Problems with 1st Credit!!!!!!!!!

[Mrs_Ryan]

Hi everyone,

 

having read through these forums before taking the plunge and registering I have worked out I am not the only person having problems with these bunch of muppets!

 

I have an old student account with Lloyds TSB which I have struggled to pay for years. These muppets have now got hold of it and have threatened that if I dont pay five thousand quid in 7 days (which I dont have) they are going to put a charging order on the house AS WELL as sending the bailiffs in.

 

The house isnt mine. It is solely in my partner's name, all deeds, mortgage etc - I have no right at all over it which they are refusing to believe. None of the stuff in the house belongs to me either. My mate who works for the Inland Revenue reckons if they take anything that doesnt belong to me its theft - is that true? They have also threatened to go through my partner's bank account to 'see if what i told them is true.' again, my partner's account is solely - and always has been - in his name alone.

 

In that first call, judging by what i read they broke the law 3 times. Ive written to them and pointed this out, and Ive also spoken to Lloyds TSB who have been surprisingly good, the branch went out of their way to find out who I needed to speak to and advise me what to do - I think it cos I mentioned the magic word - 'police!' When I spoke to 1st credit they were very defensive and said 'they didnt see what they have done wrong.'

 

Also what makes it worse is I suffer with several health problems and became unwell on the phone. When i do this I begin stammering and cant get my words out - they refused to allow me time to answer any of their demands and in the end I had to give a relative authority to speak to them.

 

Can anyone advise me as to how to proceed

 

Thanks!!

[jowalshy]

Hello Mrs Ryan. I'm not to clued up on 1st direct, but here is a link to the forum where I am sure someone will be able to help you:-

 

http://www.consumeractiongroup.co.uk/forum/first-direct/

[Mrs_Ryan]

hi jo, thanks for replying, but its not First Direct Im having probs with - its the debt collection agency 1st Credit! thanks anyway!

[rory32]

Thread moved to Debt Collection Forum.

[rory32]

First of all NEVER speak to these people over the phone. It is a complete waste of time, insist that all communications are in writing only. You can also send them a letter requesting this - template here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html . Send recorded delivery, as with all letters to DCA's print do not sign your name.

 

As you have no assets they are very limited in what they can do to you. The debt is solely in your name so your partner has no liability for the debt. They can not get a charge on his property nor can they seize his goods nor can they have a look at his bank account.

 

I assume there are penalty charges on this balance that they are stating is owed. I would start the process of reclaiming these charges. In order to do this have a read through the FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Templates are here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

This link will help you find your way around the site http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Mrs_Ryan]

thanks for the advice. I realise now it was a mistake sending them this letter but they were so abusive I really think Im going to have to get the coppers involved. My aunt also threatened to speak with the media (they didnt like that and started spluttering but had no answer) she also has spoken to her local MP who shes quite friendly with and they didnt like that either. What should I do now/ It was an overdraft, is it too late to CCA them?

[rory32]

It was an overdraft, is it too late to CCA them?

No it's not, but overdrafts have part V exemptions from the Act (form and content) so the copy of the agreement would be a letter from the bank stating the amount of credit, APR, charges and cancellation rights.

[Mrs_Ryan]

ok, thanks. Ive sent them a VERY nasty letter totalling 8 pages today after collating dates, times etc from my past dealings with them on the account, sent by Special Delivery. I have photocopied these and sent a copy to Lloyds TSB by thier request and kept a copy for myself.

 

Another question is, after getting the CCJ, can they just apply to send the bailiffs in without giving me a chance to pay anything? they have said they can and this is what they intend to do. Also, they have said they can look at my bank account to see what Ive got going in and out. Can they do this???

 

If they get an attachment of earnings can they ignore what I have told them I can afford and take my whole wages each month? When I was at university they actually threatened to contact the student bursary people and tell them they had to pay my bursary to them! Are they allowed to do this????

 

Lastly, Im really scared now reading their track record with the charging orders in case they go ahead without properly reading the Land Registry records. If they do do this can I sue them??? Im absolutely terrified now and really am thinking aobut going to a loan shark just to shut them up and get them off my back. And if I went to the police about what they have done, (it really is this bad) would it make things worse for me??? Advice please!!!!!!!!!!

[rory32]

after getting the CCJ, can they just apply to send the bailiffs in without giving me a chance to pay anything?

Well first of all they would need get the CCJ. I assume you have now sent the SAR and are starting the process of disputing the account? No court action should be taken while the account is disputed. If they got a CCJ you could apply for a time to pay order. They can't just send the bailiffs round and take stuff. The law is there to protect you from these methods.

they have said they can and this is what they intend to do.

What they say they can do and what they can actually do are often two very different things, as is the case here.

Also, they have said they can look at my bank account to see what Ive got going in and out. Can they do this???

No. This would be in breach of The Data Protection Act.

If they get an attachment of earnings can they ignore what I have told them I can afford and take my whole wages each month?

Again no. To get an attachment of earning order you would need to be in arrears with repayments. If an attachment of earnings was issued against you you would receive a letter from the court and an attachment of earnings form to fill in requesting your employment details and your income and expenditure. You would then send the form back to the court. The amount you would be asked to pay would depend on your financial situation. How much you need to live on will be taken into consideration e.g. food, rent/mortgage, essentials, bills. If you are on a very low income then an attachment of earnings may be rejected.

