harassment from 1st Credit

[gizzymoon]

Around 8 Years ago I found myself unemployed and as a result had some loans

and credit cards outstanding I am not going to give any bull**** here I

owned the money and over the Years have been repaying everyone last Year I

paid off three debts and left two these are with Wescott and 1st credit who

I have an agrement with to pay off so much per Month.

On Wednesday I recived a call from a line manager at 1st credit at first he

was polite and I thought nothing of this as a few Months ago I had agreed to

increase my fortnightly payments to them and thought that everything was OK

this bloke said he was sitting in for the Guy who deals with my case and he

has seen that I have a number of Defaults on my account and I said that I

could not understand why because I have been paying them he said I was a few

days late on some payments so thats a default. Then he started getting nasty

telling me that the account was now due to paid in full and asked me if I

could pay there and then I said no I have no money to do so so he said well

can you borrow it. I said no I cant oh well I will have to make you bankrupt

then . So I said well why I have made all the payments to you as you have

asked. He got nasty again and said I am not going to wait 8 Years for you to

pay this off I want it done now or we will make you Bankrupt and come around

and take all your furniture from your house .

So I said I have no assets and if you want to make me Bankrupt then go

ahead.

He then said I will give you 7 days to come up with some money to pay this

off so I said I will give you £300 if you want and he said no I want £1000.

So I am confused no why does he need £1000 2nd thing I have made all the

payments to date and 3rd If I go to court and offer to pay £20 a Month I

would be better off.

What can I do.

[Captain Spaulding]

Was the debt secured?

 

Have you acknowledged the debt in the last 6 years (made payments, written acknowledgement)?

[gizzymoon]

Hi Yes I have been making regular repayments to them over this time

I cant rember the debt being secured at the time I took it out that was Years ago I did own my own house back then but sold my house in 2000 and have been renting since then

[palomino]

First of all sit back and relax. His objective is make you worried and to panic you into something you can't afford.

 

Just ignore him and his threats. If you've been making payments according to an agreed schedule he hasn't a leg to stand on. If he wants to take it further then he has bad news waiting - as well as the combined weight of the members here.

 

Lastly, don't take phone calls from him. If he rings again just say politely that you will only communicate in writing and hang up. You could also write to him saying the same thing (there are several example letters around if you need one).

[gizzymoon]

Hi thanks for that what about the letter they have sent it says that I should pay the full amount now I have not got that kind of money to do this he did tell me to get a loan or borrow from someone the letter also asks me to send in the reciepts from my payments but I dont want to send them because I know these people will lose them

[Captain Spaulding]

OK, you can choose to ignore them however you know that it will be a constant barrage of letters / calls.

 

Do not listen to what they have to say - they are paid to lie and bully people into doing things they should not do. This forum will give you an excellent headstart and put YOU back in control!

 

Personally, I would ask them provide evidence that the debt is infact yours and is enforceable, dont worry that you have already made payments etc

 

Send them this letter by recorded mail, use a postal order and DO NOT sign it, either print your name or just type it!

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

Edited June 30, 2008 by Captain Spaulding

[rory32]

Send them the following letter via recorded delivery http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html If they continue to call report them to the OFT.

[PGH7447]

Around 8 Years ago I found myself unemployed and as a result had some loans

and credit cards outstanding I am not going to give any bull**** here I

owned the money and over the Years have been repaying everyone last Year I

paid off three debts and left two these are with Wescott and 1st credit who are these credit cards?

I have an agrement with to pay off so much per Month.

On Wednesday I recived a call from a line manager at 1st credit at first he

was polite and I thought nothing of this as a few Months ago I had agreed to

increase my fortnightly payments to them and thought that everything was OK

this bloke said he was sitting in for the Guy who deals with my case and he

has seen that I have a number of Defaults on my account and I said that I

could not understand why The defaults would be registered regardless of paying 1st crudit because I have been paying them he said I was a few

days late on some payments so thats a default. Then he started getting nasty

telling me that the account was now due to paid in full and asked me if I

could pay there and then I said no I have no money to do so so he said well

can you borrow it. Against the law did you get the guys name if so report him to 1st crudit and report 1st crudit to Trading Standards I said no I cant oh well I will have to make you bankrupt empty threats from empty heads

then . So I said well why I have made all the payments to you as you have

asked. He got nasty again and said I am not going to wait 8 Years for you to

pay this off I want it done now or we will make you Bankrupt and come around

and take all your furniture from your house . more threats that need reporting

So I said I have no assets and if you want to make me Bankrupt then go

ahead.

He then said I will give you 7 days to come up with some money to pay this

off so I said I will give you £300 dont ever offer them more than what you are already paying if you want and he said no I want £1000.

So I am confused no why does he need £1000 2nd thing I have made all the

payments to date and 3rd If I go to court and offer to pay £20 a Month I

would be better off. - correct

What can I do.

 

Thing is if this is a Credit or loan, did you CCA 1st crudit to see if they can legal collect this debt.

 

If not send them one now by special delivery, the template is in the forum library and costs £1, they want to start playing silly buggers then fight back.

 

if they do not have a valid agreement then after 12+2 days you can legally stop all payments to these creatures

[ODC]

Calm down.

 

Worst Credit cannot just get Balliffs to call at your home and remove furniture. Balliffs are ONLY appointed by a Court and only then after a CCJ has been granted against you and you have failed to keep up with the terms of it.

