1st credit ltd threat about aqua card debt

[jimmysoup]

hello to every one, glad i found this site.

i received a letter from the above regarding a bill for £459.28 which i owe to aqua mastercard. i phoned up tonight and have never been so insulted in my life, i offered £10 a month and was told that it was too late for any negotiating. all i was told that 1) they would let me pay £345 or 2) i was going to be taken to court?

 

has anyone got some sound advice on what i can do? as i cant afford to pay the amount they are wanting.

 

thanks again great site

 

rab

[Switch]

Firstly, do not phone them again or accept calls from them, make sure everything is in writing and sent by Recorded Delivery.

 

I would suggest sending them the CCA letter, you will find this in the templates section. The odds are that they will not have a Credit Agreement for the alleged debt that they are chasing you for.

 

If and when you write to them do not use the PO Box address as you will not get a signature for your letter. I do not have the full postal address right now but I will post later.

 

Hope this helps.

[westendwendy]

The address for 1st Credit is:

The Omnibus Building

Lesbourne Road,

Reigate

Surrey

RH2 7JP

 

I'm fairly new here but I'm also dealing with 1st Credit for something similar.

I was advised to send them letter 'N' from the templates section along with a £1.00 postal order, don't sign the letter and send it recorded delivery.

 

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

[Sleepless Nights]

Hi Juimmy

 

Good luck with these lot, they are a right bunch

 

Are you in a debt management plan & if so is your Aqua account part of it. If so get your debt management company to send them an Income & Expendiyure form with an offer of a monthly payment that YOU CAN AFFORD

 

Do as Switch says, request a cca (there are template letters for this which I am sure others can post for you to use)

 

What you must remember is DO NOT SIGN THE LETTER just print your name

 

Your debt is under £750 so I don't believe they can bankrupt you (though they may try to scare you in their letters)

 

Do not panic, I did when I first had contact with them but you will get very good advice on here

[Dorabell]

1st credit limited limited

the omnibus building

lesbourne road

reigate

RH 27 JP

by registered post i hope it helps

Edited October 2, 2008 by marjie06
wrong spelling

[jimmysoup]

thanks to all your replys, after i post away the template N what will happen next?

 

thanks again

[Having_A_Knightmare]

Just wait and see what they send back.

 

Dont worry about these idiots nothing but scary threats.

 

HAK

[alanalana]

Hello all,

 

just following this thread and the postcode does not seem to match the FSA register, so I did a Royal Mail search and it appears the address and postcode for this lot is:

 

1st Credit

The Omnibus Building

Lesbourne Road

REIGATE

RH2 7LD

 

I am still not sure if they are regulated by the FSA as a search turns up zilch

 

aa

[creditcardmug]

thanks to all your replys, after i post away the template N what will happen next?

 

thanks again

 

They have 14 days to reply with a valid agreement, if not send them the account in dispute letter, and ignore them until they comply.

[jimmysoup]

regarding my on-going problem, i received a letter from a firm of solicitors by the name of LCS Solicitors. the letter says that unless full payment is made within 14 days then they will start legal proceedings against me in a county court.any ideas on what to do next?

 

thanks

 

jimmysoup

[berrylover]

What date did you send your letter to 1st Credit?

[42man]

Send this by recorded delivery to LCS...

 

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 (date - 12+2 working days from date of sending CCA request) 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 defaults committed by HSBC under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first if I were you !!!)

[jimmysoup]

a week ago today.

 

thanks

[berrylover]

Send this by recorded delivery to LCS...

 

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 (date - 12+2 working days from date of sending CCA request) 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 defaults committed by HSBC under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first if I were you !!!)

 

 

 

That is rather more polite than the approach you usually use.

[jimmysoup]

this is an update from yesterday.

i received a letter from 1st credit stating that " the document you requested is retained by our client and we will therefore advise them of your request and arrange for the document to be sent to you as soon as possible"

 

should you also request the following there is a charge of £10, a Deed of Assignment.

 

what next please?

 

thanks

 

jimmysoup

[postggj]

i dont know what 1st crud are talking about

you should have been sent by the original creditor a notice of assignment from the original creditor.

 

the deed of asignment shows how much a dca pays for the debt,

no way on this planet will they show that unless its in court.

 

may i ask how old the account is.

 

i had an aqua card years ago which was defaulted. after a six month battle with hbos, i had it removed as no cca from hbos

[jimmysoup]

thanks for the reply

 

i have had this account for about 3 years it was also an aqua card. i stopped paying it around about 8 moths ago due to financial difficulties.

 

thanks

 

jimmysoup

[postggj]

2005

same as me

 

good luck on your cca request

[jimmysoup]

hi all again

 

just an update to say that i have never heard a thing since my last post back in the middle of october !!! what shall i do next folks?

 

thanks again

[baileyboy]

Just sit tight and see what they come up with next.

[postggj]

me thinks its the same as in my case with aqua

no agreement

both 2005

 

i would let sleeping dogs lie

dont be surprised if another dca contact you 6 months down the line or even barmy, orrible and stupid

 

for the moment chill

[jimmysoup]

thanks to all who have replied. an update today : i received a letter from a firm named " clarity" saying that they have been instructed by aqua to make arrangements. the choices are

 

1} reduced settlement of £344.46 from £459.28

 

2} a payment plan

 

any ideas what to do folks?

 

thanks

[sillygirl1]

There is a 'bemused' letter in the templates you can send, and don't forget to send a letter to Trading Standards and the OFT stating that you sent a CCA request which was not honoured and the debt has now been passed to another company - against the OFT guidelines on debt collection.

 

Somebody will be along with the correct letter shortly.

[ODC]

Here you go. Worst Credit should not have passed the ALLEGED debt on whilst in legal default of your CCA request. Report them to the OFT and TS and send this letter to the New DCA Clarity

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[babybear39]

Subscribing...

 

Please report them (1st crud) to the OFT as they are under their microscope at the mo

Edited April 18, 2009 by babybear39
added something