1st Credit/Lcs Solicitors

[beero7]

Please help!
I had a credit card with MBNA for £4000. back in 2000, i took out a loan and this was cleared (as far as i was aware), that was the last i heard about this until 29/03/2007 when i received a letter from 1st credit say i owed £2307.42 But I could then make a settlement payment of £1800.00 there and then or they would declare me bankrupt.

Since then me and my wife have received threating phone calls (i dont know how they got either mobile phone number especially my wifes as we had not even met when i had the credit card) and letters.

Since they threatened to come to my house and remove goods to the value of the debt, also they said that they were putting a charge against our jointly owned house for £3173.30, i reluctantly agreed to make monthly payments in Feb 2008 to clear this (even though i am still adimant i dont owe it) and to also stop the stress and arguements that were going on between me and my wife as she was scared of being in the house with our newly born child in case anyone turned up to take away our furniture.

Lcs solitors agreed £2300 and i would pay £230 a month for ten months, After the first payment was paid by card over the phone on 13/2/2008 i was told that 1st credit would send out direct debit forms so that the payment could be taken monthly but these have never been received (its now been four months).

The next correspondence i have had has been a Judgement for Claimant in default form for £3104.40 (The judgement was made 6/6/2008. I don't know what to do!! I have borrowed the money from my parents to clear them and be rid once and for all.

but as i looked for a phone number for LCS solicitors to tell them i was sending a cheque your forum came up - as you can imagine i have not send a cheque but really don't know what to do now?

After re-reading all the letters from 1st credit i have three different amounts that they are chasing and none of the match the original debt of the card which as far as i still aware was settled in 2002 by Welcome Finance when i took out my loan. (I have tried to contact Welcome Finance to get written proof that they settled my credit card but to no joy.)

The most annoying this is that either Welcome Finance have £4000 of my money or 1st Credit have got details that they should not have had access too.

I have spoken to the courts to see what i can do they told me to down load a N244 form and pay £75 to get the judgment set aside giving edvidence to how/why i dont think i owe the money.

[veryweary]

Hello beer07,
Sorry I don't know enough to advise on how to get a CCJ set aside, but there is currently a thread in the Legal Section called 'Getting Judgement Set Aside, help please' which may be of help to you meantime, until someone with knowledge comes along to help.

My reply should bump you up to the start of the queue and hopefully someone else will be able to help you.

There are ways of making Welcome Finance give you details of your account with them to see where your £4000 went, one, one of which is by sending them a S.A R. request with the £10 fee. They then have 40 days to provide it.

[beero7]

i'll try that thanks.

[veryweary]

Here's the link to national debtline factsheet which gives some details on how to apply for CCJ set aside. I'm not much use with PC's so hope this works

Money, tax and benefits : Directgov
and link to other thread I mentioned on set asides
Getting judgement set aside help please.

Might be an idea to give national debt line a ring on 0808 0808 4000. or contact your local CAB to get help filling out the N244, as it needs to be right.

Couple of questions

-Did you ever make a payment, or acknowledge this account between the years 2000 and 2007?

-Did you ever request a copy of your Consumer Credit Agreement from 1stCredit, sent with signed/recorded delivery.

-Did you receive any other paperwork about this account prior to this Default Court Judgement, like court papers, default notice, Notification of Assignment to 1stCred, or a Letter Before Action, warning that if you didn't pay then court proceedings would commence?

-Do you have any documentation showing that Welcome Finance were to pay off the MBNA credit card, or statements from MBNA showing it was paid.

Hopefully an expert will drop in soon

[beero7]

Thanks again,

No i have no records from welcome or mbna, the only time i paid anything was £230 on 13/2/2008 to 1st credit.

1st credit reckon i paid £15 in 2002 but i cant remember that, the Loan from welcome was taken out in 2002.

i have had all the normal letters from 1 crud and Lcs but received nothing from the courts.

i have always told 1st crud that as far as im concerned i dont owe the money, But only found out about CCA since i found this site i have downloaded a template letter to CCA 1st Crud which will go off tomo (recorded of course).

I have also down loaded a Subject Access Request to send to Welcome finance but haven't got a address, ive got a fax number and have faxed and asked for a address but nothing yet.