 

I urge you to make a formal complaint against these wretched people. Complain to 1st Credit, the OFT, Trading Standards and your MP. They are in clear breach of OFT guidelines on the collection of debt by suggesting you borrow money to pay them. They are also in breach of the new Unfair Trading Regulations by their behaviour

 

What I suspect has happened is that one of their pre pubescent telephone threat monkeys (Allegedly) needs to boost his commission up for his two week trip to IBIZA so has decided to threaten people into huge payments they can ill afford.

 

Have you established whether the clowns actually have a right to be chasing you at all. Have you ever asked for a copy of your Consumer Credit Agreement. If not send off letter N to them along with a £1 postal order and see if they can come up with an ENFORCABLE agreement. If they cannot within twelve working days then you can legally stop paying them. Here is the link and you need letter N http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

These people make me so angry with their bullying tactics

[Captain Spaulding]

For once ODC, beat you too it

[PGH7447]

What I suspect has happened is that one of their pre pubescent telephone threat monkeys (Allegedly) needs to boost his commission up for his two week trip to IBIZA so has decided to threaten people into huge payments they can ill afford.

 

 

Brilliant ODC as usual

[gizzymoon]

Thanks for the above information its nice to have someone to talk to over this matter like I said at the beggining I have not run away from the fact that I have a debt its just the way these people are that has shaken me my wife is very ill at the moment and I dont wont this as well.

I will do as you have advised and sen the letter to them I will keep you updated.

[Captain Spaulding]

There are many experts on this site who will ensure your safe and lawful navigation through the DCA path. Very soon you will realise how underhand and unlawful DCA's are!!

 

Keep this post up to date so people can help you further!!

[gizzymoon]

hello

Just an update I have used the templates and sent three letters to 1st Credit one for credit aggrement one to report there line manager and one to request tht they do not call me on the phone again all letters are recorded delivery.

I have also sent a letter to the OFT and complained about the treatment I have recived,

At this point I am still making the payment to them.

I have now had a few calls from a number 08701 642049 I dont answer and it leaves a message to tell me to call there office in a matter of urgency.

 

Gizz

[babybear39]

DO NOT SPEAK TO THE CRETINS ON THE PHONE! Request their formal complaints procedure in writting and report them to Trading Standards for their outrageous behaviour.

[clarkey99]

Subscribing....

 

Listen to the experts on here! The little turd that called you was probably trying to boost his pathetic call centre wage with a bit of commision to spend on his week off in Majorca !

[PGH7447]

I have now had a few calls from a number 08701 642049 I dont answer and it leaves a message to tell me to call there office in a matter of urgency.

 

Gizz

 

Yep thats 1st Crud alright

[Captain Spaulding]

At this point I am still making the payment to them.

 

Continue to do so until the 12 + 2 days from sending the CCA request, once they have defaulted on their duties then the debt in unenforceable and you have a case to stop your payments through dispute.

 

Its your call if you continue to pay them or not, trying to recover monies paid may not be that easy though...

[gizzymoon]

Hi

Just recived a letter from them.

We refer to your recent communication requesting a copy of the relevant agreement.

 

The document you have requested is retained by our client. We will therefore advise them of your request and arrange for the document to be sent to you as soon as possible.

 

Should your request also include the below documents please be advised of the following.

 

Deed of assignment- we would refer you to section 136 of the Law of Property act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the deed itself.

 

Copy statements- there is a charge of £10.00 for this information

 

on reciept of the copy agreement we would expect you to contact this office immediately to arrange settlement of the debt

 

Signed ???????

 

Administration department

[ODC]

Bog Standard response. Wait and see if they can come up with a properly executed valid CCA.

[babybear39]

They have to provide a statement of the account FOC as part of the CCA request The numpties know this

[42man]

What they are saying is correct, you will not see a 'Deed' of assignment between the 2 companies, what you need is a 'notice' of assignment which means the orginal creditor would have written to you saying we have assigned this debt to so and so DCA, and the DCA would/should have written to you saying they are the legal owners of the debt....

 

If they can't provide the Agreement within 12+2 working days you are quite within your rights to stop paying them as a debt without the agreement is unenforceable in a court of law (let alone it having the prescribed terms).....

 

It might even be worth sending the SAR request (and £10 postal order) to the original creditor to see if all the paperwork is in order and that there are some excessive charges that have been added to the account also..(although trying to reclaim them after 6+ years might be difficult)....

[PGH7447]

Clocks ticking - tick tock after the 12 days you can stop payments if you so desire.

[pinkpixie]

Hiya, Just wanted to say good luck with sorting this out with the 1st Credit numpty's. I've been getting phone calls from them for over 2 weeks now. I have refused to speak to them on the phone but they keep on being really rude to my mum when she answers the phone and I'm not in. So much so that yesterday she told them to stop talking to her like a child! LoL! Go mum! They have even called up and the first thing they have said to her is 'can I take the reference number?!' She said, 'who are you?', they replied 1st Credit then started shouting at her about how they MUST speak to me urgently! IDIOTS! Am just typing up the harrasment by phone letter to send and am also going to be sending the CCA letter to them to because as yet I don't even know what debt they are chasing! GOOD LUCK!!!

[gizzymoon]

Hello

Just want to know what I do next as its been over 12 days now and I have not heared anything back from 1st C they have not sent me any documents do I have to write to them and inform them of there default or do I just leave it now.

 

Ta