1st Credit - not sure what to do

[42man]

Dispute the debt totally due to the non production of a Consumer Credit Agreement.

 

And send LCS this letter by recorded delivery....

 

Dear Sirs

 

I refer to your letter of XXXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until XXXX 2008 to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by 1st Credit under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

[dasher60]

Thanks 42Man. letter in the post to 1st Credit!! Also applying to have the SD set aside!

[dasher60]

Also just noticed that they've used the £1 postal order to reduce the debt by £1!! - seem to remember reading somewhere that this is illegal?

[babybear39]

Are there likely to be charges on he account? If so, use this as a reason for the SD to be set aside as well.

[dasher60]

Is it worth putting in that we've tried to reach an agreed payment plan with 1st Credit but they will not agree to affordable instalments, in breach of OFT guidelines?

[dasher60]

well, applied for the SD to be set aside, OH went to Court and swore the affadavit couple of days ago. Received the application with a hearing date on it in this morning's post, which presumably means that the Judge believes that the affadavit contains sufficient grounds for the application to set aside to be heard?

[babybear39]

I would presume so, though I'm no expert. Make sure you get your costs sheet ready. Litigant in person @£9.25 per hour, research @ same rate X approx. 20 hours, postage, stationary, calls, travel, etc.

[42man]

OK....this is an excellent chance for you to claim your costs....the debt is disputed, they have not produced any agreement, they will either NOT turn up, or they will write to you saying they have withdrawn requesting no order for costs...

 

May I ask what you put in your stat demand set aside ?

[dasher60]

We put in about 1st Credit not producing a CCA, now in default, but pursuing the claim even though debt in dispute. Also included about them trying to get us to remortgage and borrow from friends and family, contrarty to OFT guidelines, and refusing to consider a reasonable and affordable payment plan, again against OFT guidelines, also that demand was served by post in full knowledge that the debt is disputed. At least it wasn't booted out by the Judge at 1st instance!!

[42man]

EXCELLENT work Dasher....it MAY be the case that the judge will go ahead to make an example of 1st Credit....just be up to date with your case law also....call the judge 'sir' too...

 

Also on the rare chance that an opposing solicitor turns up....they will want to speak to you, don't admit anything, but do say that you will discontinue if they pay your costs.....

[dasher60]

Just a quick thought - will the court have sent 1st Credit details of the hearing date, the same way they sent them to us?

[42man]

Yes the court will have......

 

Have a read here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

[42man]

Not sure if you'd read this thread here...useful piece written about costs / indemnity award...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit-6.html

[dasher60]

Well, well , well. Received a letter today from LCS saying that 1st Credit are prepared to withdraw the SD and not pursue bankruptcy if we withdraw the set aside application and pay the monthly payments we offered to pay over 6 months ago!! Letter received today, hearing date is on Friday (24th). Not sure what to do now!!

[blipvert]

Well, well , well. Received a letter today from LCS saying that 1st Credit are prepared to withdraw the SD and not pursue bankruptcy if we withdraw the set aside application and pay the monthly payments we offered to pay over 6 months ago!! Letter received today, hearing date is on Friday (24th). Not sure what to do now!!

 

They like playing their psychological games don't they. This is rather similar to an intense police interview where the interviewee has the pressure cranked up against him. In the end, the interviewee will 'confess', just to 'get the hell out of it'. No different here except its not a confession, just an agreement you'll accept the situation (on their terms) and you're a 'free man'.

Meanwhile, they've got away with it.

[Duffers Mum]

Dasher I had the same letter from LCS, i've ignored it and am carrying on with my application to set aside, off to court tomorrow to apply for costs as well.

 

The advice I've received from the good folk of this site is that even though they have sent you that letter doesn't mean they have sent one to the court, so be careful, check with the court to see if they have received the same correspondence, then its up to you to decide whether to pull out or carry on.

 

Good luck and keep us posted

[dasher60]

Well, it's been a while since i last posted on this subject about the lovely 1stCrud. This morning, we received a short, undated letter from them enclosing not one, but two versions of what they call a 'true copy' of the agreement, even though their letter only referred to the agreement in the singular. Both are quite clearly produced from a word processor, neither have signatures or any place for them, the first one has a date on it of either 2003 or 2004 - depending on which page you're looking at, the other has a date of 2008 - odd that they couldn't find that one when I first asked.....in 2008!!. Interestingly, the 2004 one refers to me as a debtor and the original institution as a Creditor, whereas the later one has the 'this agreement is between us....blah blah blah stuff at the start. I'm going to check my file, but I'm 99.999999 recurring % certain that both of these are c**p, and that the original agreement was different and dated even earlier than that. Question is, what to do next. I'm aware from other posts that they will say they've discharged their obligation (2 years late) and that they don't have to supply a copy of the actual signed agreement - which I strongly suspect they don't have. They've also asked me for proposals to settle the debt, and to inform them if I claim that I didn't sign this agreement (which one???!?!). I suspected that this one hadn't gone away, but it's interesting that they've sent me a copy of an agreement apparently signed in 2008, when I already had the account and was on a payment arrangement with the original company due to financial difficulties!!!!

[dasher60]

.....also amuses me that 1stC are now putting the 'member of the CSA' logo on their letterhead. Wonder if they really are......if they are they've breached most of the code of conduct over the last couple of years on my case alone!!!

[babybear39]

They are a member of the CSA Report them to TS, the OFT and the CSA

[Duffers Mum]

Dasher - hmmmmm.. I haven't heard from 1st Cretins since my set aside hearing (in the above mentioned post). I got the SD set aside and costs awarded and 1st cretins paid up, they've not updated my credit file since, will be interesting to see whether, in these days of reconstructed agreements, they suddenly contact me with some made up rubbish.

 

Definately report them! Good luck