1st Credit moving for CCJ for house charge order

[babybear39]

Hi veryweary, welcome to CAG.

 

You're in the right place now to get the best possible help and advice you need to put 1st credit in thier place.

 

Have they accepted the payments from CCCS or have they returned them? If they have acccepted them they are deemed to have accepted the agreement.

 

They're on dodgy ground here as they're breaking a number of OFT guidlines:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

 

Here's the full OFT guidlines:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

I've highlighted the relevant sections to your circumstances and you should continue to ask CCCS to act on your behalf.

 

DO NOT PHONE 1st credit, and if they call you, say politely "in writting only" and hang up.

 

As has been mentioned CCA them and also check for charges on all your accounts.

 

Good luck and best wishes.

[babybear39]

Copy your request and send it to LCS to cover yourself. Send everything recorded and NEVER sign anything, just print your name. Use a £1 postal order for the fee keeping a note of the number to check if they cash it.

 

As for a CO affecting your mortgage terms this is highly unlikely to happen especially as that would give 1st crudit preferential treatment over all your other creditors who are co-operating with CCCS.

[babybear39]

The term "without our consent" may help you re: your mortgage company, but I really don't think it'll come to that.

 

As previously mentioned, you being in a DMP and your other unsecured creditors playing fair leaves 1st credit looking very bad as they are trying to scare you with threats which would mean they want a very unfair advantage by threatening you with a possible CCJ and then going for a charging order.

 

Contact CCCS ASAP and INSIST they help you. Also contact Trading Standards and make a complaint about their tactics, both yours and thiers, so there is no passing the buck.

[babybear39]

Good for you getting the numpties making their horrible threats on tape. I hope the OFT throws the book at them

[babybear39]

They probably won't be able to act on it if permission wasn't given unfortunately.

 

A private individual doesn't need permission to record harassing calls

[babybear39]

Trading Standards and the OFT can advise on that point.

[babybear39]

Glad to hear you've got TS on your side Veryweary as sometimes they need a little encouragement

 

Please post back when they give their opinion re: CPUTR 2008, as this will prove very useful to the whole forum.