1st credit - have the wrong type of account showing in credit files

[tifo]

Hi,

Notice in my credit files that 1st Credit have the account type wrong.

It was actually a credit card account (which they bought) but they have it as a Hire Agreement / Conditional Sale.

Anyone advice what i can do?

[lookinforinfo]

It is certainly an infringement of the Data Protection Act-failing to keep accurate records,
but I can't see it registering high on the Richter scale of offences. Slap a
CCA request on them and hope they don't comply in time.

[tifo]

i have done that and they have defaulted now (12 working days are over).

i also have the same problem from Lowell, where they have detailed a Barclays business account as a Barclaycard credit card (which i have never had). But they have gone further by registering 2 defaults from Lowell Portfolio and 2 from Lowell Financial, making it 4 defaults for the 1 account! Now that must be breaking some rules? After all, only 1 company would have my debt.

[isuedlowellandwon]

They list nearly all their debts as "hire". I am in communication with Experian and the Information Commissioner about this right now. (and probably soon the courts).

They have also used false default dates a hell of a lot of the time, so don't take the date they show as being correct for a New York minute.

The debt might very well be statute barred and they have used a false default date to keep the "zombie debt" showing on your file and get you to contact them. This is unlawful as per the Data Protection Act 1998.

Make the Office of Fair Trading and Information Commissioner aware of this if it turns out to be true.

[tifo]

thanks ...

i don't know about the dates, but the account type is wrong ... if they bought it they should know what it is.

By the way, how did you sue Lowell as i may start doing something soon as they have listed 4 defaults in 2 company names for 1 debt ....

[isuedlowellandwon]

My Lowell thread is here:-
http://www.consumeractiongroup.co.uk...ed-lowell.html

If you sue them don't go for a fixed amount, sue for damages as per the Data Protection Act 1998 and/or Protection from Harassment Act 1997.

You have to do this manually and put "UP TO £1000" etc on the N1 form and cannot use the moneyclaim site, which works for fixed amounts only. Damages need to be determined by the court.

Don't sue them to force them to "comply" with the Act as this would cost £100, sue them for your loss of earnings (dealing with it) and damages because they have not complied.

Once you get that money you can force them to comply in another claim if they didn't do so already! And claim more costs.

The Information Commissioner provides advice in a leaflet here:-

http://www.ico.gov.uk/upload/documen...e_to_court.pdf

[tifo]

thanks. i would use the N1 form anyway ...

why 'upto a £1000'? why not more? small claims can be upto £5000? i'm not getting greedy but what effect do 2 unlawful defaults have on a person, as well as inaccurate information?

but first i need to build a case ...

any info on HRA, Data Protection Act and CCA would be appreciated as i don't really know what the cost is of an inaccurate default (especially one multiplied by 4).

The main issue here is that one of them should not even be defaulting me as they don't own the debt!

[isuedlowellandwon]

Originally Posted by tifo

thanks. i would use the N1 form anyway ...

why 'upto a £1000'? why not more? small claims can be upto £5000? i'm not getting greedy but what effect do 2 unlawful defaults have on a person, as well as inaccurate information?

Well it's up to you for what amount you feel you can justify. You pay for starting a claim on a sliding scale depending on what amount you are claiming.

If you go over £1500 you have to pay the court another £100 when you file the allocation questionnaire a few weeks later, for the claim to continue.

I do it manual and use "up to" because if you claim for harassment or anything to do with damages you really need to let the court decide on the award and not try and quantify it unless you can specifically in a fixed amount claim (like using moneyclaim).

For example you can't just say "I couldn't sleep for 2 nights, I want £200" you'd need to say "I couldn't work due to lack of sleep which caused me loss of income of £200, proof provided."

I never go for fixed amounts anymore using moneyclaim.

I have learned from defences filed of suing 5 DCAs.

[tifo]

Originally Posted by isuedlowellandwon

If you go over £1500 you have to pay the court another £100 when you file the allocation questionnaire a few weeks later, for the claim to continue.

i thought that was only for claims over £5000 and not £1500?

i say this because i have had DCA's take me to court for amounts just near £5k and they only asked for the £120 fee as 'costs', which they got.

[isuedlowellandwon]

Originally Posted by tifo

i thought that was only for claims over £5000 and not £1500?

i say this because i have had DCA's take me to court for amounts just near £5k and they only asked for the £120 fee as 'costs', which they got.

It is listed here under Fee No 2.1

Guide to Civil Proceedings Fees - From 6 April 2006

They made me pay the extra £100 when I sued my landlord for just over £1500 and filed the allocation questionnaire.

[tifo]

ok thanks. ..

i was under the impression that an AQ only got sent for claims over £5k ....

[jackarl]

Hi all
Hope this goes to the right thread .
After arranging to pay all my creditors last year a minimum token payment with advice for the citizens advice bureau and have continued to do so .
I have now written to all my creditors with a new expenditure form and offer of payment but i dont know what to do with 1st credit.
The initial agreement was with the associates and to my dismay they had sold the debt to 1st credt who were initially harrassing me by telephone and using bullying tactics after i was paying the £1 a mth token payment had,t heard anything for a while.
I had a reply from them last week in response to my new offer i had also asked for the original credit agreement to be sent to me with a £5 cheque enclosed.
I rang after the letter i had received stated that they had done a serach on the land regsitry and were filing to get a charging order to impose a sale on the propert and i wanted to inform them the property was rented { so the serach was a lie}.the girl i spoke to said{ it was probably the search on your old property} ? and when i questioned about the oca {original credit agreement } and the fact this was not mentioned on the letter she said if i wanted that they would have to apply yo the original lender. then stated that they have not received a letter ????? the letter i received form them was in response to mine and they had also cashed the cheque??? where do i go from here ? does this mean they cannot chase me for the money if no oca???

awaiting any help
jackarl

[conar686]

Jackarl

I've just been contacted by this org under the same circumstances as you - they bought my debt off Nrthern Rock. I'm starting a thread 'as they seem particularly agressive' and I think i'll need some help in sorting them out.

MAC

[Foggieloon]

Originally Posted by conar686

Jackarl

I've just been contacted by this org under the same circumstances as you - they bought my debt off Nrthern Rock. I'm starting a thread 'as they seem particularly agressive' and I think i'll need some help in sorting them out.

MAC

Hi there,
1st Credit bought my debt off Northern Rock.They have issued me with a Sheriff Court summons. I have been paying this debt back for over six years with a DMP and never missed payments.
The original default with Northern Rock was in 2000, and 1st Credit have stated I defaulted again in 2003 when they bought the debt.
The sum involved is £4,400.
1) Can I do anything about the Sheriff Court summons (URGENT)
2) Can 1st Credit say I have defaulted on a debt that was defaulted with Northern Rock

[rory32]

What does the court summons state?

Was the original Northern Rock account a loan, a credit card or something else?

Do you know if there are charges on the account? If so, do you have any idea how much these might be?

[rory32]

Have you ever received a Notice of Assignment from 1st credit?

[Foggieloon]

Hi Rory,
The original account with Northern Rock was a personal loan taken out on September 1999 for £6000 plus credit charge of £1654.80 and was a joint application with my wife.
The INITIAL WRIT states that I (The Defender) has refused or at least delayed to make payment of the said sum of £4438.76.
There is a form 03(application for time to pay direction) which has to be returned within 21 days of 28th August 2007.
I have been paying instalments to this debt using a DMP since 2000, the first payments were to Eversheds Solicitors then in Sept 2003 the payments were redirected to Northern Rock the payments were redirected again to 1st Credit in 2005. I cannot understand why 1st Credits lawyers (Yuill+Kyle) are being so aggressive.
My credit file states the Account type as 'Communications'
Default balance of £5,406
Current balance £4,439
Defaulted on 24/11/2003
I am checking if I received a Notice of Assignment from 1st Credit.
Is this important?
Thanks for your help
Foggieloon