Sleepless Nights v 1st Credit

[Sleepless Nights]

Hi Guys

 

I am new to this forum only yesterday, but amazed at the advice & help given to people who seem to be in the same situation as me (some better,some worse)

 

I had a loan from a couple of years ago that I was paying monthly until my job situation changed almost a year ago & my earnings are a fair bit less, so was unable to make payments. The creditor eventually 'DEFAULTED' me then received a letter from them a few months ago saying they had ASSIGNED my account across to 1st Credit & any correspondence & payments should be made to 1st Credit.

 

Afew days after this I received a letter from 1st Credit wanting FULL PAYMENT within a couple of weeks. I phoned them up & gave them details of what my mortgage was & earnings etc & informed them that I couldn't make the payment (£5k). I had contacted a debt solution company & had sent them an income & expenditure report & had agreed to make a monthly payment that I could afford .I have a few creditors who I am doing this with who have all received my I & E report (including 1st Credit)

 

I have spoken to them on the phone a couple of times & the call normally starts off with them wanting FULL PAYMENT but when I plead with them that I cannot do this they then say they can accept a LESSER payment which is still way too much & I inform them that I am sure that I cannot do this but they give me 7 days to try to raise the money

 

I have just returned from a visit to my parents & been working away to find they have sent me a STATUTARY DEMAND letter looking at bankrupcy proceedings etc

 

My wife doesn't know about this debt & we have a small child

 

I don't dispute I owe the money to my ORIGINAL creditor, but would do I do from here

 

HELP

Edited August 31, 2008 by Sleepless Nights

[2Grumpy]

How was the SD delivered?

 

Who is the original creditor.

 

You have 18 days to do a set-aside on the SD.

 

Send a CCA request to 1st Credit special delivery on Monday morning. They will have 12 working days after receiving it to send you the agreement.

 

It's unlikely that they will manage to get the agreement in time, so as soon as the 12 days are up you can go to the courts for a set-aside - there's lots of threads on how to do that - on the basis that they haven't supplied the CCA there fore there's no debt.

 

You might want to do a SAR to the OC to see if there are any unlawful charges added to the loan as well

 

It won't be the end; 1st credit might eventually find an enforceable CCA - check it out here first - then you should make payment proposals.

You should do that if 1st Credit find an enforceable CCA before the set-aside.

[2Grumpy]

Don't talk to them on the phone any more. You obviously aren't going to resolve it that way. They will just bully you and make you feel bad!

[Sleepless Nights]

Hi Grumpy

 

Thanks for getting back to me

 

It was delivered by post (didn't check if 1st or 2nd class) with a please send back to them if undelivered stamp on the back

 

Original is with Ci Fi

 

So should I send the CCA first before even thinking about the set aside & what happens if they do sent it to me in the time scale & what happens if they don't, its very confusing

 

Also when I send the CCA letter should I say I don't recognise the debt with them or with C F

 

As far as I am aware they are accepting payments from my DMC

 

Thanks

[creditcardmug]

Hi Grumpy

 

Thanks for getting back to me

 

It was delivered by post (didn't check if 1st or 2nd class) with a please send back to them if undelivered stamp on the back

 

Original is with Ci Fi

 

So should I send the CCA first before even thinking about the set aside & what happens if they do sent it to me in the time scale & what happens if they don't, its very confusing

 

Also when I send the CCA letter should I say I don't recognise the debt with them or with C F

 

I know it sounds contradictory at first, but what you would disputing is the enforcabilty of the agreement, not the existance of a debt, so you can put i do not acknowlege any debt to your company.

 

You need to send the CCA request straightaway, because this will be one of the grounds for the set-aside, i you havent asked for it you cant say its in dispute.

 

Was it a citi credit card? how old is the card account?

[Sleepless Nights]

Hi creditcard

 

Thanks for your help, it was a loan with them

 

I got a letter from them a few months ago to say they had ASSIGNED this to 1st Credit (what does this mean??)

 

How long have they got to respond & what do I do if they supply me with the original signed agreement?

[creditcardmug]

Assigned means its probably been sold to 1st, there are two types of assignment absolute and equitable, have a look at their letter to if you can tell which one it is.

It has to be absolute for 1st to be able to sue you on their own, i.e. without citis involvement.

 

They have 14 days to respond, if they supply the agreement post it up here (removing personal details) so others can look at it and give you an idea if its enforcable.

[miss muppet]

Hi Sleepless Nights,

 

Have a look at Gary H V 1st Credit thread, you must download the affadavit forms from the internet and then ask at your local court whether you can go in there to get them sworn or whether you have to go to another court. Don't do what we did, not get a copy of the sworn affadavit as this could matter in court later, most courts charge about £5. for this. DO NOT believe1st Crud's lies, we had classic ones i.e. we have instructed our solicitors to withdraw the SD and the OC has repurchased the debt. Get your defence ready as soon as you have a hearing date, there is some excellent info by Tomterm as a sticky on the General Debt forum.

 

I must admit my daughter and I weren't ready first time around at the first hearing but we won at the second hearing last week and the Judge has ordered 1st Crud to pay £257. Have a look at my thread as well.

