working Days are for assumed Service via 1st Class Post.

This will be based upon s7 of The Interpretation Act 1978, and the subsequent 1985 Queens Bench Practice Direction that clarified that 1st Class Post means +2 Working Days must be allowed for Service via Post, and 2nd Class Post means +4 Working Days must be allowed for Service via Post.

That's why I was saying allow 12 Working Days +2 Working Days for Service, but to be safe, make it +4 Working Days. After that, there can be no doubt they have failed to respond.

HTH

Silverback

[Never-In-Doubt]

Re: letter from 1st credit

ok so worst case scenarion for me they have until sometime next week to respond at the latest.

Which they won't - stop worrying about the date so much, its a CCA Request so basically give it till Monday then send the reminder - it just keeps them on their toes - you're not threatening them with any legal action so if you're a few days early, so what! You need that paperwork so they should be trying to supply it to you or at least keep you updated.

If however they have written to you saying they are looking for it and to bear with them, you wait - pointless making threats - it may take them a month or a year to come up with a recon or agreement!

[Never-In-Doubt]

Re: letter from 1st credit

Guys

Great form of discussion but we're getting way too technical for something so simple here!

Remember this is stage 1 of a lengthy process and usually dates don't play a large part in things, certainly not for requesting cca.

Lets keep it simple -

[wiggers11]

Re: letter from 1st credit

ok i think i have it lol!!

the last letter they sent me was today when they offered me a discount if i called them, this was dated 14th June 2011.

Previous one to that was dated 03 June saying that they had received my correspondence and would be responding to me.

so are you saying to wait now and do nothing until they produce an agreement??

[Riz]

Re: letter from 1st credit

Guys

Great form of discussion but we're getting way too technical for something so simple here!

It doesn't matter all that much here, but it might in other cases or different circumstances.

Incorrect info on this thread may be read by someone else and incorrectly used by them.

Just because it "doesn't matter" doesn't mean we should give out dodgy info.

[Silverback]

Re: letter from 1st credit

Hello Niddy!

Great form of discussion but we're getting way too technical for something so simple here!

Much as I don't want to, but I have to disagree on that.

A CCA Request is potentially crucial, and it is important to know when they go into breach of that request.

The above SI is Statute, and confirms how the exact point of default on their part occurs, based on key events:

When the Request was Sent and when Delivery can be assumed, next Day if that can be proved such as via Recoded or Special Delivery, or +2 Working Days for 1st Class, and +4 for 2nd Class.

The clock at their end starts ticking down from the day after Service of the Statutory Request.

Using the above Statute SI 1983/1569, the Borrower can then say for absolute certain when the request has gone into default, after which the Constraint on enforcement applies.

Sorry to be pedantic, but the times are very important when building up a case against them.

HTH

Silverback

[wiggers11]

Re: letter from 1st credit

ok so they sent me a letter from a named person saying they had received my letter and it had been passed to relevany dept, dated 3rd June, futher letter dated 14 june saying offering me a discount if i called them, is this their official response to my original letter. are they backing off because they dont have the agreement. do i sit tight and wait or do i hassle them, my current situation is that i am not paying them anything and the agreement is a no trace on my credit file,