1st credit say 7 days in full or solicitrs and cout

[mykeie]

Hi. I need some help as i am in trouble with 1st credit who have taken a debt on for "Vanquis", a credit card i had from them. i am in debt for £1214. i first set up a monthly payment with vanquis for £70 when i got into trouble. i got pressured into this high payment but could not keep up the payment as i am in financial trouble with a few credit companies and now dont know where to turn. i did a S.A.R to vanquis and on monday this week they have said they will pay me £356 fees back for charges on my account with them so i assume that this will come off the £1214 amount i owe them? also on monday i had a letter from 1st credit saying LEGAL PROCEEDINGS for the sum of £1214 so i rang them to offer a monthly payment. the lady i spoke to just kept shooting questions at me but when i stopped her from asking lots of questions about me she then said you have 7 days to pay in full if not then the solicitors where going to be dealing with this.

i dont know what to do next or how to deal with this and affraid bailiffs be knocking at my door.

please any help will be greastfull

thanks mykeie

[PGH7447]

First never speak to these cretins on the phone

 

secondly if you are dealing direct with the OC, send 1st crapit a letter stating this fact and that until you hear otherwise you will continue to deal with the OC

 

if the OC is offering to return the fees they will take this off the balance due, then try and come to some arrangement with the OC to pay the remainder off in managable installements but ensure you get the charges and interest frozen.

 

if the OC does not want to play and insists that you deal with 1st crapit, send thema CCA request to prove that a lawful agreement exists.

[Pinky69]

Did you get a Notice of Assignment from Vanquis saying the debt had been assigned to 1st Credit? If not, 1st Credit have no right to ask you for any payment whatsoever. Have you requested a copy of your agreement to check if there is one and it is in order? Golden rule - never speak to 1st Credit on the phone - they will just bully you into payment, as you have discovered. Insist that everything is in writing.

[42man]

1st Credit AGAIN being totally unreasonable....send off the CCA in the first instance....with a £1 postal order, by recorded delivery and do not hand sign it...

[reallymadwoman]

Hi, I see you've been a member of the forum for some time, so you've probably already had a good read around. If you haven't, do a search for Vanquis and/or 1st Credit, and you will see that these threats are pretty standard and there is plenty that you can do about it.

 

First, DO NOT speak to them on the phone again - it's really difficult for them to bully and frighten you if you don't (which is of course why they always phone). If they phone you, refuse to answer their security questions and hang up, or don't answer the phone at all.

 

Second, bailiffs will only come out IF they take you to court and IF they win and IF you don't keep up whatever payments the judge orders, which will be a sum you can afford to pay, so the chances of that happening are pretty slim.

 

Third, if you haven't already done so, have a read of these threads:-

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/120603-how-get-out-debt.html

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/73030-taking-back-control-your.html

 

If you want to ask for a copy of your original agreement, it's letter N here:- http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

When you've had a read around, come back with any questions and we'll start from there.

 

Sorry for all the repetitions - seems we all posted at once!

[palomino]

Take it easy. You've been a member for a while so you know that anything a DCA says over the phone is worthless. They are just trying to pressurise you into paying up something you can't afford.

All the same it is easy for us to say this as we're not the ones being hassled.

 

You have received one letter from 1st Credit. I would reply firstly that the debt is wrong as Vanquis have refunded some fees and secondly making a formal request for a copy of your credit agreement under the provisions of the Consumer Credit Act 1974.

 

They might continue with the threatening letters but they won't actually do anything for the moment - especially if a request for the credit agreement is outstanding.

 

PS. Have Vanquis told you about the fee refund in writing?

[mykeie]

first of all thanks for your time and fast responce to help people. i have just come off the phone to vanquis they were very helpfull. they said that they put a defaul on my account i march and that means they can refer my account ? i told them that 1st credit now had my debt and are not letting me make a monthly payment offer. the lady at vanquis spoke to her collections department and this is what they came up with - Vanquis will speek to 1st credit and ask them to put a hold on further action and that i should send a letter to Vanquis offering an amount to pay monthly and then wait to see if that is acceptable to 1st credit ?

should i follow this advice?

[42man]

Yes....pay them what you can afford....