 

Don't forget when sending the CCA, don't sign and send a postal order for the £1.

[babybear39]

Assigned means they've sold the right to collect to 1st credit. 1st credit have 12 + 2 working days to respond to your CCA request, so make sure you send it tomorrow.

 

Here's a good one from ODC:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice

 

Amend to suit, DO NOT SIGN IT, print your name, use a £1 postal order for the fee keeping a copy of the serial number to see if they've cashed it, send recorded keeping a copy of your letter with the postal receipt.

 

What date did you receive the SD? Is citi named on the SD? Are there likely to be charges on the account?

 

You need to get everything ready for the SD to be set aside ASAP. Download forms 6.4 and 6.5 from here:

 

England and Wales Forms

 

SAR the original creditor using letter M here:

 

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

 

Head it with I DO NOT ACKNOWLEGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT, send in the same way as the CCA letter, ie. postal order etc...

 

If you think there may be charges on the account one of the reasons to get the SD set aside is that you dispute the amount, and of course, as has been already mentioned you'll be waiting for the CCA as well.

 

Good luck and best wishes...

Edited August 31, 2008 by babybear39
forgot something

[creditcardmug]

Have a read here for more on stat demands,

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

[surprise]

Also, 1st Credit usually send out the letter of assignments but on copied letterheads from the companies they have bought the debt off. They are dealing with my Citicard and the letter of assigment, although on Ciit letterhead was sent from their office. Two days later had a letter from 1st Credit asking for the money (same envelopes).

 

Beware of their tricks.

[babybear39]

We are aware and debating it on this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/150362-dcas-using-their-clients.html

[palomino]

SleeplesNights, what has happened to you has already happened to a number of other members. Have a good look around here and see what others have done.

 

Unfortunately I don't have the time right this instant to write it all up for you but I will be back tomorrow.

[Sleepless Nights]

Hi Guys

 

Thanks for all your advice I shall send the CCA away tomorrow

 

BabyBear you asked about the SD letter from 1st Credit, here are some things which are on it

 

You asked when I received it, it was written on & received last week , but cannot remember if 1st or 2nd class & they had their name & address stamp on the back with please return if undelivered

 

They do mention Citi on it, they have asked me to acknowledge I have received the SD (should I do this & how?)

 

There will probably be charges on but I am not sure

 

The SD letter has a name on it & sais he is authorised to make the demand on the creditors behalf (who is the creditor now?)

 

The letter states I have 18 days to apply to have this demand set aside from its service to me (which date would this be if I acknowledge it)

 

Who do i need to contact to have the demand set aside (1st Credit or the court) they say in their letter that to find out which court I need to apply to OR if I BELIEVE I have grounds to set aside the demand & would like more information I should CALL THEM

 

tHEY HAVE SENT ME FORM 6.1 sTATUTARY dEMAND UNDER SECTION 68 (1) (a)of the Insolvency act 1986. Debt for Liquidated SumPayable Immediately (rule 6.1)

 

Their letter does seem to be correct (but what do I know), sorry to waffle on guys but I am really worried about this

[creditcardmug]

I think if you type 1st credit into the search you will find all the anwers, a lot of people on here have had sds from 1st in the last few months, its not happened to me (yet) thats why i dont want to try to advise

[Sleepless Nights]

Thanks creditcard

 

I have read quite a few of the other threads & some cheer me & some depress me

 

I shall send my CCA tomorrow, I just wonder if I should apply for the set aside now (which may mean phoning 1st Credit) or waiting for the CCA to arrive

[babybear39]

Citi is named on the SD as the assignment is equitable which means they cannot act legally against you without citi's authority.

 

Follow my instructions in post #9.

 

Deal with the court only. Your local county court but check they deal with bankrupcty.

 

S.A.R - (Subject Access Request) citi for the charges and put this as one issue in ther SD set aside that you're diputing the total amount claimed.

[Sleepless Nights]

Hi babybear

 

Thanks, how do you know the assignment is equitable (please forgive if I am sounding thick)

 

Which parts of post #9 do I need

 

Should I contact my local county court straight away?ed since citi assigned this to 1st credit, does this make any difference for the SAR or am I likely to **** citi off?

 

I am not sure if any additional charges have been add

[babybear39]

All of post #9.

 

1st credit would issue in thier own right if they owned the debt (absolute assignment).

 

You can S.A.R - (Subject Access Request) citi at any time, it's your legal right.

Edited August 31, 2008 by babybear39
added something

[Sleepless Nights]

Do I need to do this now or should I waiy for 1st Credit to reply to my CCA

[babybear39]

Depends what date you received the SD.

[Sleepless Nights]

In The Last Few Days

[babybear39]

Well get everything prepared, work out 18 + 5 days since the SD was recieved, that's you deadline to get it set aside. Send your CCA tomorrow Special delivery and you still have time to wait the 12 + 2 for the CCA. If it doesn't arrive, use that as a reason for set aside too.

[Sleepless Nights]

Thanks babybear

 

Should I contact 1st Credit to acknowledge receipt of SD or not & will that buy me anymore time if I don't

[babybear39]

You do everything via the court now.