First Credit / Goldfish HELP!!

[Full&Final]

Hi there,

this is my first post here so any help and advice gratefully received!

I've had "arrangements to pay" in place with both Capital One and Goldfish for the past seven months without any problem at all.

 

After completing new Income & Expenditure Forms for both creditors recently, the arrangements were renewed - with Goldfish for a 12 month period.

 

I telephoned last Monday to make debit card payments to each card in line with my Arrangements to Pay, as usual, and learned that Goldfish have sold a number of accounts to Barclaycard and a number of accounts to First Credit. Unfortunately, mine's been sold to First Credit. I already realise these folk are extremely unpleasant! I phoned the 01737 number quoted by Golodfish and asked if I could make my usual payment of £53.00. "No", came the reply, "you have seven days to pay the full outstanding balance". "I can't - that's why I have an arrangement in place with Goldfish". At which point they again repeated that the full amount was due immediately and I have seven days to consider how to raise the money. I then called the CCCS to seek advice and they said I was perfectly correct to try and keep the existing arrangement in place.

 

 

It gets better....! I phoned First Credit again and offered the same monthly payment at which point the operative put me on hold, spoke to a "manager" and pointed out that they would accept an arrangement, subject to a lump sum payment of 50% of the total amount up front. This equates to £2100 as the total is around £4200. I said I was in no position to pay this lump sum and said - again - that I would honour the arrangement I had with Goldfish and put this in writing as I have been under serious financial strain for the past year or so.

 

Any advice on how to handle this situation from here? Or, even better, how to get these plebs off my back for good? What are people's experience of offering a "Full & Final Settlement" as I'd really like to get this particular monkey off my back!

 

 

Many thanks in advance.

[spamheed]

This is the norm I'm afraid, they sell the accounts and then the debtor has to start all over again.

 

the first thing would be to request the CCA for the account, this will ensure that they prove that they have a legal right to collect on the debt and that they can prove that you are liable.

 

Keep paying the amount that you previously paid goldfish, either by postal order, or by a cheque - ideally from someone elses account, signatures have been known to be copy/pasted onto "new" agreements

 

Don't speak to these "people" on the phone, insist that everything is in writing

 

Full and Final Settlements are fine, as long as you get a satisfactory agreement and that the agreement is made in writing before you part with a penny as it has been known to come to an agreement, only for another lowlife to then buy the remainder of the debt and begin to chase you for it

[PGH7447]

Typical response from the morons at 1st crapit, you are willing to pay and they want it all now. do as Spamheed says and cca the morons

[Full&Final]

Does anyone know what sort of offer would be accepted as Full & Final settlement based on an outstanding amount of £4200? I would borrow this from family at a push just to get rid of these morons.

[PGH7447]

£1, and that is too much for these cretins:D

 

if you do want to settle start low at say 10% and increase in increments of 1% till you reach 25% then stop

[Full&Final]

Many thanks all so far,

 

 

a couple of points : are the references to a CCA letter a request to the DCA to provide a copy of the original Consumer Credit Agreement that I signed when the account was opened? Or should this request be made to the original creditor (Goldfish, Morgan Stanley, Barclaycard or whoever they are/were/will be next week)?

[PGH7447]

send it to the dca

 

golden rule CCa the DCA

SAR the OC

[TheChancellor]

£1, and that is too much for these cretins

 

if you do want to settle start low at say 10% and increase in increments of 1% till you reach 25% then stop

 

Agreed.

 

I wouldn't pay them anything more than you have been doing.

Send your CCA Recorded Delivery & start counting 12+2 days.

 

If you're waiting as long as I have been for Goldfish to produce anything you will need to borrow some fingers & toes to count lol.

 

If by any chance they do produce something then you are still in the same position you are in now & can then make them a low F&F offer.

 

The banks are gagging for any cash income at the moment.

[Full&Final]

Agreed.

 

Send your CCA Recorded Delivery & start counting 12+2 days.

 

 

Is this simply a letter to request a copy of the original CCA I signed with t he credit card company? Or do I need a template letter....?

 

Many thanks and apologies for so many questions!

[spamheed]

without questions we do not learn

 

Look in the templates library - Letter N

 

you are requesting a copy of the agreement that you signed, they are claiming to enforce it, so you want to see exactly what it is they are purporting to be enforcing. if they don't have it, they have no right to be even contacting you

[PGH7447]

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

 

template N

[Full&Final]

the first thing would be to request the CCA for the account, this will ensure that they prove that they have a legal right to collect on the debt and that they can prove that you are liable.

 

Keep paying the amount that you previously paid goldfish, either by postal order, or by a cheque - ideally from someone elses account, signatures have been known to be copy/pasted onto "new" agreements

 

 

Just to clarify, should I keep paying and request the CCA or simply request the CCA first and take it from there? The reason I ask is I'm looking to keep them sweet and stick to the terms I agreed to with Goldfish should the whole thing end up getting nasty, I can refer back to "sticking to the agreement" and "paying what I could"

[spamheed]

if they fail to produce the CCA, then you would be well within your rights to cease making payment to them.

 

Basically, you are saying "if you don't prove it, you can go forth" so pay them until they fail to prove they have a right to collect against the debt.

 

If they do produce the CCA, you will have still been paying in line with the agreement, if not then it's their failure which has made you question the legallity of their actions and cease paying until they have confirmed their status as rightful owners of the debt

[Full&Final]

HI All,

 

sent CCA letter to 1st Credit today and, under separate cover, a postal order for my monthly agreed amount. I gather they have 12 + 2 days to respond. I've had this credit card since about 1999-2000 ; does this have any relevance as to the likelihood of an enforceable CCA being produced?

 

Should I SAR the OC to establish the level of penalty charges levied and try to dispute the outstanding amount?

 

Many thanks

[TheChancellor]

HI All,

 

sent CCA letter to 1st Credit today and, under separate cover, a postal order for my monthly agreed amount. I gather they have 12 + 2 days to respond. I've had this credit card since about 1999-2000 ; does this have any relevance as to the likelihood of an enforceable CCA being produced?

 

Should I S.A.R - (Subject Access Request) the OC to establish the level of penalty charges levied and try to dispute the outstanding amount?

 

Many thanks

 

HI FF

 

Glad you are using P/O to avoid giving signature & I wouldn't let them have your debit card details either (just in case they fancy a self-service;)).

 

If the card is that old I would think you have a good chance of seeing.............nothing.Hopefully that will be the last of the payments till they comply.

 

Can't help re:SAR haven't got that advanced yet lol.

[spamheed]

You can SAR the OC, but for now I'd wait to see what the DCA comes up with. If they are able to provide an enforceable CCA, then you've saved yourself £10, if they can't provide the CCA then it would be £10 well spent to prove that the CCA doesn't exist

[tedroy]

Hi there

I am new to this forum and am in exactly the same position as you - my '7 days' to find the full amount is up and they rang me on monday with the usual threatening behaviour saying they can make me sell my house, put a charging order on etc etc which really upset me as i have 2 small children. So I asked for the CCA and they said i had admitted to the debt already and they would commence legal action immediately and slammed the phone down. Yesterday I fired off the CCA letter recorded delivery with £1 so we'll see what happens. I rang the CCCS and got quite upset but they were lovely and are giving the same advice as you guys. I've had a few sleepless nights but now I say bring it on because they are cretins - incidentally - i went on their website and they say they are leaders in debt collection and try to come to sensible agreements which is a load of bull, and then i looked at 'carreers' and they get commission. no wonder they are so abusive. I'll keep my eye on the thread and let you know what happens! thanks for all the advice and template letters so far X

[spamheed]

Tedroy I would suggest you start your own thread so that you can be advised on the specifics of your case, you've already learned a few valuable lessons, don't phone them, it's a complete waste of time, they threaten and cajole because they get commission on anything they can bring in, hence the "you need to pay us now" conversations. keep communications in writing and retain everything - including the envelopes, and sign nothing at all.

 

if you get a reply from them, post it on your thread and we'll see what happens from there

[TheChancellor]

Hi there

I am new to this forum and am in exactly the same position as you - my '7 days' to find the full amount is up and they rang me on monday with the usual threatening behaviour saying they can make me sell my house, put a charging order on etc etc which really upset me as i have 2 small children. So I asked for the CCA and they said i had admitted to the debt already and they would commence legal action immediately and slammed the phone down. Yesterday I fired off the CCA letter recorded delivery with £1 so we'll see what happens. I rang the CCCS and got quite upset but they were lovely and are giving the same advice as you guys. I've had a few sleepless nights but now I say bring it on because they are cretins - incidentally - i went on their website and they say they are leaders in debt collection and try to come to sensible agreements which is a load of bull, and then i looked at 'carreers' and they get commission. no wonder they are so abusive. I'll keep my eye on the thread and let you know what happens! thanks for all the advice and template letters so far X

 

Hi TR

 

Nice to see you have found your way here.

 

If you start your own thread we can keep an eye on your progress & you will get specific advice.

 

You've done the first part (CCA request - hope it went recorded & unsigned?).

 

Now stop talking to them on the phone!!! Get everything in writing.

[TheChancellor]

Sorry SH - slow Broadband here lol.

[tedroy]

Thank you everyone! I sent a postal order and recorded delivery - all unsigned of course after your advices. I will start a thread and keep you updated. Many thanks, tedroy

[babybear39]

Subscribing...

[tedroy]

i am really struggling to start a new thread - I am new to this, please can anyone advise?!!

[Full&Final]

Sorry to resurrect this old thread but I am need of further advice. After sending my CCA letter, 1st Credit replied stating "the document you have requested is retained by our client" on the nth October 2008. Since then, I have had no correspondence with 1st Credit at all. No phone calls, no letters, nothing.

 

Can I safely assume that they have no CCA and are leaving me alone?

 

The sign off line of the letter states "on receipt of the copy agreement we would expect you to contact this office immediately to arrange settlement of the debt". It seems unlikely that they can obtain this as the credit card was taken out at least 8 years ago.

 

Does anyone have experience with this kind of delay in a valid CCA being produced? If so, what is the usual outcome?

 

Many thanks

[mr.ton]

These "delays" are standard practice amongst DCA's

Fact is the fools bought up an unenforcable debt & have simply sent you their standard "we expect payment when you do receive it" letter...ignore the muppets at worst crud, they are sinking faster than the Titanic on a cold icy night in the Atlantic.

If anything ever does show up..post it up here for us all to chew over for you