Hi there, Sorry for the delay but after another week of fun and games here is the latest ... Met with solicitor who advised the following: a) It is very strange that my the lender did not state anywhere in the terms of the loan what happens when someone leaves employment. b) I should approach 1st Credit asking for confirmation that they will accept £6500 as full and final payment and that the only adjustment made to my credit record will be to show the file as satisfied. So I e-mailed 1st Credit asking for the above. 2 days later I received an e-mailed letter stating what I had asked, clearly stating they will update the file to show as 'satisfied'. I then presumed all would be okay. However .... 2 days later I received a subsequent e-mail advising that they had spoken to the lender and they said they will only update it to show partially satisfied. Solicitor is now away until Thursday and I'm getting sick of it dragging on! I have just checked my credit file and the account is now showing as defaulted - b***ards! Whilst I just want it to go away (and paying seems the easy option) I REALLY do not want that default hanging around for years especially when I was never even notified!

Just checked the terms of the loan and it does state clearly: "If you fail to pay any monthly installment ... we shall have to give you at least 7 days' notice in writing, to give you a chance to put things right, if this can be done, or to pay us compensation, if not. This is called a default notice." I have never received one of these. First communication was from 1st Credit telling me the entire balance was due!

Sorry Rory, could you explain this a bit more for me? Does this mean they would need to notify me of the default?

Needless to say another phone call just received that I rejected. No voicemail this time. I simply sent another e-mail stating that I have requested on numerous occasions yesterday that I do not want to be contacted by phone and to put all communication in writing. I am definitely not paying anything given the incompetence and blatant lies they have told so far. I'm going to wait until I've seen my solicitor on Monday but am highly likely to be requesting the CCA that afternoon.

Hi all, Latest installment ..... Received settlement letter offer from 1st Credit this morning. Interesting points to note are: My name is spelt incorrectly. They have given me until end of July to make full payment (previously it was due mid-July). There is no mention of need to pay something immediately. There is no confirmation of a default not being recorded on my credit file. The letter is dated 22nd June (yesterday) despite the fact that I was told yesterday that 'a letter' was sent on 21st June. I'll take it along with me to solicitor on Monday but would I be right in thinking as they don't have the correct name on the letter I haven't actually been issued with the demand so don't arguably need to act?

Hi guys, Just to clear up any confusion I'm a he It just doesn't sit right in my mind that I get defaulted in such circumstances and so I will do everything I can to stop it happening. I'm going to try to do my best this weekend to not think about it. Then on Monday at 10am I'll discuss my options with my solicitor. I wonder how many calls I'll get from 1st Credit before then?!

Thanks for all your advice everyone. Is much appreciated. The last 24 hours have been awful. I've felt constantly sick, not eaten really and couldn't sleep. Is horrible I'm going to take everything with me to my solicitor on Monday and talk through the advice you've mentioned so hopefully things should feel more positive then.

Here is a copy of the e-mail I have just sent them. Does it sound ok? ------------- Further to my e-mail below I have received another telephone call from xxxx xxxx asking me to urgently contact her. It is clear that when I did call back this morning following her original voicemail left at 09:08 this morning (22nd June 2007), no update was made to my account. I called at 09:20 to advise that as explained on my call to xxxx yesterday at 12:10, I would not take any further action until the settlement letter (as detailed in my request sent to you via e-mail and registered post yesterday) had arrived. Please ensure that your records are updated immediately to reflect that I have not received the settlement letter as requested and I am NOT to be contacted by telephone any further. All communication should be made in writing via e-mail or post. Should I continue to receive telephone calls at such frequency I will speak to my solicitor with a view to pursuing legal action under section 40 of the Administration of Justice Act 1970 which states: "... a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: (a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;" Yours faithfully, xxxxx xxxxxx. ************************* Dear Sir / Madam, With reference to my e-mail below I can confirm that I have not yet received this letter from you. Please could you update your records to reflect this? I would also like to request that further communication from you is conducted in writing either via post or e-mail to this e-mail address ([email protected]). Please could you confirm this will be actioned immediately? Yours faithfully. xxxx xxxx.

Oh my god! Have now just had another call from 1st credit - again I didn't answer - but the voicemail was the same woman again telling me I need to call then urgently. I'm going to forward my e-mail again highlighting this piece of legislation: "Section 40 of the act [ADMINISTRATION OF JUSTICE ACT 1970] provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: (a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

Thanks. Where do I find the template letters?

Hi there, I just wanted to give an update on what has happened today. I received a phone call from 1st Credit (which I missed so a voicemail was left) at 09:08 this morning. The voicemail was very abrupt saying I needed to call them urgently regarding the conversations we had yesterday. I called them back and explained I was returning their call. The 'advisor' I spoke to told me that there was a payment outstanding so that's why they were calling me. I explained to her that I had written, e-mailed and called them requesting the settlement offer etc. in writing and was awaiting that before any payment was made. She then started to get quite stroppy and told me that an offer letter had already gone out. I asked her when and she said on 21st June (yesterday!). I calmly explained that this was only yesterday and it was 9am the following day and that my post will not have even arrived by this time! She then went on to tell me that the call was to check if the letter had arrived to which I re-emphasised the above. She then said something along the lines of "well what happens if the letter never arrived?" to which I have no idea what she was trying to get at! By this time she was getting rude and I felt really presured / harrassed (I know that word is probably oevrused but it was really nto a nice feeling) so I asked if she could not be rude to me as I was a customer. She then revelled in telling me in her most rude voice that I was NOT their customer and that the company the loan was with was! To this I calmly but firmly told her I was nto prepared to talk to her and advised I was terminating the call. I was so wound up that I decided to then call the company (my old employer) directly to talk to them and hopefully get further than I have with 1st Credit. I eventually got to speak to the Collections department who told me the debt had been handed over to 1st Credit and so they could not discuss it. I said that I used to work for them and would really appreciate it if she would listen to what I had to say. I explained the whole situation to her and her responses were: It was my fault as I had not chased them for not requesting the payments. They had written to me several times stating payments were missed. When I explained that I have not received any letters I was told this was irrelevant! I then probed as to what address they were sent to and they went to my old address!!! The infuriating part was that in the data protaction check at the beginning of the call I had given her my new address! When I suggested she had broken data privacy laws she told me to not even go down that route. I told her that they definitely have my new address as all my payslips etc were sent to my new address (which I moved in to in Feb 2006!), and even more obvious that they have it, is the fact that the letter from 1st Credit came to my new address! I had been defaulted on 28th March but it may take 28 days to appear on my credit file. I said I requested this yesterday and no default was on there but the status was 'in arrears'. She then revelled in telling me that I WILL be defaulted on my file for 6 years. They were not prepared to change anything as I have had ample opportunity to contact them to notify them they weren't requesting payments. Her exact words were 'it is your finances and your responsibility to manage them.' The whole thing just has become ridiculous and it feels like I'm banging my head against a brick wall. I have therefore booked an appointment with a solicitor on Monday morning with a view to pursuing it as far as I can. I have just got home from work an indeed there is no letter from 1st Credit here. I have e-mailed them to confirm the letter has not arrived and asked them to update their records to this effect. I've also asked for all further communication from them to come via e-mail or post, and for this to be effective immediately. Sorry for the long post - just wanted to update in case anyone has any thoughts / further advice.

I have just e-mailed them the letter and sent it recorded delivery. I also have phoned them and explained the content of my letter. The person I spoke to explained that they hadn't bought the debt from the company yet and have just been asked to seek the funds so they won't put a default on my credit file. I have made it quite clear in the letter that I will pay of they guarantee they won't put a default on so fingers crossed with all the details recorded, and call recording it should be okay. Thanks so much for your advice and support. The whole ordeal has been really stressful but hopefully will now be resolved. Is there anything else you think I should do?

What do you think to this? I am going to e-mail it to them and send recorded delivery today: ------------------------------------ 1st Credit, PO Box 278, Reigate, RH2 7WB Sent via e-mail and recorded delivery post. Dear Sir / Madam, Re: 1st Credit Reference No. xxxxxx Further to my telephone conversation with xxxxx xxxxx in your Collection Department at 08:34 today, I write to confirm details of the conversation and advise you of my decision regarding the settlement offer made. After explaining the details of my situation to xxxxx she advised that your solicitors would be prepared to close the account for the sum of £xxxx.xx. I was advised that an initial payment of £xxxx.xx could be made immediately and the outstanding balance would be due by mid-July. xxxxx also stated that my credit file would show this credit as ‘settled’ so no default would appear on my record. I advised that I wished to seek further advice and would notify 1st Credit of my decision later today. Since this conversation I have obtained my credit file from Equifax and note that this credit is not showing as a default, but instead as ‘in arrears’. Providing that this remains the case and no default is marked on my credit file, I am prepared to settle the account for the sum of £xxxx.xx. As discussed with xxxxx I will be able to make an initial payment of £xxxx.xx and then will make a final payment of £xxxx.xx in mid-July. Please could you provide details of your settlement offer in writing, confirming: The settlement figure of £xxxx.xx to close the account, to be paid in two instalments. The first of which will be for £xxxx.xx upon receipt of your letter confirming settlement details, and a final payment of £xxxx.xx due by no later than Monday 16th July 2007. You will ensure that no default will be recorded on my credit file in relation to this account and upon final payment the account will show as ‘settled’ on my credit file. Upon receipt of the above mentioned letter I will telephone you immediately to make a debit card payment for the initial instalment of £xxxx.xx. I look forward to hearing from you shortly. Yours faithfully, ------------------------------------------------------

I literally got it about 10 minutes ago so am presuming it is completely up to date.

Hi there, I have just bought my credit file and it is not showing any defaults. it is only showing missed payments and the status is showing as 'in arrears'. Does this mean that if I get 1st Credit to confirm the settlement offer in writing and state that this will result in no default being logged on my credit file and they respond to acknowledge this they will not be able to add a deafult after I have settled? Thanks for all your help