Thanks again

[veryweary]

I'm only new to forum , so I'm no expert and really hope someone who knows will give correct advice. I'm just digging about trying to find out some info for you in the meantime.

At the moment your priority I think needs to be getting the Court Judgement set aside. And I read that it's best if you apply as soon as possible.

Once you'e done that ,as far as I can read you then get an oppurtunity to defend and that's when the lack of enforceable CCA, other things etc will come into play

Are 1stCud chasing you on behalf of MBNA or Welcome?

Because if it's for the MBNA card and if you didn't acknowledge or pay anything into this account for 6 years (5 in Scotland), whether you allegedly owed the money or not, then it would have been statute barred , 1stCred should not have went to court, and that alone would be a reason to have the CCJ set a side.

Will be back later, unless someone comes along to help.

[beero7]

They are chasing on behalf of MBNA, the last payment should of been when my loan company welcome finance settled the account in 2002

[veryweary]

Think you should send a private message to one of the moderators and ask them to have a look at your thread for you.

[beero7]

I Have just done it, Thanks again.

[ODC]

Here is the registered office of unWelcome Finance

Registered Office: Kingston House, Centre 27 Business Park, Woodhead Rd, Birstall, Batley WF17 9TD.

Send the Subject Access Request to them. Send the CCA off to Worst Credit

I would also be inclined to Subject Access Request MBNA


Now did you make any payments to unWelcome finance after you got the loan from them.

[The GodMother]

you also need to get judgement set aside.

Her Majesty's Courts Service - Home fill out form number n244 and for low income/benefits form ex160. there are guidence notes for the ex160.

If u need help with the n244 then shout me as i can help.

[babybear39]

Hi beero,

I've read through your thread as requested.

Unfortunately, I know very little about getting CCJs set aside, but the advice you're getting is excellent.

What exact date did 1st crud say you made the £15 payment? The reason I ask is that the alledged debt may have been statute barred when they got the judgement by default.

Good luck with these *****

[2Grumpy]

Have you moved house since you took out the cc?

Is there any reason that you wouldn't have received any letters / statements from them.

It seems odd that things suddenly kicked off like this.

[beero7]

Firstly Thank you all for your advice,

Today i sent the N244 form to the courts with a lot of help from another thread.

I also sent a CCA to 1st Crud and a S.A.R - (Subject Access Request) to welcome (All by Royal mail special delivery)

ODC, I did make my normal monthly payments to welcome after i got the loan and this loan was settled in 2004 when my flat was sold.

Babybear, I haven't got a clue what date i was meant to of made this payment to MBNA as i was told it by one of 1st crud bully's on the phone.

grumpy, Yer i have moved a few times since i had the credit card with MBNA But Ive always owned the place i moved to and been on the electoral register etc etc.

I'm sure if someone wanted to find me they would have, Surely it would not take 5 years to do so.

Thanks again.

[2Grumpy]

Hmmm ... so it's worth while tracing you after they have a CCJ in your absence but not before it!

You can imagine the scenario - they give you a settlement figure valid up to your completion date on the sale of your flat, the date slips so the balance is a couple of quid higher. Not worth doing anything for a couple of quid, but a few years later it's a nice little earner.

If your last payment was in 2004 this should show up on your credit file - it's within the last 6 years. It would be worth while getting your credit file, or a Subject Access Request of whichever CRA they use for more information such as tracing

If they made no entries for a long time, then went for the CCJ, then traced you (or traced you before the CCJ but didn't contact you) then you would be in a much better position.

Alternatively this could be a case of mistaken identity.

[beero7]

Update,

I have heard nothing from either 1st crud (who i CCA'd) or welcome (who i sent a Subject Access Request to), Both was sent by royal special delivery and were garenteed to be there by 1pm on the 30th June 2008.

Also, i sent a N244 form to the court the same time and havent heard anything from them.

my wife wrote the cheques for all three and 1st cred cashed their cheque on 4th July 2008 and the court cashed their cheque on 4th July 2008 but welcome have not cashed theirs.

Does anybody know what to do now?

[djweeble]

Something seems amiss here, you should have at least recieved some form of communication from the court by now.

I would be straight on to the phone to the court on Monday morning to make enquiries.