1st Credit! Need advice ASAP

[shaw26]

Hi all,

 

1st Credit are chasing a debt of mine which is for £1,330 on a credit card. I wrote to all my creditors stating I can only afford to pay so much a month and included an in goings and out goings spreadsheet aswell as I cheque to each creditor.

 

1st Credit cashed this cheque but today I get a letter from a solictor saying they are acting on behalf of 1st Credit and I have to make full payment within 14 days or they will issue proceedings against me in the county court.

 

The letter states that they are instructed not to enter into correspondence with me and all communications are to be made to 1st Credit.

 

What should I do?

 

Thanks

[maroondevo52]

Hi, Shaw26.

 

You need to establish if 1st Credit have any right to collect this alleged debt, send them a CCA request, with a £1.00 Postal Order, don't sign the letter.

 

Letter 'N' in the Templates Library.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it recorded.

 

Remember, never speak to these people on the phone.

 

 

Regards.

 

Scott.

[shaw26]

I already did that, they have tried phoning me so I sent them a letter saying I will only speak to them in writing and then I get the letter from the solictor. Im a little worried!

[Pinky69]

Write to tell the solicitors that the alleged debt is in dispute as !st Credit have failed to respond to your CCA request and in pursuing you for the debt whilst the account remains in dispute, 1st Credit are in breach of the CCA 1974, the Administration of Justice Act Section 40 and OFT guidelines.

 

They cannot take any legal action unless they are able to produce the original agreement in court. It's a ploy to put pressure on you and is sometimes indicative of the fact that they cannot find an agreement.

[shaw26]

They did send me a copy of the CCA, but im just confused as they cashed the cheque after I sent them the letter saying I can only pay X amount each month. Shall I keep sending the cheques or contact the OC and arrange a monthly payment with them?

[IdaInFife]

when you send the letter did you include and income and exp sheet?

 

 

if you did, just keep paying what you proposed and stick to it,

 

if you didn't, send one with another letter inlcuding the payment and stick to it.

 

they would look pretty stupid , if you did this and stuck toit, if they took it any further

 

 

ida x

[IdaInFife]

can you post the cc they sent?

 

it wasn't just an application form was it?

 

ida x

[shaw26]

Yes I did send an in goings and out goings sheet! I do not have a scanner but the letter said the following on the CCA its a photocopy and on the letter is says:

 

please find enclosed an edited copy of the signed agreement fo the above account and would ask for your comments.

 

a) If you confirm that this si your signiture we will of course send you a complete copy of the relevanc document,We would also invite your porposals for settling this outstanding debt.

 

b)If this is not your signituatre we would ask you to provide our office with a copey of your signiture from an official document,(such as a driving licence/passport),to substantiate your claim,Please be assured that the matter will be incestigated mimmediately.

 

c)Where and address is detailed that you do not reside in we would ask you to cmomment on whether you ever resided at the address and if so the period of your occupation.

 

d)If we beleive that a fraud has taken place against you we will advise you.In these circumstances we would recommend tha tthe matter is reported to the local Police and 1st credit Ltd,will of course co-operate fully to ensure the matter is throoughly investigate.

 

Thank you for you assistance in this matter.

 

Yours sincerely

 

***

 

1st credit Ltd.

 

Then there are two pages which are photocopied from Aqua stating my personal details, pages 3 and 4 of 8.

[IdaInFife]

On the agreement does it have the prescribed terms. etc APr amount of credit , cancellation details etc?

 

If it has them just keep paying your proposed amount.

[shaw26]

On the one page is has my address details ,phone number etc on the second page at the top is says CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

 

then just small print with the following headings:

 

Parties

Key Information

Missing Payments

[IdaInFife]

i take there are details under key info etc about apr etc

 

 

idax

[shaw26]

yes there are details on apr, balance transfers, cash advances etc

[creditcardmug]

Post up the CCA they sent, minus personal details, someone can then have a look and see if it's enforcable

[veryweary]

a) If you confirm that this si your signiture we will of course send you a complete copy of the relevanc document,We would also invite your porposals for settling this outstanding debt.

 

b)If this is not your signituatre we would ask you to provide our office with a copey of your signiture from an official document,(such as a driving licence/passport),to substantiate your claim,Please be assured that the matter will be incestigated mimmediately.

 

1st credit Ltd.

 

.

There is a template letter you can send written by pt2537 (one of the Moderators) with regard to 1stCred request for your signature

 

 

He also advises that the Consumer Credit Act doesn't provide that they can demand your signature before they comply with your CCCA request, nor does the Data Protection Act. It does allow them to satisfy themselves as to your identity, but doesn't expressly state they can have your signature, so don't give them it or confirm it!!

 

Hope when you get your CCA scanned and posted , CreditCardmug and Ida confirm it's unenforceable:D.

Edited June 30, 2008 by veryweary
link to template letter removed

[shaw26]

 

 

 

[PGH7447]

Yes I did send an in goings and out goings sheet! I do not have a scanner but the letter said the following on the CCA its a photocopy and on the letter is says:

 

please find enclosed an edited copy of the signed agreement Why is it edited, ask them this fo the above account and would ask for your comments.

 

a) If you confirm that this si your signiture we will of course send you a complete copy of the relevanc document,We would also invite your porposals for settling this outstanding debt. You already send a proposal with your income and outgoing spreadsheet, remind them of that

 

b)If this is not your signituatre we would ask you to provide our office with a copey of your signiture from an official document,(such as a driving licence/passport),to substantiate your claim,Please be assured that the matter will be incestigated mimmediately. Do not ever send them anything like this, they are happy to pursue so they must belive it is you

 

c)Where and address is detailed that you do not reside in we would ask you to cmomment on whether you ever resided at the address and if so the period of your occupation. none of their goddam business

 

d)If we beleive Big of them, they are now police as well as debt collectors that a fraud has taken place against you we will advise you.In these circumstances we would recommend tha tthe matter is reported to the local Police and 1st credit Ltd,will of course co-operate fully to ensure the matter is throoughly investigate.

 

Thank you for you assistance in this matter.

 

Yours sincerely

 

***

 

1st credit Ltd.

 

Then there are two pages which are photocopied from Aqua stating my personal details, pages 3 and 4 of 8.

 

Dont do their job for them, it is up to them to prove to you that the alledged debt is your

[shaw26]

The pictures attached are a bit small, I will try and make them bigger later on today when I get a chance!

[mrsfoot]

How is this case getting on??