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1st Credit threatening with Bankruptcy Scotland


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I owe less that £3000 to citi who moved the account to 1st credit and then sent me out a letter saying they will send out a Statutory Demand in terms of the Bankruptcy Scotland act 1985, Section 7(d).

 

What they fail to realise is that in Scotland you can only be made bankrupt if the following are satisfied:

 

3.3 What are the conditions for making someone bankrupt?

 

You can ask the sheriff to award bankruptcy against a debtor if:

  • they owe you at least £3,000, including any fees, charges and interest added to the original debt; or
  • you apply for a joint petition with other creditors provided the combined debts are at least £3,000; and
  • you have sent them a copy of the Scottish Government's Debt Advice and Information Package - you must have sent this at least 3 weeks and not more than 12 weeks before you make your petition; and
  • the debtor is apparently insolvent.

When someone is apparently insolvent they appear not to be able to pay their debts. The sheriff will require evidence to support this, usually an expired Charge for Payment or Statutory Demand.

The evidence you provide must show that apparent insolvency was constituted no more than 4 months before the date of your petition.

--->

 

http://www.aib.gov.uk/guidance/publications/debtbankruptcy/bankruptcypostapril08/creditorsguide/Q/EditMode/on/ForceUpdate/on/Page/9

 

Therefore should I ask for my bank charges back (which will lesen the amount) and then ignore 1st **** as it would not be profitable to drag me through the courts?

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They have a responsibility to get it right. Letters which carry deceptive information like this are oppressive and misleading and could easliy frighten people for no reason.

Complain under CPUT and send them a copy of the letter with your complaint.

1st credit have already had at least one warning against them and so they should know better by now. I am sure that they are paid enough to get it right - assuming that it is just an error. Let the OFT or TS sort it out.

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Certainly you should sk for your charges back. Why ever not?

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You should certainly reclaim all of the charges and make a complaint about 1st Credit to the OFT.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 4 weeks later...
You should certainly reclaim all of the charges and make a complaint about 1st Credit to the OFT.

 

They suddenly stopped dealing with me :)

 

Debt recovery agency 1st Credit loses clients after OFT rebuke - Times Online

 

Its all went Pete Tong for them, as they were really rubbish and wrote transparent threats that Nigerian 419ers could have put across better.

 

Quote:

 

HBOS and Citi Financial, part of Citigroup, have dropped 1st Credit, the debt recovery company that was reprimanded by the Office of Fair Trading (OFT), after criticism over its approach to debt collecting.

The OFT said its investigation revealed the company had failed to meet “satisfactory standards” and 1st Credit was ordered to stop using unfounded threats of bankruptcy to recover money. It must report to the OFT every six months, giving details of the number of enforcement actions it has taken against debtors. If it fails to comply, it could be fined up to £50,000 and have its consumer credit licence revoked.

 

 

I bet Najib Nathoo is STILL the director and on the Board of the CSA, when are this lot ever going to die off :)

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RETIRED policeman John Blair laid down the law when debt collectors would not take a telling.

John had been hounded for weeks after fraudsters used his ID for a spending spree.

Finance firm 1st Credit were so persistent that John went to the police for help... but the calls, and letters, still came.

 

 

Debt collector chase ex-cop for cash after thieves steal his ID - The Sunday Mail

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Good Evening Just Looking In To Give Support

 

Please I Know Nothing About Law In Scotland.

 

However There Is A Saying In The East Of London

 

Put It On Them Son, Be Assured That We South Of The Border

Will Give What Ever Support We Can But I Am Also Sure You Will Not

Need Our Help.

 

Lilly White

 

 

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