1st Credit/Halifax start of grief I think.

[deepdebt]

Hi Everybody,

 

My first thread after 5 hrs of reading others I'm a bit confused so here goes and I hope there is someone who would spare so time to help.

 

My wife had 2 credit card accounts with the Halifax, one was Ms the other was Mrs, both about 8-10 years old. She couldn't pay the montly amounts and wrote to the Halifax 4 years ago, they asked Blair, Oliver & Scott to collect a agreed nominal monthly payment and for all this time she has not missed a payment. A few weeks ago 'Graham; from 1st crapit called with a huge list of agro, just about the same as everyone's else's experiences.

 

Now call us stupid but we sent the same nominal payment to 1st crapit, yes again we were stupid as it was a personal cheque signed which they duly cashed. Now we are just about to go and see a legal rep at our local cab to sort out a budget statement but I read with disbelief that 1st crapit ignores a cab statment and still continues along the lines of court action etc etc Lean/charge on our house etc.

 

So what should we do, keep sending nominal payments each month or stop and ask for a CCA and letter of Assignment or is it too late for all this. The 2 cards total 15k+ Sorry for waffle Thanks.

[deepdebt]

I think I should add we are both out of work with a who's who of credit card debts totalling about 55k. Most of which have run on nominal payments for years but a few recent changes with DCA's are starting to worry us. 1st Credit/ex Halifax, Mercer/Barlcaycard & me with Blair, Oliver and Scott. So sitting hear waiting for any nasty's in tomorrows post bag.

[Von Greenbach]

So what should we do, keep sending nominal payments each month or stop and ask for a CCA

Firstly send of for your CCA but keep sending nominal payments.

 

Your CCA request should be compled within 12+2 days, on day 15 you have the legal right to stop payment if they have not complied with your request.

 

Once you've obtained your CCA post up here removing personal details for validation only then will you be able to plan a route ahead.

[rory32]

So what should we do, keep sending nominal payments each month or stop and ask for a CCA and letter of Assignment or is it too late for all this.

I would definitely send the CCA request. Remember to send it recorded delivery with a one pound postal order and do not sign the letter. Don't lose any sleep over having previously sent them a cheque - it shouldn't be a problem.

 

As these cards are 8-10 years old it's unlikely that Halifax will have an enforceable copy. If they don't or can't produce it 1st Credit may huff and puff a bit but they will be very aware that if any legal action they take is defended they will lose.

 

I think I should add we are both out of work with a who's who of credit card debts totalling about 55k. Most of which have run on nominal payments for years but a few recent changes with DCA's are starting to worry us. 1st Credit/ex Halifax, Mercer/Barlcaycard & me with Blair, Oliver and Scott. So sitting hear waiting for any nasty's in tomorrows post bag.

I would send CCA requests for all of them and see what they come up with.

[Von Greenbach]

Oh sorry, I should have said this 1st welcome to CAG

[deepdebt]

Wow thanks guys, consider the CCA requests in the post later today with a p/o x2 (2 cards ex Halifax). Letter N should do it. Hope 1st Credit doesn't get too mad.

 

Will let you know what happens.

 

I think I'll send one to Barclaycard/Mercer who recently purchased my Goldfish card account and then started with the phone calls hourly.

 

Cheers

[deepdebt]

Hi Rory32, Thanks for reply, in total thats 12 CCA.s to post out to DCA's, like Blair, Oliver & Scott, RMA, Cabot, Mercer, 1st crud etc. There are still a few cards that have not gone out to DCA;s like Mint etc would this not cause me a lot of grief after all we only pay these about 2 pounds ea. per month on XXXX debts?? Thanks

[deepdebt]

Hi Von Greenbach, Thanks for posting, yes will send out CCA later today and yes keep paying nominal amounts to all concerned. Just hope the CCA requests don't get them angre.

[rory32]

I would start with the ones that are giving you grief first. You can always move onto the others that are being reasonable later.

 

Realistically it's not going to cause you a lot of grief as it's a legal request.

[deepdebt]

OK rory32 thats 1st Crud, Mercers (Barclaycard) and Blair. That suits me just fine. Let you know how it goes in 15 days time. Many thanks to all.

[rory32]

You should initially just get a letter back from them stating "we have put your account on hold for 28 days while we request the information from our client, blah, blah, blah".

[deepdebt]

Thanks rory32 for the extra info, all CCA requests gone today, going down local CAB tomorrow to see there 'legal rep' to have a financial statement prepared, now starting to think the CAB stuff could be a waste of time! will let you all know what happens. And yes I will keep this thread going to the end what ever happens good or bad!!! I read so many threads that just stop when it looks like there getting interesting. Cheers all

[cerberusalert]

You'll probably end up with a ream of paperwork so I'd advise you to file all your A/Cs into seperate folders for ease of reference.

[deepdebt]

Hi cerberusalert, Yep done that already as we receive basic letters from different DCA's every week, lots and lots of phone calls (all ignored) and the game commences.

[cerberusalert]

Baiting DCAs is the favourite sport on this site:D

[deepdebt]

Yer a bit worried about that, just in case I get my fingers burnt. Feel like I'm stirring up a hornets nest.

[cerberusalert]

DCAs will huff & puff, threaten everything from sequestration to castration but at the end of the day they can do nothing without a valid CCA.

 

They dwell on the fear that they try to put into their 'victims' by empty threats & misinformation. They sail a very fine line at times & some have crossed it but with the help you'll get from this site, you'll learn how to hit back at them.

[deepdebt]

Hi cerberusalert, well my visit to the Citizens Advice Bureau didn't go well. They informed me there was a legal case in November 08 where the Judge ruled that the Credit Card Company didn't need a valid CCA and ruled in favour of the DCA. If this is the case it sets precedence and we are all done for, have you or anyone heard this??? or is it scary tactics from my local CAB???

[deepdebt]

Hi All, Just a quick question, I see 'Von Greenbach' advises I keep making the nominal payments whilst I wait for the CCA requests to be processed. Will the DCA try to use this like 'as good as admitting the debt' or is this OK. I only ask as we are due to make a payment before Jan end. Thanks all!

[cerberusalert]

Still make your nominal payments until you receive the CCAs back. If any of them are unenforcable then you can stop paying to those. Making a payment is not an admission of debt.

[deepdebt]

Hi cyberusalert,

Many thanks for your reply, I guess payment should be made by postal order?

Ta

[cerberusalert]

Yes a postal order which can be tracked to see whether it's been cashed & by recorded delivery for proof of posting if need be.

[deepdebt]

OK will do that. Thank you!

[Fred Bassett]

Hi deepdebt - just to add my bit, once you start getting replies, it is best to start a separate thread for each one - i.e. dd v Halifax/Cap1, dd v Cahoot/Apex or whatever. That way, you will get the most relevant advice.

 

As a matter of interest, do you own your own home?

 

Regards.

 

Fred

[deepdebt]

Hi Fred

 

Thank you for your advice, yes I will probably do that as it looks like these threads can get very long!

 

In reply to your question, sadly yes.

 

Citizens advice stated that 1st crudit will go for CCJ, then Charging Order then Inforcement order. Nice people at CAB.

 

Regards