Panic!!!

[willtheywontthey]

I sent them cca request with signature this morning in a panic...

 

All I know is I had a letter off them saying as I mentioned in first post on this thread...just said they had been instructed by their clients and the debt was payable. mke cheque out to 1st credit

[willtheywontthey]

now i'm worried again. If they have forgotten to send me - or not yet arrived .. I'm 'in it' so to speak.. They can mess up x times as long as they get it right eventually? Also:

 

1. If I have asked HFC for charges to repaid should HFC hve sold debt?

2. If I SARd HFC should they have sold debt on and basically ignore this request?

[pt2537]

RIGHT STOP PANICKING AND TURN THE PC OFF AND GO TO BED

 

it is no point worrying about things now, its late and you will not be able to concentrate fully if you are stressed and panicking

 

we can go through it all in the morning when we are all fresh

[willtheywontthey]

It's worse than you think - I am in bed!!

[ukaviator]

You should try and get some rest and come back tomorrow when you are not so tired. It is a worry which can be sorted out. I am off for the next few days, and will pop in to see how you are getting on.

 

The others on this thread are very good at what they do and know, so don't panic.

 

If you can't scan in the letter you have received, can you type up what it says for us tomorrow?

[willtheywontthey]

well sleep not much and panic mode still red hot.

 

Here's the letter contents: (was posted 'normally')

 

Business header and address and dates in usual locations.

 

Client: (left blank)

Debt: (amount here)

Client account no: (most of number here)

 

 

Our client has advised us that the above sum remains unpaid.

 

Our client has therefore instructed us to take appropriate action to recover this debt.

 

Please take this opportunity to make payment. Failure to do so will leave us no option but to recommend Legal Action. This may incur additional costs.

- Please send you payment direct to this address.

- Ensure you quote the 1st Credit reference number when making payment.

- Cheques / Postal orders should be made payable to 1st CREDIT LTD

DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER

 

Yours faithfully

 

'scribble'

 

Collection Department

 

 

Help!

 

I need to know what to do if postman brings post with something for me to sign?! My partner will become suspicious. If I refuse postman suspicious. If my partner signs -argh! Sometimes postman signs or neighbour signs for my post!

 

 

[willtheywontthey]

I also read in another thread that they cannot (HFC/Marbles) sell or pass on my debt to another party if I have asked for penalty charges back or account is in 'dispute' - is this correct??? If so this would be ideal (for now!) unless they could argue against it?

 

If so how to define 'dispute' ???

[willtheywontthey]

I would appreciate some help in writing a letter to HFC/Marbles to state (I hope!) that they should never have sold my debt off (legitimate reasons why?????) and something powerful to get 1st credit off my back. I've now read more and HFC and 1st credit as bad as each other.. passing debts on again, going back and forth saying debt now theirs or not theirs.

 

Have sent the CCA request to 1st credit (stupidly signed sorry!) yesterday morning. Cannot cope with waiting 12+2 days or having to argue the toss with them whether anything they send is legitimate or not. It will stress me out too much. I know this is what they aim to do but I would rather try to aim diectly at HFC if possible with threats of FOS (is that a threat?), MP or anything really hard hitting and effective? My concern is that even if I send anything to HFC nothing will be done

 

Would really appreciate some hard-hitting and effective ammo to send to 1st Credit in particular.

 

Bear in mind that my 'dispute' with HFC is as follows

 

1. I am disputing penalty charges with HFC - they are still 'investigating'

2. I am complaining to them about their lack of communication and payment methods (encouraging me to pay late each month via telephone but changing goalposts because I send cheque now) and also their heavy handed tactics in threatening default notices when only one month late! (They sent one a few weeks back which said 'if you are ever late again we will default you')

3. They sent me final response regarding my complaint about how they did not use previous goodwill gesture (ie charges!) as part of monthly 'due' which made my account one month late! an onwards as I was (stupidly stubborn)

4. I sent them S.A.R - (Subject Access Request) for 'everything' under Data Protection Act and they sent form back wanting my signature fo '6 years statements' (different thread somewhere!) - this was sent only 4 days before 1st credit sent me their letter!!

Edited May 28, 2008 by ivetriedallusernamesargh

[creditcardmug]

subbing

[willtheywontthey]

subbing???

[willtheywontthey]

am hoping the experts don;t sleep

 

am now waiting for post

 

ps thank you admin ref name ! (silly smile doesn;t edit and should be end of second line!)

[honey5]

subbing???

 

means that they are subscribing to your thread (taking an interest)

 

you really do need to try to stay calm here, you have the best people giving you advice, but you really need to listen too that advice to make sure that you get the best result

 

best of luck, and give people time to read and answer your thread, deep breaths

honey x

[willtheywontthey]

Latest news:

 

I phoned (broke my rule!!) HFC and spoke to 'collections' - they are very nice amazingly for such an organisation like HFC.

