Thread: First Direct CCA- Is this enforceable??

Is this enforceable. This is the signed CCa agreement that First Direct claims covers my overdraft and credit card.

To me this is an application and therefore unenforceable.

Sent the letter stating that is was unenforceable. Their response. To roll up the debt into one account and get their solicitors to start calling and writing demanding immediate repayment. I also had a loan with them. Offered a payment schedule and started paying. They've ignored this and roled this into the debt. The CC and overdraft are in dispute and this is the second party that they have now passed this onto. This surely is another breach?

Yes it is another breach. That contract is unenforceable.

Surely if the account is in dispute, a default is not valid?

Any advice? I have received confirmation today that they have roled my cc, overdraft and loan into one account. I have agreed to repay the loan and commenced payments. I strickly advised their solictors that I do not acknowledge any other debt with them.

It has taken three months for them to confirm that they have rolled everything into one account. I am of the opinion that they have tried to get out of their obligations under my credit agreement request and attempted to conceal it within another account by rolling these into one.

After writing to DG Solicitors, I advised them that the credit card and bank account were in dispute and that First Direct should not have passed this onto them and rolled this debt into one. I advised them that until First direct produce a fully valid credit agreement (Not application form), no debt would be acknowledged and that my orginal consumer credit agreement from 9th June was still outstanding.

I also advised them that we had agreed to repay the loan only and payment terms were agreed.

Then received a letter stating that they would not act on this letter unless I signed the letter??

Then received another letter stating that the temporary repayment terms for the loan had expired and they wished me to increase the payments to them?? We had agreed the amount and there has never been any mention that this is temporary. All I have ever offered was if I felt I was in the position to increase payments, I would advise them and do so.

I have paid on time, however, DG and First Direct have messed up on processing the payments. I insisted on standing order details in the end as they kep messing this up.

Advice needed??

Have had a copule of letters from DG. They are refusing to deal or acknowledge my complaint about the fact that First Direct have consolidated all my accounts into one. I have agreed to pay back the loan only and payment terms were agreed. Not the credit card (Unenforceable agreements and bank overdraft)

They will not do so until I have signed my compliant. Secondly, I had agreed a set amount for the loan to be repaid. They are now claiming that this is a temporary agreement and they now want me to increase my payments.

Any advice??

hey wondering if anyone can give advice . been out of work for ages and have got about 40k debt with HSBC who will not freeze interest and caharges.now they want to pass over to metro collections .anyone know these guy's?
al

Metro are just one of their debt collection agencies. What does the debt consist of?

I have a similar situation with them; overdraft and Gold Card. So far they have engaged the services of Moorcroft Debt Recovery Limited, Central Debt Recovery, DG Solicitors, Direct Legal & Collections, Hillesden Securities, Metropolitan Collection Services Limited, Midas Legal Services, Credit Resource Solutions, CapQuest and HL Legal to name but a few.

My guess is that they know the contract is unenforceable but for as long as there are DCA out there willing to accept cases on the basis of a % of any sums recovered they have nothing to lose, so they just keep passing it on.

As they have rolled the debt into one, does this affect the agreement. I had agreed to make regular payments to them for the loan (Which I have continued to do so)

They tried to roll the two into one with me a very long time ago. I objected on the basis that these were seperate contracts and they never mentioned it again. I do not believe they have the right to merge the tow without your prior approval.

hi there.i am in the same position opened f.direct gold credit 2002 did balance tranfer and never used the bank account. However financial problems last year, never missed paying but i sent in reduced amounts .they made a consolidated loan and sent default letter not i have ccbc summons which i am trying to deal with at the moment. the default letter may be a few days out but just in case any more advice would be gratefully appreciated. thanks

I am still to find out about rolling these into one.

From the advice I have seen, they are not allowed to do it. I ned to find out which act may have been broken.

Thanks for that if you can find out

Whilst I have agreed to reply the loan, First Direct rolled everything into one account. I had agreed with their debt agency that I would repay the loan only, but not the overcharge and credit card until they came up with a valid agreement.

I agreed a payment plan on this basis and have continued to pay that. I then enquired about the CC and overdraft aspect as I quiried the balance. They refused to reply until I supplied a signiture.

I wrote with a letter stating that they do not need the signature fopr my request. They refused to deal with this.

I have now received two letters stating that my temporary arrangement ahd finished and I need to increase my payments otherwise action would be take.

Firstly, this was a permanent agreement.

Secondly, can they do this once it has been agreed. They even put this in writing that I would pay xyz until the account had been cleared?

Hi roygoodbeat, who did you reach agreement with; First Direct or their collection agent?