[PGH7447]

I would still CCA 1st Crapit

[mykeie]

i am going to cca 1st credit like you say just to be on the safe side just in case my monthly offer is turned down. i have looked for the cca template but cant find it sorry can you help

 

thanks mykeie

[mykeie]

hi just spoken to Vanquis and they have told me that they have spoken to 1st credit to put any further actions on hold for 2 weeks so i can submit a monthly amount payment offer. they tell me that this is now on hold for 2 weeks and im sending that offer now through the post.

[reallymadwoman]

See post 5 above for the link to the CCA letter.

[palomino]

mykeie, you're doing well ... keep it up!

[babybear39]

Report 1st crud to yours and Reigate's Trading Standards and the OFT for breaching OFT guidlines:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

They're also in breach of the CPUTR 2008, make this clear to yours and thier TS departments.

 

Request 1st crud's complaints procedure and make a formal complaint. If this isn't resolved within 8 weeks, you can complain to the FOS who will charge them £450 for the pleasure of investigating them.

 

Request vanqis' complaints procedure also and do the same with them.

 

CCA 1st crud to establish thier legal right to collect the alledged debt.

[mykeie]

hi there just an update on this 1st credit situation. i posted a CCA request on the 8th of september they got the letter on the 10th today i had a reply from them and it reads

 

lst credit

PO Box 278

Reigate

RH27WB

0870 164 2048

[email protected]

Mon - Fri Sam - 8.30pm

Sat - Sun 9am - 5.30pm

Text CREDIT & your 1st Credit Ref

No. to xxxx & we will call you back.

Dear Sir / Madam

11 September 2008

Client: VANQUIS BANK

Relating to Account Number: xxxxxxxxxxxxxxx

Balance Outstanding: £1,214.14

Our Ref: xxxxxxxx

REQUEST FOR COPY AGREEMENT

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 receipt of the copy agreement we would expect you to contact this office immediately to arrange

settlement of the debt.

Please call this office should you wish to discuss this matter.

Yours faithfully

ADMINISTRATION DEPARTMENT

All calls may be monitored or recorded for training and audit purposes

1st Credit Limited is Registered in England and Wales. Registered Office: Hill House, 1 Little New Street, London EC4A 3TR

can you please help me with this letter as i think they are trying to blind me with waffle?and please can you guid me on where i go from here?

thanks mykeie

[42man]

They won't provide you with a 'deed' of assignment as that is a confidential piece of 'paper' between the original creditor and 1st Credit....do you mean notice of assignment ?...as you should have received one from the original creditor stating they have sold the rights and duties to 1st Credit and you should have received one from 1st Credit saying they have purchased the debt.....

 

As it stands they are now in default of your request for your agreement...see what they provide and keep us posted....

[mykeie]

i have put the letter on as it read ? dont understand about the deed of bit. sorry. not had a letter from Vanquis saying 1st credit have now got the debt?i spoke to a lady from Vaquis and she said a default had been issued and they could pass the debt onto 1st credit ?

[Pinky69]

Yes, they can pass it on (assign) it but they are supposed to write to you and tell you they have done so or you have no proof that 1st Credit has any right to collect the debt. As for statements, they don't cost anything as part of a CCA request. Under the CCA 1974 they have to send you a statement telling you how much you have paid and how much is outstanding together with a copy of any other document mentioned in the agreement. They have put it on hold for now so wait to see what they come up with then insist on a statement - if they don't send you one they are in breach of the Act.

[mykeie]

ok thaks for that. i will post as soon as i hear from 1st credit. just a bit worried about the payment in full bit in the letter?

[babybear39]

Report them to TS and the OFT for demanding payment in full whilst your CCA request is oustanding:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

g. failing to refer on to the creditor reasonable offers to pay by instalments

h. not passing on payments received within a reasonable time resulting in

delays that adversely affect a debtor's financial position.

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

j. requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

[ODC]

Worst Credit are full of Mad Dogs *hite. They start off immediately with the threats and that leaves them no way to back down. Their threats like the heads of their managers and employees are empty.

 

I really shouldn't complain about Uncle Bob and the Reigate Renegades as they have done more than any DCA to send new members to CAG

[babybear39]

Wonder what tit bits we'll get from Reigate this weekend

[mr.ton]

Have no worries about 1st crud....they will act all tough in their letters but wont actually do anything

[ScarletPimpernel]

Mad Dog

 

 

I really shouldn't complain about Uncle Bob

 

Surely 'Brigadier' Bob?

[ODC]

Wonder what tit bits we'll get from Reigate this weekend

 

Probably a bit more about Jason's Drunkeness:)