 

I was put on hold whilst operator spoke to litigation. She came back and said debt had not been 'sold' to 1st credit but they were acting on their behalf to collect. I told them I was amazed at this as they had received paymentaelbeit late and they had always encouraged me to pay late (do not allow you to pay via telephone on time or early). I told them I was amazed a 3rd party could get access to my personal details and more so if debt not 'sold' on. I mentioned how I was in middle of several communications with them and couple days later I get the 1st credit letter and all the harassing phone calls start; mentioned stressing me out and harassment and all this. I was polite and so was HFC operator. I mentioned the sar also.

 

She chatted (wonder what they said) with litigation and came back to say debt not sold and they 'taking it back'. I mentioned it should never have happened and how could they ensure it would not happen again. I mentioned I wanted all my details removed from 1st Credit forthwith and wanted written confirmation of this from both parties immediately and for all calls to cease. I wanted details of who/which department had made this decision and why and when in a letter to me. She agreed. She was very nice. I also asked for confirmation this would never happen again and in writing - agreed. I asked for it to be emailed to me and a hard copy sent - agreed. I said I'd be complaining to that legislative dept - she agreed to send me their information.

 

Any comments anybody? Anybody heard of 1st direct only acting on behalf of - isn;t that the same as 'selling' the debt to them???

 

I'm still not counting my chickens yet - awaiting correctly worded documents.

[steven4064]

Anybody heard of 1st direct only acting on behalf of - isn;t that the same as 'selling' the debt to them???

It very definitely is not the same. Creditors can do one of several things with a debt:

 

1) they can chase it themselves

2) they can ask another agency to chase it on their behalf

3) they can assign the debt to another agency

 

The first 2 are essentially the same but the 3rd is different. In this case the agency actually becomes the creditor - it's as if the original agreement was with them and they inherit most of the rights and liabilities concerning the debt. The exception is that you reclaim unlawful charges from the original creditor whatever.

 

If you send a s77/78 request to the agent, in case 2 they have to pass ity back to the original creditor but, in case 3, they have to deal with it because they (should) have the agreement.

[willtheywontthey]

What are their motives to ask another company eg 1st credit to chase rather than buy? Is it simply a scare tactic.. which seems to work?

 

Their promise to write a letter saying it won;t happen again isn;t really going to happen is it?

 

When 1st credit in this case sent me a letter saying they were acting on behalf of their 'client' should they have done something prior to sending the letter (send a document or something) or is this different?

 

How come a third party is allowed access to my personal and financial data when account not sold to them??

 

Am I missing something here - seems odd?

[steven4064]

There motive is that they couldn't be bothered. It is much easier to let someone else be nasty on your behalf.

 

A company only has to tell you if the debt is assigned.

 

The DPA allows them to pass on personal information necessary to do the job.

[willtheywontthey]

Thanks for everybody's replies xx You were all right in telling me to chill but it's difficult until after the event...

 

I have now 'chilled' albeit in a zombiefide way! Still no confirmation from either HFC/Marbles or 1stcredit regarding what is going on. I phoned (did I mention that?) HFC and got told:

 

operator 1 - spend an hour chatting going through all documentation - shouldn;t have happened oh dear I can't see why they would do that. darn it litigation shut and my manager away. Will leave message with him with all details for him to deal with but but when I come back will deal with it personally and check etc (yeah sure as if - bugger all done)

 

Next day - operator 2 - manager gone home 1/2 day. Operator 2 takes all details, reads notes, chats to litigation comes back and says she's sorting it out and yes it's a mistake and no 1st credit shouldn;t have personal details. Says she'll email me confirmation etc and get 1st credit and litigation dept to confirm same info + more details which I asked for. nothing bugger all that afternoon/evening

 

Day 3 - ask for operator 2 - she's busy. Call back and get through eventually. Got cut off. Friendly voice not so friendly no more when i ask why nothing happened at all as had been agreed. Got cut off and eventually she fobbed me off to chappy in 'complaints dept' (poor guy!)

 

Complaints guy didn't know what was going on - Operator 3 hadn't done anything as she'd said she had. Operator 1, manager and operator 3 'lied' basically. No wonder I usually ask for everything in writing. This time I made clear to complaints guy why i was so annoyed.. fair play he just 'took it' (I was calm but talked a lot!).

 

1. Why did they get 1st credit to deal with my payment other than because they were trying to intimidate?

2. Why did they send me a request for my signature for S.A.R - (Subject Access Request) when it is not needed other than to fob me off.

3. Why did they send me a letter for signature 4 days before letter from 1st credit arrived?

4. If they had deleted my telephone records (old complaint) then how did 1st Credit get my telephone records to call me the very first day I received their letter?

5. Why had I not received a valid CCA?

6. Action they undertaking clearly retaliatory for my asking for cca and S.A.R - (Subject Access Request).

7. I received no notification from HFC/Marbles 1st credit were going to deal with getting payments off me

8. 1st Credit's 'letter' never stated who the clients actually were and the account number was incorrect.

9. How could they justify such action when I was still following their complaints procedure regarding penalty charges dispute and also cca and S.A.R - (Subject Access Request) separate requests / complaints.

10. I also complained to complaints guy that nobody had asked me any security questions and had broken Data Protection Act which I'd also be complaining about. he then made notes on this complaint on his computer about my account which made me laugh!

 

can anybody assist in helping me formulate a complaint against HFC/Marbles in relation to this 'thread' details?