Hassle from 1st credit

[Rtech]

The DCAs will say anything to try and force payment.

42man has given you an ace Curyben letter,so send that.

Just remember until they supply the CCA,they cannot take you to court,or take ant legal action to get their 'pound of flesh',so rest peacefully knowing that to date you are bombproof.

[Movingon]

Well, they can take you to court... but they'd get thrown out with a HUGE flea in their ear unless they could produce one in Court.

[Cyberpatient]

Well, they can take you to court... but they'd get thrown out with a HUGE flea in their ear unless they could produce one in Court.

 

They wouldnt be able to take me to court and then produce it because they would be commiting an offence by taking me to court without presenting me with it beforehand.....

 

.....thats how i understand it anyway

[Movingon]

No, not at all... yes, they commit an offence if they don't produce it to you; but there is NOTHING to stop them producing it later, any time they like. If they choose to take you to court for the debt, and then produce the document there, the Court will ignore the earlier offence and if the document meets the requirements there will be a real possibility of the Court finding against you.

[Cyberpatient]

No, not at all... yes, they commit an offence if they don't produce it to you; but there is NOTHING to stop them producing it later, any time they like. If they choose to take you to court for the debt, and then produce the document there, the Court will ignore the earlier offence and if the document meets the requirements there will be a real possibility of the Court finding against you.

 

But if the account is in dispute then they cant actually take it any further?

 

i dont understand how they can take me to court if the account is in dispute, wouldnt it be thrown out before it even got to the court date?

[Movingon]

Nope... the Court would let it proceed to a hearing and then throw it out at the hearing. The litigant would get a very stern telling off from the Judge and may even be sanctioned in some way (I don't know what)... but it would definitely proceed.

[mr.ton]

Hi,

i was told that had to pay the full amount within 7 days or legal action would take place.

 

Let me guess...nothing happened after that 7 days correct?

[ODC]

They could not suddenly take you to Court and then produce the CCA. They would be in serious breach of the Court Procedure Rules. They could produce it to you and then go to court.

[Rtech]

Mr Ton's question says it all.......they huff and puff but it is all bluff....Read the letter from them again,...PRE Legal Team.we MAY take action etc etc,all bluff.

No CCA = no enforceable debt....case closed(if you pardon the pun)

Happy Easter.

[babybear39]

Not trying to put a downer on anything, but this bunch like making you wait then coming up with something Hopefully they won't, but be prepared if they do...

[howmuchdebt]

Hi,

Do you mind if i butt in here ?

 

I am in a similar situation and I will post the letter i have received from 1st credit,please tell me your thoughts on this as i would really appreciate it.

 

 

IMPORTANT NOTIFICATION

 

Client Citifinacial Europe PLC

Debt £2,266.77

Client Acc No : **********

 

Pre legal Department want to disucss this account with you.

 

We have recently obtained Office Copy Entries from Land Registry and note that you own/jointly own the freehold/leashold interest in the above property.As a result of this we are not passing your account to our solicitors with instructions to secure a County Court Judgment against you and enforce this by way of a final Charging Order against your property.

 

Should we succeed in obtaining a Final Charging Order ,we will give serious consideration to applying the the court for a an 'Order For Sale ',of your property.

 

Please note that any legal action may incur substatial legal costs ,such as,:-

Solicitors fees

County court judgment fees

8% interest charged by the courts which would be on-going.

 

We would strongly recommend that you seek legal advice should you require further infromation regarding the implications of a Final Charging Order.

 

Alternativley you may wish to contact 1st credit Pre-legal Team,to discuss settlement in full of this long overdue debt. Legal action is only ever taken as a last resort when we are unable to reach a mutually acceptable and reasonable agreement.

 

Yours faithfully

 

***

[babybear39]

Hi howmuchindebt,

 

Now is the time to take them seriously as they are well known for going for chargiing orders very quickly. However, they are also known for sending this as a standard letter to scare you.

 

Have you CCA'd them yet?

[howmuchdebt]

Hi howmuchindebt,

 

Now is the time to take them seriously as they are well known for going for chargiing orders very quickly. However, they are also known for sending this as a standard letter to scare you.

 

Have you CCA'd them yet?

sorry i am a bit fick what does CCA mean ?

[babybear39]

Sorry...CCA = consumer credit agreement. Have you requested a copy of this from 1st credit to ensure they are legally entitled to collect on this alledged debt?

[howmuchdebt]

Sorry...CCA = consumer credit agreement. Have you requested a copy of this from 1st credit to ensure they are legally entitled to collect on this alledged debt?

No,i will tell you a long story...

