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  1. .....also amuses me that 1stC are now putting the 'member of the CSA' logo on their letterhead. Wonder if they really are......if they are they've breached most of the code of conduct over the last couple of years on my case alone!!!
  2. Well, it's been a while since i last posted on this subject about the lovely 1stCrud. This morning, we received a short, undated letter from them enclosing not one, but two versions of what they call a 'true copy' of the agreement, even though their letter only referred to the agreement in the singular. Both are quite clearly produced from a word processor, neither have signatures or any place for them, the first one has a date on it of either 2003 or 2004 - depending on which page you're looking at, the other has a date of 2008 - odd that they couldn't find that one when I first asked.....in 2008!!. Interestingly, the 2004 one refers to me as a debtor and the original institution as a Creditor, whereas the later one has the 'this agreement is between us....blah blah blah stuff at the start. I'm going to check my file, but I'm 99.999999 recurring % certain that both of these are c**p, and that the original agreement was different and dated even earlier than that. Question is, what to do next. I'm aware from other posts that they will say they've discharged their obligation (2 years late) and that they don't have to supply a copy of the actual signed agreement - which I strongly suspect they don't have. They've also asked me for proposals to settle the debt, and to inform them if I claim that I didn't sign this agreement (which one???!?!). I suspected that this one hadn't gone away, but it's interesting that they've sent me a copy of an agreement apparently signed in 2008, when I already had the account and was on a payment arrangement with the original company due to financial difficulties!!!!
  3. That's what I thought. I've got a copy of the CSA's guidelines - Capquest are members, and from what I can see they've breached a few of the guidelines by their actions in issuing the SD - without even considering what OFT guidelines they've breached!!
  4. Thanks Deb, that's what I thought. I'm sure this has all come about because I was a couple of days late with November's payment - but I still paid it, and have just paid December's. I'm going to apply for set aside on the basis that I am paying the debt at an agreed rate (a rate suggested by them, in fact) and they haven't notified me in writing that the arrangement has been terminated. Thanks for your help
  5. Own the house jointly with my OH - but if we were forced to sell, the arrears and early termination charges on the mortgage will wipe out any supposed 'profit', so they would get precisely nothing!!
  6. Hello all Been a while since I've posted, however I would appreciate some advice. I had a credit card with Marbles, and when times got hard, I went into a payment arrangement with them. They subsequently sold the debt to Capquest, and after a while Capquest wrote to me with a 'limited time offer' to restart the payments at the (low) level I was doing with Marbles. They also offered to put a percentage in for every payment I made. When I phoned up to take up the offer, I was told that the offer had expired 10 days previously (3 days after their letter was dated) despite their letter giving a different date, and I phoned before the date stated in the letter. They asked me to send in I&E details before they would consider an arrangement (despite their original letter not requiring this), and then wrote to me accepting my £12 per month payment offer. I've paid this each month since September 09 (when the arrangement started), but was a couple of days late last month - didn't have the money, quite simply. Now Capquest has issued a Stat. Demand on the basis that 'I have failed to respond positively to their previous correspondence'. Surely the fact that I have provided them with I&E details and they have written back confirming the arrangement is 'responding positively'???? I'm going to apply to have the demand set aside as I'm convinced it's just the usual scare tactics to pressurise me to pay more money and it's an abuse of process - they could have taken me to Court to get a CCJ, but the judge would probably agree a low payment. What do you think????
  7. Well done!!! Just out of interest, did you need to quote case law at the hearing or did it seem to be a formality?
  8. Well, well , well. Received a letter today from LCS saying that 1st Credit are prepared to withdraw the SD and not pursue bankruptcy if we withdraw the set aside application and pay the monthly payments we offered to pay over 6 months ago!! Letter received today, hearing date is on Friday (24th). Not sure what to do now!!
  9. Just a quick thought - will the court have sent 1st Credit details of the hearing date, the same way they sent them to us?
  10. We put in about 1st Credit not producing a CCA, now in default, but pursuing the claim even though debt in dispute. Also included about them trying to get us to remortgage and borrow from friends and family, contrarty to OFT guidelines, and refusing to consider a reasonable and affordable payment plan, again against OFT guidelines, also that demand was served by post in full knowledge that the debt is disputed. At least it wasn't booted out by the Judge at 1st instance!!
  11. well, applied for the SD to be set aside, OH went to Court and swore the affadavit couple of days ago. Received the application with a hearing date on it in this morning's post, which presumably means that the Judge believes that the affadavit contains sufficient grounds for the application to set aside to be heard?
  12. Is it worth putting in that we've tried to reach an agreed payment plan with 1st Credit but they will not agree to affordable instalments, in breach of OFT guidelines?
  13. Also just noticed that they've used the £1 postal order to reduce the debt by £1!! - seem to remember reading somewhere that this is illegal?
  14. Thanks 42Man. letter in the post to 1st Credit!! Also applying to have the SD set aside!
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