Hi all,

Recently moved home and started receiving letters from 1st credit regarding an old bank account that had an overdraft and now with charges etc £3000 is owed.

I've never acknowledged this debt and it was defaulted in august 2012 and don't particularly want to acknowledge it either, however I don't want a ccj as just starting to get sorted out with debts until this arrived.

As the title says, a letter arrived today saying they are considering making a county court claim, maybe they are maybe they are trying to push me I dont know.

Is there any letters I can send them like a cca for a credit card where I can get them to send me proof they own the debt and that I do actually owe it and proof a default notice was issued as I've never had anything that I remember but it was a long time ago.

Many thanks.

just a threat-o-gram then.

when did you last pay anything or use it yourself?

I honestly couldn't say.

I switched bank accounts as I'd lost my job at the time and couldn't afford the charges going on the account each month.

then go ring the bank and ask.

could be almost or already statute barred

which is why the fleecers are sending phishing letters

dx

Will do that tomorrow.

Am I just asking when was the account last used?

Is that all I need to know?

Many thanks.

by YOU not their unlawful ffes or interest or anything

the last time you either paid in or used the account yourself.

if they start saying they cant because of xyz

tell then under the prevention of fraud act

and

the Data protection act

they MUST hold data for 6yrs

have you moved since you took this account out?

if you get the run around

ask to speak to a supervisor.

whatever you do do NOT speak to 1st credit or their dogs over the phone

you are under NO legal obligation to discuss your debts over the phone or at your door

and esp to a DCA or their fake/tame solicitors.

they ARE NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

I've no intent on speaking to 1st credit at all.

Yes, I have moved home since that account was closed/sold to 1st credit.

Thanks

ok well lets see what you can findout

we migt have to send a letter to them

just to make sure they know your current address officially and prevent a backdoor ccj

dx

1st credit know my current address as the letters are coming to my current address.

The bank will still have my old address.

Sorry, what do you mean by a backdoor ccj?

Thanks

unless you have informed them in writing of your new address

they are quite legally allowed to file a claimform to the last address you advised the bank of

that's a backdoor CCJ as you'll know nowt about it till the bailiffs call.

dx

So would that then be acknowledging the debt and resetting the 6 years? Informing 1st credit by letter, even though they are already sending letters to my new address?

Thanks.

Not if you haven't paid anything in the last 6 years.

The letter would state at the top the correct terms

If its already sb'd you can't undo that anyway

you write and say something like supposed debt or alleged debt rather than "the money I owe". Just use a bit of sense and keep the detail to a minimum

Spoke to the bank...

Bank account was closed and defaulted 28th Augustus 2012

Last account transaction before being closed was a transfer on 4th May 2012

However, after it's been closed a mistaken payment was made on 23rd June 2014, which was then reclaimed and sent back to the correct person? Don't know if this would affect anything as has nothing to do with me.

Also a payment for 1p was made on 29th October 2013, they couldn't see where this was from as it was after the bank account t had been closed. I'm guessing possibly a savings account I held with them that they closed and transferred the balance as I have never sent 1p anywhere.

Where do I stand now and when does the statute barred clock start from as my real last usage was 4th may but obviously other things have happened after.

What do I do now, is there anything I can send 1st credit?

Many thanks.

Who is the bank please

It's Halifax

So not sb'd

Get an SAR running to Halifax prob mostly charges

Send our prove it letter to 1st credit

Thanks for your help

Which prove it letter is it I need to send to 1st credit? Is that a cca request or is it different being a bank account?

What is the benefit of sending a sar to Halifax?

Sorry I'm not clued up on all the dealings with creditors.

Many thanks

SAR Halifax you need all the statement's

Prove it letter is in the debt collection section of the library

Hi, bringing back an older post as I've had an update.

I originally received a reply from 1st Credit (copy attached) saying they would hold the account until statements have been provided.

I forgot about this until a BIG pack was delivered containing copy of all statements.

The last time I used the account to make a payment was 23rd April 2012, somone made a payment into the account after this date but thats irrelevant, correct?

They haven't provided me with any other documentation showing them being the owner of the debt or anything.

What do I do now as they are asking for payment offers. Is there anything else I can ask them to provide?

Many thanks

Martyn

let it run.

they'll have to abide by the new PAP rules

and by the time that's expired the debt will be SB'd.

hi all,

Today I received a letter from 1st Credit stating they are now going to forward the account on for legal proceedings to begin...

Should I now send them a statute barred letter?

Many thanks

as post 22

Yesterday I received some more threatening letters and a copy of notice of assignmentY

. There’s a sheet of paper that shows the details they hold on me (incorrect phone number, email etc)

At the bottom is says payments

And has 2 payments for £0.01p Oct 2013

And a payment that in June 2014 made by someone else in error and returned August 2014.

Seen as these were not from me and the last payment/acknowledgement of the overdraft was 23rd April 2012 where does that leave me if they take this to court?

Will they simply be able to say I made payments on these dates even though I certainly did not?

Many thanks.