Help with 1st Credit please

[Bonny08]

Hi There

 

I also am having extreme problems with 1st credit, Im at my wits end to be honest, 1st credit traced em to my mothers address in January this year, baring in mind I have lived in my own proprty for 10 years where I first took the debt out back in 1999 with Northern Rock, Im a resident of Glasgow and I know I havent made any payment to them for well over 6 years however they have sent me a list of transaction saying the last payment was for August 2003? They sent me a copy of the credit agreement also. I have sent them back a letter req further evidence as this deems not suitable...I sent them a letter with regards to the

Prescription and Limitation (Scotland) Act 1973 on April 14th 2008 however did not get a reply back from them ie aofrementiond documents until Saturday May 24th!!!! They have now sent me another req for payments and threatening bankruptcy.....I offered to make payments however thy said no and wanted me to speak to someone they could help me contact regarding remortgage for this debt......Can somene please help me Im really on the verge of losing it the thougth of losing my home scares me beyond belief....

 

Thank you x

[veryweary]

Hello Bonny08

 

Welcome to CAG, where you'll find lots of great advice and support.

 

I'd suggest that you start your own thread rather than getting mixed up in someone elses, as it'll get very confusing if a number of replies are posted. It will also help if you advise what type of debt it was, eg Credit Cardetc, and for how much, and whether there are a lot of unlawful charges in the balance.the debtfs

 

Don't panic about 1stCredit as they will bully anyone on the phone if they can. Don't phone them and never speak to them on the phone , advise them you will only deal with this in writing. Never use your signature on any paperwork they send you, leave blank or if you have to use capitals.

 

Suggest you read some of the other threads on the site about 1stCredit where you'll find some great information from experienced users on all manner of things from dealing with telephone harassment, to being taken to court.

 

With regard to the copy of the CCA they sent you, I'd suggest you scan it and upload it onto your thread, then ask for an experienced Cag user to check it for you. Before scanning you need to remove all personal and identifying data. It may not meet all the prescribed terms, and is therefore unenforceable in a court. Then you can get further advice on what to do next.

 

Sorry I can't help further, I'm new to CAG myself,

 

I've assumed that 1stCredit haven't sent you a Statuatory Demand but are only threatening bankruptcy on the phone

[rory32]

Hi Bonny08 and welcome to CAG. I have moved your post to a thread of its own.

 

As veryweary correctly states we need to know the type of account that this is, the amounts involevd (rough figures are fine you don't need to give exact amounts), etc. before offering you advice on your situation.

[Bonny08]

Hi

 

Thank you for your reply....Bascially this is a debt I took out with Northern Rock in 1999..I was made redundant a year letter and cant remember paying anything after that?..The debt stands @ £9465. 1st credit have sent me a CCA and a list of transactions I have made in Aug 2003 thus being the last one....I have asked 1st credit for proof of this TWICE and had one response saying they would need to contact there client then get back to me in 30 days once a response has been made...that was 3 weeks past and on Monday 23/06 I have recivd a letter from Yuill and Kyle Solicitors threatning me with legal action if I dont pay up?...I phoned 1st credit yesterday and asked them what was going on and got a VERY nice advisor called NEHA who adv that this letter from Yuill and Kyle should NOT have been sent and they are trying to get my proof as this can take between 6- 8 weeks to get...I sent them another letter yesterday enq why I have recvd this and sent them a SAR for the information I need to proceed, I have NEVER once admited to the debt as I have been in converse with the national debt helpline however Im getting very weary and am thinkin about proposing monthly instalments as my health is suffering with the anxiety of this all and the fear.....I havent slept in over 2 weeks for the scare of losing my home....the letters they send are frightening me and I just want this to be over.......Can you offer any suggestions or advice on this to me please..

 

Thank you kindly xxxxxxx

[veryweary]

Hello,

Sit tight, don't worry and whatever you do don't make or agree any payments. You're only a few weeks away from this debt being statute barred, and 1stCredit know that.

 

So they're trying to harass you into making a payment before Aug to break the stat bar. It's up to them to prove you owe this money in the agreed time, and they haven't. That's the risk they take when they buy old debts for 1p in the £1, some times they'll lose their money:D

 

Understand how you feel, have had the same letters myself. But you won't lose your home, and all the threats in their letters are just that threats, trying to frighten you.

 

Don't forget to make complaints to all the regulating bodies you can, OFT, FOS etc as this company are pretty evil and need to be made to behave.

[rory32]

Bascially this is a debt I took out with Northern Rock in 1999..I was made redundant a year letter and cant remember paying anything after that?..

It sounds as if someone has been getting creative with the accounting as it is just too convienent that payments were made to bring it under the 5 year period for statute barring.

 

Don't worry about losing your home. This is not going to happen.

 

Any action that they brought (them bringing any action is highly unlikely) would require them to prove that the account is not statute barred. You would not have to prove that it is.

 

I think a complaint to the OFT is in order http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147893-complaint-about-being-threatened.html

 

Do not be afraid of these people. They have no legal powers whatsoever.

[Bonny08]

Thank you so kindly for your replys....I will wait with bated breath on there reply from my letter sent wednesday.....

 

The issue was with the Solicitors letter more than anything got to me as I panicked I feel as if Im going round in circles and in a nightmare if truth be told and afraid of what the post brings, when i spoke with them the other day she was scarily nice which kinda frightened me more than anything.......I think I will make a complaint....they said it takes between 6-8 weeks until they can get the proof of how I paid the monies is this normal???...I would have thought that with there threats they would have been able to produce such material straight away???......x

[rory32]

they said it takes between 6-8 weeks until they can get the proof of how I paid the monies is this normal???...

It's normal for them to state this, but they have only 40 days from receipt to supply information under a SAR.

 

When you were originally making payments can you remeber how this was done e.g. DD, cheque, cash?

[Bonny08]

Hi Rory

 

No I cannot remember thererfore I have asked them to supply me with evidence of how this was made....ie: direct debit, giro slip and to date have heard nothing, when I spoke with the advisor last week she said this has been requested has been noted and they are trying to deal with it altho can take up2 6-8 weeks to get.....Also I have yet to hear back from there solicitior?....Do u think its wise for me to maybe send them another letter friday asking if they have any further info with regards to this application? So that way Iam keeping myself in the loop?.....

 

B x

[rory32]

you don't need to write to them. They will need to provide evidence that the account is not statute barred - which they will not be able to do.

[Bonny08]

Hi There

 

Update on my trials with 1st Credit, I have had to seek a solicitor as they have served me with a citation....So my solicitior wrote to them with a soloution form mye to pay back per month as he believes my case isnt good due to the fact I cant member if last payment was outwith the 5 years etc staute barred thing....... anywayz my expiry for citation was 06/08. Soliciotor still hadnt heard from there solicitor so I have now had to lodge my intention to defend....my solicitor believes they are p******g about however am at my wits end and soooo scared that im going to be made bankrupt by the court and loose my home....Ive now been signed offf work for anxiety and Im heading for a breakdown I think! ..........Im worried now about impending solicitors fees etc....Can anyone help me please am lost .......I dont want to lose my home but i just dont know when my last payment was made and am worried sick x

[Bonny08]

Hi There

 

Update on my trials with 1st Credit, I have had to seek a solicitor as they have served me with a citation....So my solicitior wrote to them with a soloution form mye to pay back per month as he believes my case isnt good due to the fact I cant member if last payment was outwith the 5 years etc staute barred thing....... anywayz my expiry for citation was 06/08. Soliciotor still hadnt heard from there solicitor so I have now had to lodge my intention to defend....my solicitor believes they are p******g about however am at my wits end and soooo scared that im going to be made bankrupt by the court and loose my home....Ive now been signed offf work for anxiety and Im heading for a breakdown I think! ..........Im worried now about impending solicitors fees etc....Can anyone help me please am lost .......I dont want to lose my home but i just dont know when my last payment was made and am worried sick x

[veryweary]

Hello Bonny08,

Sending you some moral support but if you've taken professional advice, I'm sure things will be fine and you won't lose your home. Regardless it still causes huge stress and anxiety , unfortunately IMO that's part of the stategy behind them. Sorry to hear you've had to take time off work due to stress, and hope things are sorted soon.

 

Individuals successful in gaining SD set asides have claimed and been awarded costs, will that not also apply in your case?

[Bonny08]

Hi there

 

I recvd a letter from there solicitors yesterday accepting my monthly proposedpaymetns of £150????.... Quite shocked to say the least........this will be reviewd by them every 6 months and I must comply with thm or else they will decree against me.......

 

Not to be ignorant but I didnt really understand parts of ur message there am not sure what IMO or SD means.......sorry to be think lol!

 

I have an appointment with my solicitor Monday so Im going to see what he says .........

 

Thanx for taking the time to respond x

[veryweary]

Hi B8

 

IMO - In my opinion

SD- Statutory Demand- my mistake , thought 1stCred had sent you one. I'm hopeless at abbreviations too.

 

I only know what I've learned on this forum and from reading a couple of books, so my knowledge is extremely limited, and you've got a solicitor who knows the legal system.

 

But if it helps if I was using the services of a solciitor,

 

a. I'd tell 1stCred I want definitive proof of how that money was paid to this account other than just a statement from them. As far as I'm aware if that debt hasn't been paid for more than 5 years then court action can't be taken and 1stCred would be in trouble for trying it, so this could be a bluff.

 

b. If you think you have made payment, or it's proved you have made payments in the last 5 years, then I'd ask my solicitor if the CCA copy they sent you (mentioned in post 1) is enforceable in a court. Don't forget 1stCred have to provide documents in court to win a decreee.

.

C. Report 1stCred to Trading Standards. They are currently investigating a few complaints about 1stCred behaviour. The more they receive the more chance there is that some action will be taken. Also once your case has been taken up, if 1stCred continue to harass you then TS will intervene.

 

As I can't afford a solicitor I'd be doing it myself using the letters and advice from the forum.

 

Hope you're feeling better today. These things get very stressfull. But you're not alone, there's a lot of us having ongoing discussions with 1stCred.

[john doyle]

Here is some info on how a Protected Trust Deed can help you with this.

The aim of a Trust deed is to provide assistance with the current financial burden that you may be facing at this time.

Please be assured that you are by no means the only person to find yourself in this position as there are many thousands of people that fall into the “Debt Trap” as you have. Nowadays it is estimated that at least one family out of four in the UK have debt problems or money worries at some time in their life

The setting up of a Trust Deed would;

HALT Any legal actions in force at present (including proposed bankruptcy proceedings).

STOP Judgments, warrants or winding up notices.

STOP Demand and default notices.

STOP The pursuance of collection agencies.

STOP Debt collectors calling at your home.

STOP Harassment by phone or letter.

FINANCIAL BENEFITS

Trust Deeds were formulated and made law by the Government to enable people in severe debt to come to a legally binding and mutually agreed arrangement protected by the 1993 Bankruptcy of Scotland Act to …

STOP All further charges incurred by monthly interest on demand.

STOP Bank charges and accrued interest. Have all debt balances calculated as one final balance into one final amount as low as 25% of the total debt (this amount would be calculated and assessed from your personal affordability into one payment made over a period, usually no longer than 36 months.)

When in operation no creditor can change their mind or alter the arrangement in any way.

IF YOU ARE A HOMEOWNER YOUR HOME IS PERFECTLY SAFE.

A licensed practitioner or “TRUSTEE”, as he is known puts together the Trust Deed agreement under the Insolvency Act of 1986. No other individual or company can legally administer a Trust Deed. This is the main reason creditors are happy to accept all proposals that will be offered at a creditors meeting after an interim order is made by a Solicitor on your behalf.

All dealings with your creditors can then only be made through your Insolvency Practitioner thus making your life easier and completely stress free.

I am absolutely certain there is no better way to finally resolve once and for all, the whole of your debt problems without prejudicing you in the way that court orders and judgments may. You could still be able to obtain a mortgage for instance, if it was a problem we could always help and as I said previously your home will always be safeguarded.

Certain professions and certain forms of employment require that an individual be financially responsible (which a Trust Deed does) as opposed to bankruptcy, which would automatically disbar them, because the individual is maximizing the return to his creditors.

I hope this information will help you make an informed decision on how to handle your current credit situation. If you have any questions reply and i will get back to you

[Dipply75]

Hi Bonny08, just lending a bit of moral support and to back up what veryweary said.....you MUST demand solid proof of this supposed payment within the 5 year time limit, they must provide this.

 

Let us know how you get on

[Dipply75]

Please only consider a Trust Deed as a last resort. It is a very good thing for people who's debts really have become unmanageable for whatever reason but it is not the 'easy fix' it sounds like.

 

If you can deal with these debts yourself then I would try, unless you cannot get any further, before considering a formal solution. Let me know if I can help at all

[Bonny08]

Hi there

 

Thank you all for above comments..........Just thought that I would advise, I visited my solicitor yesterday and he confimed that CREDITORS do not have to provide how payments are made?!?!?! so hence the reason Im now comitted to paying back 1st Credit £150 for the next 1000 years .........I asked my solicitor if i had a good case with regards to time barred etc and he advised NO..........He said there was to much of a risk as I own my own house and that they could make me bankrupt at the drop of a sledgehammer...etc.....and said if i was in rented accomodation and on the social security then he would defend the case as I would have nothing to lose!..BUMMER!

I would tread very careful to all who deal with 1st credit as they dont fool around and there not a daft DCA which I have seen reffered to on here........I hate DCA and esp 1st Credit................there for real and to date have made my life hell.........

 

Thank you for all ur assistance and help tho....Good luck......I do appreciate it x

[Dipply75]

Hi Bonny08, this all seems very wrong to me.....you are perfectly entitled to ask for proof of what you paid and when! They are obliged to supply you with this along with your CCA when you requested it.....if you inform them the debt is statute barred they must stop collection or prove otherwise to continue collection. Your solicitor doesn't seem to want to demand your basic rights from these people.

 

Have they replied to your CCA request or your SAR yet? If not then you need to get the complaints going asap. I would phone the OFT first thing in the morning and trading standards, tell them you are sure it is stature barred but they refuse to provide proof it isn't.......it is worth a try!

 

Maybe Rory can advise further?

[veryweary]

Hello Bonny08,

You must do what you feel is best for you. I'm not encouraging debt avoidance , or trying to get you to change your mind. But this is a forum of opinions and advice ,and on behalf of other people who might read this thread, I agree with Dipply75 that the advice you've been given is misleading , if the circumstances you've posted are correct.

 

Common sense dicatates a creditor would have to prove how a payment was made in a stat barred debt, otherwise payment admin errors could cause the clocks to be unfairly restarted on debts:roll:.

 

If you consider that there is a stat limit on reclaiming illegal charges from banks, what is good for the goose is good for the gander. Ethics don't apply , it's the written law, and it's there for a reason.

 

The TS guidelines are also very clear that it is considered harassment to chase someone for a debt after 6 years . If you contacted them, they would take up your case and they already have 1stCred in their sights from numerous other complaints made them. If TS take up your case 1stCred will not be able to blow their nose in your direction, without providing proof of how those payments were made.

 

I also spoke to a solicitor recently and he assured me that to enforce a debt, a creditor would have to produce the original CCA document and NOA to enforce a debt in court. He also advised that lack of these documents would also be sufficient grounds to set aside a SD which is the prelude to a bankruptcy petition as far as I am aware. This advice seems contradictory to being made bankrupt at the drop of a sledgehammer.

 

So all very interesting, think we need an expert to advise on this, although meantime I still think you have to take the action you are most comfortable with.

 

Good Luck:-)

[Bonny08]

Hiya

 

Again thank you kindly for your comments.....1st Credit have already supplied me with the CCA....This wasnt the issue with them the issue is as mentioned the failure of them to supply me with how the payments were made....the truth be told I cannot remeber back to 2003 if I made a payment to then which they are claming was Aug 2003...its all very convient as the staute demand inScotland is 5 years.....The ting that has SCUNNERD me is that a year and a half ago they sent a letter to my parents, my dad opened and told me to fone them and tell them there was no one there of that name...which I did....However 1 year on they wrote agian and my MOTHER opened it and hence the reaosn Im now in this boat....I understand what you are all saying I just think that now I have had my fill of it and just want to get on with it.....I havent got the nerve for fightening against them etc and th threat of bankruptcy is just to much for me....I asked m Solicitor with regards to making complaints etc however I dont think there is much use in that either cos what exactly is that gonna acheive....1st credit will still bully they havent stopped and I cant see them going to .......there scumbags who buy debts for pennies and scare the living daylights out of people like me........It was my debt and at the end of the day I shoulda paid it without burying my head in the sand and hoping it will all go away....this my friends has taught me that things like this never go away....

 

Love and Bananas xxxxxxxxxx

[Dipply75]

I understand that feeling SO well! You just want that knot in your stomach to go away.

 

You have done the right thing and taken proper advice, our only concern is that if you are paying all that money to 1st credit that they are legally allowed to collect it and to be sure you know you have rights..... but you must do what makes you feel better, we're behind you anyway

 

I got stung - I agreed to make payments on a debt when I didn't realise I could demand proof etc (pre-CAG) which went fine until I was made redundant. The second I asked to lower my payment due to this they slapped a CCJ on me - gits. After that I had no choice as I had started making payments then had a CCJ - no choice. It has bugged me ever since.

 

Just out of interest...this magic payment they say you made in Aug 03.....did they give you an exact date?

[Bonny08]

Hiya!

 

Yesh they gave me the magic payment date of 6th August....But further update my solicitor called me and said he came to an arrangement with them and my first payment is 20 Sept....he said they have forgot all about the decree they were putting towards me and I have to just keep paying my monthly figure..........PHEW.......Im sooooo relieved that bankruptcy does not looom and I can sleep in my bed peacefully at night....I would like to thank all for there comments and I wish you all the luck in the future and hope u still fight the cause of this ****

 

Take Care xxxxxxxxxxxxxxxxxxxx ;-)

[Dipply75]

A break!, you sound so relieved

 

If your first payment is due on 20 Sept, have you not made any payments to them yet?

 

If you haven't then it is now statute barred as of the 6th of August - they cannot ask you for a penny or do ANY court action!!!!

 

Have you paid them anything at all?????