 

last februry we started a dmp with a company who charged us £88 for the privelage,but then i found payplan and changed to them in December,during our time with finance inc we started paying 1st credit £51 per month,but with all the other debts we had and being self employed the payments were too much for us to manage and i think we missed one or two,but whilst we were with finance inc 1st credit wanted more money and it scared us that they were going to apply for a charging order so thats when we incresed the payments,anyway,when we changed to payplan we made a token payment of £51 in january and then started the plan ,but now 1st credit are only getting £9,61 per month,

the intersting thing is that i owe lloydstsb £10,000 on a credit card and they have agreed to the payment plan and have stopped interest,so its just so annoying that 1st credit have not agreed to the paymen,i know they are entitled to their money we took the loan out and we broke the agreement by reducing the payments.

 

We have thats me and OH have discussed this about 1st credit and we thought maybe we could offer them a full and final payment,my dad would cough up the money ,but if he knew about our other debts he would never sleep again,we really dont want a charging order on our house because of another problem that we have caused for ourselves,but i will mention that later as this is so complicated..

 

what do you think to offering 1st credit full and final payment?

[babybear39]

Hi howmuchindebt,

 

If you're happy that everything is above board and there aren't huge charges on the account, then offer a figure of around 10% as a full and final settlement. These debts are often purchased in bulk for as low as 5% of the original amount, so that's a fair offer IMO. If you choose to go this route MAKE SURE you get everything in writing BEFORE paying them

[howmuchdebt]

Hi howmuchindebt,

 

If you're happy that everything is above board and there aren't huge charges on the account, then offer a figure of around 10% as a full and final settlement. These debts are often purchased in bulk for as low as 5% of the original amount, so that's a fair offer IMO. If you choose to go this route MAKE SURE you get everything in writing BEFORE paying them

what do i do - 10% from £2,266 then +"2240.39

 

that doesnt seem much of a discount to me ,but i dont know what is lol

[babybear39]

I meant offer them 10 % OF the figure ie. £227

[casio]

what do i do - 10% from £2,266 then +"2240.39

 

that doesnt seem much of a discount to me ,but i dont know what is lol

 

I think babybear39 said 10% of 2,226. That is, divide 2,226 by 100 and then multiply by 10. That makes...

 

222 pounds and 60 pence.

[mr.ton]

1st Credit are useless anyway, they ve been chasing me for a debt for the last 4 years now and still nothing has happened

[howmuchdebt]

I think babybear39 said 10% of 2,226. That is, divide 2,226 by 100 and then multiply by 10. That makes...

 

222 pounds and 60 pence.

I wish, i really do ,surely they would not accept that would they ?

has anyone ever had these offers accepted ?

[howmuchdebt]

1st Credit are useless anyway, they ve been chasing me for a debt for the last 4 years now and still nothing has happened

have you had threatening letters like i have had i just posted one ?

 

If so then there is hope for me yet

[Cyberpatient]

****UPDATE****

 

Having recieved nothing from the last letter i sent i found this in today's post........

 

Creditor: 1st Credit Ltd

Bal: £1553.84

Acc No: xxxxxxxxxxxxxxx

Our Ref: xxxxxxxx

YOUR HOME MAY BE AT RISK

We are unaware of any legally valid reason for your non-payment of the above debt or of a reasonable offer being made. We are therefore considering whether we should issue a Statutory Demand under the Insolvency Act 1986 (Bankruptcy) or Section 222(1)(a) of the Insolvency Act 1986 for Scottish residents.

WHAT ARE THE LEGAL IMPLICATIONS OF BEING BANKRUPT?

1. You lose control of your assests - this may include your house and vehicle or any luxury items you own.

2. You cannot obtain credit for up to 6 years

3. You cannot act as a company director, and certain occupations and professionals have strict rules regarding the employment of a bankrupt.

4. You may be publicly examined in a court.

5. Details of your Bankruptcy may be published in a local or specialised paper

6. If you own a business, it more likely that the Official Reciever will close down your business, dismiss your employees and sell off the assests.

We would strongly recommend that you contact a solicitor or suitable advice bureau as Bankruptcy would have very serious implications for you.

THERE IS AN ALTERNATIVE, TELEPHONE US TO DISCUSS THE MATTER

Our opening hours are monday to friday 09:00 to 17:30

Yours Sincerely

1st Credit Audit Team

They have yet to send me my CCA request, their 30 days after their original 12 days ended in february.

 

Im now going to be contacting Trading Standards and The Office Of Fair Trading as far as im concerned i am in the right and they are in the wrong and commiting an offence.

 

Anyone else got anythng like this?

[babybear39]

It could be an empty threat to scare you into paying. They cannot issue any proceedings whilst the account is in a default situation. Having said that, 1st credit are well known for issuing SDs. As they're in default of your CCA request, report them to Trading Standards ASAP as this is against OFT guidlines. Here's the link:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[42man]

Reproduced courtesy of Curlyben...

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH