1st Credit Not Complying With Stat Barred Debt

[notsoevil]

Hello!

You need to contact OFT. The OFT states that you can not keep chasing for debt while a debt is in dispute - which yours obviously is. Write to OFT and CC creditor.

[PSB123]

Hello!

You need to contact OFT. The OFT states that you can not keep chasing for debt while a debt is in dispute - which yours obviously is. Write to OFT and CC creditor.

Will do, thanks. Is it wise to CC creditor???

[PSB123]

and they still persist with phone calls and letters with threats...

[PSB123]

How do I go about finding out the details of 1st Credit's local trading standards office and also my own. Do I need to notify my local TS office or just 1st Credit's?

These cretins are still calling 3 or 4 times a week and their most recent letter from last week has threatened me with a Stat Demand. That will be the fourth:roll: This one I will definetley get set aside.

[Michael Browne]

Surrey Trading Standards here:

How to contact Trading Standards

[PSB123]

Thanks Michael Browne. Who else should I inform and how do I go about it

[Michael Browne]

OFT complaint form here:

The Office of Fair Trading: Debt collection practices

 

Although it's designed mainly for 3rd party agencies there no reason why you can't submit one. The OFT will not investigate individual complaints but can act if they gather sufficient evidence

[PSB123]

Got a letter from 1st Credit this morning offering me a generous settlement. They said that if I settled at a greatly reduced rate that they would remove the debt from my credit file and that would be the end of the matter. It's not on my credit file, not that I can see and that I would imagine is because it's Statute Barred. I would take a guess that they are now clutching at straws seeing as they are not able to prove me wrong as to it being Statute barred?

[PSB123]

I really have to laugh at the last letter I received from 1st Credit. It states that they can offer me a generous settlement figure but they don't say how much. Emphasis is put on me phoning them lol, and they insult my intelligence with a tear off slip at the bottom of the letter giving me three choices:

 

1st choice: Yes, I am prepared to make an offer, my offer is £?

 

2nd choice: I am not prepared to make a full and final offer, I am prepared to make a monthly payment of £?

 

3rd choice: I am not prepared to make a full and final settlement or a monthly payment offer.

 

All 3 choices require a signature....They must think I was born yesterday

 

All these letters and rubbish like this when they still haven't proved to me that the debt isn't statute barred.

Edited August 24, 2008 by PSB123

[babybear39]

If you do not defend an SD, they only have 4 months to go for BR even if they get a judgement by default, which clearly means the SDs were scare tactitcs and an abuse of proccess.

 

If you live in London, the court you need to go to to get an SD set aside is the High Court I think, but it's deffinately one of the central big ones.

 

Report 1st credit to TS and the OFT for breaches of OFT guidlines and the CPUTR 2008.

 

Request 1st crud's complaints procedure and make a formal complaint against them. If, after 8 weeks, they haven't replied to your satisfaction, complain to the FOS who will charge them £450 for the pleasure of investigating your complaint, whether they find for you or not

 

If you do get another SD from 1st crud, go to the right court to get it set aside and if they then withdraw, claim your costs...

 

Send this to 1st crud courtesy of SC:

 

I refer to your letter dated 07 July 2008, the content of which is noted. You state that a payment of £amount was made on (date). A check of my records shows no such payment.

 

In the circumstances, therefore, I require you to provide me with substantive proof of the payment you allege was made, such as that which you would rely upon in Court. You are reminded that as per London Congregation Union Inc v Harriss and Harriss [1988] 1 All ER 15, (CA at 13.3), the burden of proof that the alleged debt is not statute-barred rests entirely with you.

 

Should you fail to respond satisfactorily, I must assume that you have deliberately tried to mislead me, and will make a complaint to the appropriate enforcement authority with a request that they investigate your actions under ss. 5(2)a., 5(3)b., 6(1)a-c, & 7 of the Consumer Protection from Unfair Trading Regulations 2008, with a view to prosecution.

 

I require your response within 7 days.

 

If you do not understand this letter, you should seek professional advice from a real solicitor.

 

Amend to suit, do not sign, send recorded keeping a copy with your postal receipt.

Edited August 24, 2008 by babybear39
missed a bit

[PSB123]

Hi babybear39

 

That was something else I was going to ask, How long was an SD valid for? The ones I got are now over 4 months old but also the information on them was wrong ie. They listed my local county court and not the High Court like they should have done and on one of them instead of listing the court, they asked that I should phone them to find out which court it was.

 

I will on Tuesday be writing to them requesting a copy of their complaints procedure and also reporting them to TS.

[babybear39]

Do not ever call 1st credit

[PSB123]

Do not ever call 1st credit

You must be joking......learned that lesson a long time ago

[babybear39]

Just checking

[PSB123]

Just checking

I am tempted sometimes though...just to hear them rant and rave

[babybear39]

Just make sure if you do you record them 'cos they're fantastic on the phone

[PSB123]

This morning I had delivered by the post man my 4th Statutory Demand by 1st Credit. After all the letters that I have written to them and the debt being in dispute as it is Stat Barred they still write a letter attached to the SD that I have failed to contact them and they see no reason as to why the debt hasn't been paid in full....errr, it's stat barred you morons!!!

 

This outfit really needs taking to the cleaners and struck off.

[babybear39]

You really need to get the SD set aside at your local county court, check they deal with these as not all do. I know you say you've had other SDs from them but they may act on this one and get judgement by default. You cannot ignore it.

 

Download forms 6.4 and 6.5 from here:

 

England and Wales Forms

 

Give as your reason that the debt is stat barred.

 

You can swear the affi. at the court and the staff should be helpful.

 

Make a list of your exspenses, LIP @ £9.25 per hour, research at same rate, stationary, postage, travel, stress etc.

 

Request 1st crud's complaints procedure and make a formal complaint against them, then when they fail to reply to your satisfaction, complain to the FOS who will charge them £450 to investigate.

 

Report 1st crud to Trading Standards and the OFT for breaching OFT guidlines and the CPUTR 2008.

[fiftypence]

Its sound advice from bb39, but PSB123 ignored the last 3 SD's without consequences not sure what makes this one any different from previous ones? Yes they could go down a different route this time but I would doubt it.

 

Just my opinion of course and the safest option is to set aside, that way you can be pretty sure of no follow up.

[babybear39]

Unfortunately, with 1st credit and thier pals connaught, it's a game of roulette which I personally wouldn't play with them. They often issue SDs as a threat and don't follow them through, but sometimes they do.

[fiftypence]

You probably have more experience of these cowboys than me and I bow to your better judgment, I was just expressing my thoughts that I think they are using these as jumped up threats/phishing exercises. I received and SD off CONnought myself which I ignored they then followed up with a bankruptcy threat which appears to have bitten the dust with a a CCA.

[babybear39]

Did they issue BR proceedings?

[fiftypence]

They threatened it with a 'we are in a position to petition for BR' so I sent them a CCA. They replied and said they had closed their file and returned to OC. Only happened recently so we will see what transpires.

[babybear39]

The OC may sell it on. If they do, as it's still in dispute due to non-comp. of CCA with 1st crud, come on here and I'll give you a suitable bog-off letter for the next lot.

[fiftypence]

Thanks bb39. I am hoping they just crawl back under the rock from whence they came. But now I have found this forum I know there is plenty of knowledgeable folk like yourself ready to help.