When I was at university they actually threatened to contact the student bursary people and tell them they had to pay my bursary to them! Are they allowed to do this????

Again no. The bursary is for your essential expenses while in education and must go directly to you.

Lastly, Im really scared now reading their track record with the charging orders in case they go ahead without properly reading the Land Registry records.

They can't obtain a charge on something you don't own so stop worrying about this.

If they do do this can I sue them???

You could apply for damages at the courts discretion and your time.

Im absolutely terrified now and really am thinking aobut going to a loan shark just to shut them up and get them off my back.

On no account do this.

And if I went to the police about what they have done, (it really is this bad) would it make things worse for me???

Really you need to report them to Trading Standards rather than the police. You will find your nearest one from this link Trading Standards Central - Trading Standards and Consumer Protection information for the UK (just enter your post code). No it will not make things worse for you, quite the opposite probably as they will not see you as a soft target.

[Mrs_Ryan]

Oh, thank you so much for that!!

 

I havent CCA'd or SAR'd them yet as I dont have the money to send them until I get paid Friday, but I most certainly will and am going to come out fighting. I think my aunt has already spoken to a very senior police officer she knows (in confidence) and just been told to monitor the situation, she was told if the threats get any worse to get in touch. Im going to wait for their reply now. They gave me 7 days to pay, so I'll get those letters sent Friday.

 

Am I able to get in touch with Trading Standards at this stage or am I best to wait?

[rory32]

I havent CCA'd or S.A.R - (Subject Access Request)'d them yet as I dont have the money to send them until I get paid Friday, but I most certainly will and am going to come out fighting.

Okay, make sure you send the CCA request to 1st credit and the SAR to Lloyds. Send them recorded delivery if possible so you know when they have been received.

 

The address to send the SAR to is:

Copy Statement Unit

Lloyds TSB Bank plc

Swallow House

10 Swallow St

BIRMINGHAM

B1 2AL

 

Am I able to get in touch with Trading Standards at this stage or am I best to wait?

For the moment just keep a record of everything that has happened. If they continue to harass you after receiving your letter of complaint then complain to TS.

[B3rty]

Just remember that these letters are sent out from someone who only knows what they are told and doesnt understand the law, and their legal dept LCS solicitors is only a trading style not an actual firm of solicitors, they have one practicing solicitor.......he probably only gets involved just before cases move to your local court........dont worry..

[rory32]

Some links for you on harassment.

 

The CPS : Protection from Harassment Act 1997

 

Protection from Harassment Act 1997 (c. 40)

[Mrs_Ryan]

thanks everyone! more developments have happened now. Ive been quite ill for the last week - the doc says its stress - I think i can guess what it is thats stressing me out!!!

 

A couple of days after sending my first complaint (By special delivery, and i kept a copy) they sent back a standard letter saying they were investigating, but I've heard nothing more. Then I cca'd them Friday, they sent a letter back saying they had requested it, it was going to take 6-8 weeks and they would expect the debt to be settled when I recived what I was asking for!!!

 

Is that too long? Help!!

[rory32]

They can take as long as they like over supplying the copy of the agreement, but after 12 working days from receipt they can't enforce the account and you can withhold paymets until a complying copy of the agreement is produced. It's standard for them to say it will take 6-8 weeks.

[Mrs_Ryan]

im really kind of upset now... they sent me a letter this morning after the complaint I sent, acknowledging *shock, horror!* that the person i spoke to had been out of order in his tone, but basically accusing me of lying about several things ( i wasnt) totally dodging some of the most serious accusations and demanding to see a letter from my doctor to prove i wasnt lying about being ill! (er, why would I do that?!) they also demanded payment. This was thier final response which I am very dissatisfied with. Can I report them to TS as well as the Financial Ombudsman?

[ODC]

They have given yor their Final Response. You MUST now report them to the FOS.

 

You have told them you are ill. That should be sufficient. One thing is certain and that is that they will have NO recording of any conversation you made with them. You have made a reasonable offer and they being the greedy barstewards they are have refused it. If this ever went to Court and court would not look to favourably on 1st Credit.

[tomterm8]

I report them to TS as well as the Financial Ombudsman?

 

yes.

[Mrs_Ryan]

Thank you!!! where can i find the address of their local TS?

[MrSensible]

Get you partner to pay this debt. Sounds like a right git not to re-mortgage and help you out! What kind of partner is he? If he doesnt leave him. I mean, that would be the sensible thing to do! Mr Sensible

[Mrs_Ryan]

ha ha Mr Sensible, wish it was that easy....!

[tomterm8]

Thank you!!! where can i find the address of their local TS?

 

You complain through consumer direct Consumer Direct, who will then pass you onto trading standards.

[ODC]

And there was me thinking that Juan King was a place in China

[Mrs_Ryan]

Ive spoken to the FOS, who were very nice, they sent me the forms to fill in which Im about to do. I havent acknowledged 1st credits pathetic final response but Im going to do so and point out that they have now defaulted on my cca request. The 12+2 is up on Thursday, so whats the situation now? I got in touch with consumer direct but they havent bothered replying!

[Mrs_Ryan]

another update, i got a letter from local trading standards this morning and replied straight away, sent the forms off to FOS and a nasty letter to 1st Credit pointing out they are in default. Do i just need to sit and wait now?!