Help im sure this is illigal but what do I do? 1st credit

[helenm1984]

Hi,

I have had a phone call from a debt collection agency called 1st credit, they are dealing with 2 accounts 1 money shop and 1 barclaycard, both debts over £750.00 I have sent them an income exp sheet from the cccs, with an offer of £2.00 (I am disabled and on benefits) I then got a phone call from someone called 'Sam' who said that she would send the balifs round, and take me to court where i judge ould make me pay £60.00 a month to both accounts, as she feels I could afford this which I cant as I only get £72.50 a week to live on! she said I should get someone to give me the money to pay the debt, or I should get a job and stop being lazy and using my disability as an excuse! (thats word for word) I said the courts would go on what I could afford not what 1st credit want she then said I was wrong and if they couldnt get the money baliffs would come, again I know this to be untrue, I explained to her that I live with my parents and they own everything (my mum buys all my stuff and the receipts are in her name) so if baliffs came there isnt anything for them to take, her response was 'they'll take your parents things so ask them to pay your debt' I again told her they cant do that to which she replied 'screw you then, just wait and see' to which she hung up! I phoned and asked to speak to a manager and the reply was the same, he said that my offer was stupid and how did I expect to pay, I explained I am saving up for bankruptcy and once I have the money thats what I intend to do, his reply was 'I'll take it to court' then hung up!

What do I do, shall I send my £2.00 payments still, they said not to bother, and when it goes for a ccj will the courts make me pay £60 or more, Im sure they cant but I am worried, also is there any way to complain about how I was treated? unfortunatly I did not record the call as I do not have the equitment but i did write it down. please Help.

Helen

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[helenm1984]

Hi,

Thats good info, I will write a letter today, I have had letters from them saying I need to pay, they'll start a litigation blah blah, but never any proof they own the debts, if they dont reply, who do I send my token payments to, or should I just hold fire until I know whats happening?

[sosumi]

Hi Helen,

I've just read this, and we have some experience of this company:mad:

Write to them, very formally, and request a copy of their Complaints Procedure. Begin the letter with:

"Regarding the communications I had with you this morning, please would you send me a Copy of your Complaints Procedure by return of post."

Don't elaborate, be formal and assertive.

Send it Special Delivery if you can manage.

 

Have you requested a CCA for either debt from them? This would cost 2 x £1 postal orders (make sure you keep the receipts).

 

Additionally, we asked for a Subject Access Request... This costs £10 which I can see might be too much for you now, but it's something to think about in the future.

 

Hubby had the same conversation with (it sounds like) the same woman there, with the same outcome. I've just shown him your post and he feels the same... When we received the S.A.R - (Subject Access Request) from 1st Credit they had deleted 6 entries from the data calling it 'missing telephone export'.

They will have recorded the conversations, but when you ask them to provide the details, they won't.

 

I see CB's on your case - hero!!

Complain about them formally.

Never talk to them on the phone again!! xx

[Lula]

Hi also, do not sign the letter just type your name at the bottom

[helenm1984]

Hi,

Thanks agian, and thanks for telling me to type my name, had just signed the letter, my mum is going to pay for the sar, should be intersting reading! just had another creditor ring me whos a new one so I'll do the same with them!!

I just think it terrible how they treat ppl, I have 38 creditors and all but these idiots and another company called morecroft are ok, I dont know what their problem is, I know they have a job to do, but still... you cant get blood out of a stone! I just wish there was a way of complaining and getting something done about this company, as what she said to me was really hurtful, I mean I didn't choose to be disabled and not work, I wish these ppl would just go away! In regards to the telephone calls if I dont talk to them wont they just get worse with me? I respond to their letters but they dont write back, they ring back, so what do I do, ignore them? the cab and cccs say its best to let it go to a ccj, as it will stop their hassel and a court wont make me pay more than I can afford, do any of you think thats the best idea?

Many thanks again Helen

[sosumi]

How much worse do you think they can get Helen?

Honestly, how did those phone calls make you feel? Hubby only rang them to get their details for Payplan, so that they could pay them according to the DMP we had with Payplan. I was listening to what he was trying to say, when he could get a word in edgeways! Now he's in his fifties, and has been around mineworkers most of his life. He's not a small man, and has loads of experience in dealing with people. But when he finally managed to get off the phone with this woman, he was white as a sheet!!

 

You could also write to the CSA. 1st Credit's boss is also their head. This is the Credit Services Association. They have a Code of Practice. I'll get the link for you.

Also the CAB and CCCS are right, but with help from people like Curlyben here, it may not get that far. xx

[helenm1984]

Hi,

Yeah your right, I just dont want them sending 'people' round not baliffs but the ones that do what the people do over the phone ie 'try and come to some arrangement', you see my mum would answer the door, tho she knows not to let anyone in, I dont want them harrassing or upsetting her, I know they shouldn't or cant but then they shouldn't be allowed to say what they did on the phone so thats what worries me. I dont know if that would happen tho?!

[sosumi]

Here's the CSA Website Helen:

CSA Website

Here's the Board of the Association:

CSA Website

Here's their President:

'CSA APPOINTS NEW PRESIDENT'

And here's their Code of Practice:

CSA Website

Check out Part 4 xx

[helenm1984]

Hi,

Thanks again, I think I'd better get writing! I hope some good comes of it.

[ODC]

Hi,

Yeah your right, I just dont want them sending 'people' round not baliffs but the ones that do what the people do over the phone ie 'try and come to some arrangement', you see my mum would answer the door, tho she knows not to let anyone in, I dont want them harrassing or upsetting her, I know they shouldn't or cant but then they shouldn't be allowed to say what they did on the phone so thats what worries me. I dont know if that would happen tho?!

!st Credit are talking out of their backsides when they say they are sending the Baliffs round. Baliffs are appointed by the court only when you have a CCJ against you and do not keep up the Court agreed payments on it. Do not let 1st Credit bully you again. If anyone rings you up then just hang up on them. Its that simple. You do not have to suffer abuse at the hands of these idiots.

[helenm1984]

Hi,

They've just phoned again that 4 times today now, I assume 2 calls for each account, I hung up so now they keep leaving vioce mails, which costs me money to retrive, and all they say is my ref number then hang up, I know its them as its their ref number! how can I stop this, will the letter actually stop them? and has anyone got any info on call burner/skype? I've confused myself! does call burner work for mobiles?

[ODC]

Have you sent them the telephone harassment letter

[diskmandave]

Here's my favourite letter! Edit to suit.

 

[Lula]

nice one Dave, send it Helen, and CCA all your creditors (credit cards and loans)

[Mrs_Ryan]

they did the same thing to me - said they would take stuff that wasnt mine and also implied I was lying about suffering from a long term chronic illness. I complained and they didnt answer my complaint properly so Ive dobbed them into FOS and OFT... but were surprisingly agreeable with not ringing me. Tell 'em theyre breaching the Disabilty Discrimination Act!

[ODC]

Here's my favourite letter! Edit to suit.

 

Great Letter Dave BUT you forgot to put

 

 

 

 

 

 

 

 

 

 

 

 

 

VALID EVEN IF NOT READ BY YOU

[diskmandave]

I thought it best to leave it out as it's going to 1st Credit..

[helenm1984]

Hi,

Brilliant!! the people at the post were giving me some funny looks! talk about making them work!!

but at least I will have some more letters to send! I cant wait to send the harrassment letter! as I'm sure they wont be rud and discriminate by letter, but then again with these morons I think anythings possible!

I hope their mothers are proud of them, you can imagine 'oh son/daughter what do you do for a job...?' 'oh I harrass people for a living, by being a total twit'.... 'oh......'

sorry still fuming!!

[Ellison50]

Hi,

Yeah your right, I just dont want them sending 'people' round not baliffs but the ones that do what the people do over the phone ie 'try and come to some arrangement', you see my mum would answer the door, tho she knows not to let anyone in, I dont want them harrassing or upsetting her, I know they shouldn't or cant but then they shouldn't be allowed to say what they did on the phone so thats what worries me. I dont know if that would happen tho?!

 

 

I would advise (and it is only my suggestion) that anyone in the house checks who is at the door before opening it. If you do not know them, or they will not tell you who they are, do not open the door.

 

If it is opened, and it is a DCA/debt collector etc., you never know what they may do to gain (or force) access.

 

The law is there to protect all of us, but it seems to me that these people do not care what they can do or not.

[ODC]

If it is opened, and it is a DCA/debt collector etc., you never know what they may do to gain (or force) access.

 

.

Any DCA operative who forced their way in to your house would be commiting a serious CRIMINAL OFFENCE. Remember these doorsteppers have NO LEGAL POWER WHATSOEVER

[helenm1984]

Hi, again thanks for the advice, my mum knows only to answer the door to people we know, but I have heard on the news when some debt collection agencys just push through, and the police dont know what to do, btu i was thinking, as it isnt my property and my stuff technically belongs to my mum, if they were to take anything then its theft, surely? and then again if they were to forcebly gain entry you could accidently try to protect yourself and belongings? I know you shouldn't say that but Im sorry I would protect my house and belongings!