1st Credit CCA Response

[mancini602]

I'll try to keep it simple.

 

My wife had 4 accounts with HFC (3 PC World agreements and 1 Marbles Credit Card) which had all defaulted on.

 

About 8 months ago letters came from 1st Credit regarding the 3 store agreements (not the Credit Card).

 

Anyway, they were all very threatening and a big worry. At the time we didn't know about this site.

 

After many discussions with 1st Credit, we agreed to pay off (and did) in one go, 1 of the store agreements (£1500) and be on payments schemes (£14 and £15) for the other two.

 

So...(with me so far?) now we have 1 paid account and 2 accounts are on payments which we have be paying diligently on time every month via payment card.

 

Anyway, the other day, another letter 'introducing' 1st Credit arrived. This was for the Marbles Credit Card and a balance of £2481.

 

Because me wife already has 2 accounts running with 1st Credit, she called them as per their letter had requested. (I know this breaks the golden rule, but as my wife appeared to have a reasonable relationship with them we thought calling them wouldn't be an issue). The lady on the phone absolutely refused a payment scheme and said that my wife was marked as 'unreliable' and demanded full payment NOW!

 

My wife re-iterrated that she has 2 accounts with 1st Credit and has never missed a payment, so how can she be classed as unreliable and can she have a payment scheme for this Marbles account. The girl on the phone got all shirty and again demanded full payment.

 

Now...my wife being my wife...then gave the girl the full hairdryer treatment over the phone, to the point that 1st Credit hung up on us!

 

We immediately sent a CCA request for this account and have already had a response (within 4 days). My question is this. The letter says that they are going to ask their client for the agreement, but they expect it will take at least 6 - 8 weeks and that as soon as they have it and send it to us, we must contact them to arrange settlement of the debt.

 

Surely 6 - 8 weeks takes them outside the 12+2 and 30 days window?? Will they now get shirty with us regarding the other accounts we are paying?

[drob]

I have had mant dealings with 1st Credit and and have CCA'd them twice and on both occassions they have failed to provide my CCA request and have passed my accounts back to the original creditor. Even though 1st Credit are well aware of the 12+2 and 30 day limits, they always send out a generic reply to a CCA request and quote it will take 6-8 weeks.

 

Do you know if any of your debts contain unfair charges, maybe be worth sending off a Subject Access Request off, especialy for your Marbles credit card debt as im sure you will find some unfair charges you could claim back.

 

Regarding your other accounts you are paying, have you sent off a CCA for them?? Are they entitled to collect the debts??

 

I would also write to 1st credit and advise that you will only deal with them in writing from now on.

[42man]

I can't believe how unreasonable these people are....there you were happily paying an amount each month, then all of a sudden they get shirty for no reason....(probably because all these so called debt negotiators are on commission and she probably had a tough target to hit, so thought she could push your wife.) Now they are being unreasonable send CCA requests for ALL the accounts...and it doesn't matter what they tell you about how long it takes them to get the paperwork (if any)...you MUST stop talking to them directly and get EVERYTHING in writing....If you need any convincing about the CCA then read this.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133653-consumer-credit-agreements-letter.html

 

If they don't send you these agreements after 12+2 working days and then a further 30 calendar days you are quite entitled to stop paying them...(the ethics is of course up to you)....if they can't produce the agreements then the debt's are unenforceable by law (let alone them containing the prescribed terms !!) Also if they don't abide by these then at the end of the time period ask for their official complaints procedures...

 

Also bear in mind that while the debts are in dispute the OFT says this...

 

2.8 Unfair practice -

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

Also got to ask if you have reclaimed any of the excessive charges and also the HFC PPI payments (you know these have been in the news recently !!!)

 

Send all the CCA requests by recorded, send a £1 postal order for each,

 

Keep us posted !!!

[mancini602]

I can't believe how unreasonable these people are....there you were happily paying an amount each month, then all of a sudden they get shirty for no reason....(probably because all these so called debt negotiators are on commission and she probably had a tough target to hit, so thought she could push your wife.) Now they are being unreasonable send CCA requests for ALL the accounts...and it doesn't matter what they tell you about how long it takes them to get the paperwork (if any)...you MUST stop talking to them directly and get EVERYTHING in writing....If you need any convincing about the CCA then read this.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133653-consumer-credit-agreements-letter.html

 

If they don't send you these agreements after 12+2 working days and then a further 30 calendar days you are quite entitled to stop paying them...(the ethics is of course up to you)....if they can't produce the agreements then the debt's are unenforceable by law (let alone them containing the prescribed terms !!) Also if they don't abide by these then at the end of the time period ask for their official complaints procedures...

 

Also bear in mind that while the debts are in dispute the OFT says this...

 

2.8 Unfair practice -

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

Also got to ask if you have reclaimed any of the excessive charges and also the HFC PPI payments (you know these have been in the news recently !!!)

 

Send all the CCA requests by recorded, send a £1 postal order for each,

 

Keep us posted !!!

 

Thanks. Will send CCA requests for the other accounts we are paying.

 

Regarding excessive charges....certainly on the Marbles Credit Card there are massive charges.

 

Let me put it this way. My wife had a limit of £2000. When we were in difficulties, they took her card away but she had to carry on paying as normal. The minimum payment every month was never just the 5% minimum statement payment (as it should've been) but always 5% plus all of the overlimit amounts etc etc.

 

We were paying in excess of £300 per month and never seemed to reduce the balance. In the end we defaulted as we just couldn't keep paying.

 

Even now...we still owe £2481! Do we send the SAR to HFC or 1st Credit? I assume this should be £10 by postal order? I thought all charge back claiming activities had been stayed? Marbles (and HSBC...but that's another story) must owe us thousands. Unfortunately we do not have any old Marbles statements to be able to calculate what we may be owed...but surely if we still owe them £2481, they'll never re-imburse us? How do we claim without knowing the correct amounts?

 

...Just quickly...we also pay Fredricksons £618 per month for 2 HSBC loans, 2 HSBC Credit Cards and an old current account with a balance of £3500. This all happened because at the rough time when I became unemployed, HSBC would not stop taking their loan payments and CC payments by Direct Debit from our Current Account. Every month, they took the monthly payments, then bounced the DD's (charging us £££'s everytime) and then would credit the loan or cc payment back but leaving us with a stack of charges and plunging our Current Account into the red. Can you claim back charges on accounts that have already defaulted?

 

In fact Fredricksons , just three weeks ago, demanded an increase in our payments.

[mancini602]

**bump**

[citizenB]

Thanks. Will send CCA requests for the other accounts we are paying.

 

Regarding excessive charges....certainly on the Marbles Credit Card there are massive charges.

 

Let me put it this way. My wife had a limit of £2000. When we were in difficulties, they took her card away but she had to carry on paying as normal. The minimum payment every month was never just the 5% minimum statement payment (as it should've been) but always 5% plus all of the overlimit amounts etc etc.

 

We were paying in excess of £300 per month and never seemed to reduce the balance. In the end we defaulted as we just couldn't keep paying.

 

Even now...we still owe £2481! Do we send the S.A.R - (Subject Access Request) to HFC or 1st Credit? I assume this should be £10 by postal order? I thought all charge back claiming activities had been stayed? Marbles (and HSBC...but that's another story) must owe us thousands. Unfortunately we do not have any old Marbles statements to be able to calculate what we may be owed...but surely if we still owe them £2481, they'll never re-imburse us? How do we claim without knowing the correct amounts?

 

...Just quickly...we also pay Fredricksons £618 per month for 2 HSBC loans, 2 HSBC Credit Cards and an old current account with a balance of £3500. This all happened because at the rough time when I became unemployed, HSBC would not stop taking their loan payments and CC payments by Direct Debit from our Current Account. Every month, they took the monthly payments, then bounced the DD's (charging us £££'s everytime) and then would credit the loan or cc payment back but leaving us with a stack of charges and plunging our Current Account into the red. Can you claim back charges on accounts that have already defaulted?

 

In fact Fredricksons , just three weeks ago, demanded an increase in our payments.

 

 

This happened to me. On Monday, after 3 months of fighting this I was advised.. Yes, I was correct the Direct Debit Guarantee protects the consumer and it was my right to have a DD mandate in favour of HSBC bank cancelled. To close the matter HSBC have paid back all the charges they have taken regarding the revolving payment to the HSBC loan. (I checked and it is in the account today) So if this is still happening to you fight it and if your DD has now been cancelled then you should be able to get your charges back albeit with a little bit of a skirmish

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/129599-hsbc-has-ppi-been-3.html

[harrythehawk]

Had some rubbish from these clowns saying taking me to court etc etc on a debt that Lloyds have already said in writing they don't have a CCA for, let them carry on with their idle threats to cost them some money, waste time etc. After phone call on answerphone thought it was time for CCA, taken the £1 so I will assume they are going to send me the thing Lloyds have already said they haven't got !! Received standard CCA letter, basically my plan is to let them go through all of this, tell me it is being returned to Lloyds which is inevitible and at which point I will thank them in writing for doing so and provide a copy of the letter Lloyds sent me with an "I KNOW" in big letters, also I will be sure to remind them "DO NOT UNDERESTIMATE THE SERIOUSNESS OF THE CONSUMER CREDIT ACT" ..... for those who have received correspondence you will know what I am talking about !!

[babybear39]

Subscribing...

[Mrs_Ryan]

Had some rubbish from these clowns saying taking me to court etc etc on a debt that Lloyds have already said in writing they don't have a CCA for, let them carry on with their idle threats to cost them some money, waste time etc. After phone call on answerphone thought it was time for CCA, taken the £1 so I will assume they are going to send me the thing Lloyds have already said they haven't got !! Received standard CCA letter, basically my plan is to let them go through all of this, tell me it is being returned to Lloyds which is inevitible and at which point I will thank them in writing for doing so and provide a copy of the letter Lloyds sent me with an "I KNOW" in big letters, also I will be sure to remind them "DO NOT UNDERESTIMATE THE SERIOUSNESS OF THE CONSUMER CREDIT ACT" ..... for those who have received correspondence you will know what I am talking about !!

 

These muppets admitted something along the same lines to me - to quote them 'NOT AVAILABLE!!' They havent bothered returning it to Lloyds whichi s good... Im in the process of getting em in lots and lots of trouble :lol: