Missy - v - 1st Credit

[Master Chief]

Spot on MC, although it pains me to type it

 

At stupid judge for moving the goalposts!

 

But, I'm learning thanks to you guys 'n' gurlz and that's gotta be worth a big smiley

[missy]

Hi

 

Just an update on this situation. 1st Crud tried again to pass this on to a different DCA. I seemed to have put the brakes on that again by using letters found in the library.

 

As previously mentioned !st are still reporting this to CRA and I have a big black D every month since March 2009. Can I clarify that if I am prepared to sit this out then I only have untill Mar 2015 where the alleged debt becomes statute barred.

[babybear39]

SB comes in to play in most debt situations if you haven't acknowledged the alleged debt in writing, or paid anything off the alleged debt for six years... CAG does not advocate debt avoidance but we can, where possible, give you the information to help and/or seek help from appropriate organisations such as national debtline or CAB. If the debt collection agency, in this case 1st credit, breach your rights under the OFT guidlines, CPUTR 2008 or UCPD 2005/29/EC please report them to Trading Standards and the OFT via consumer direct because they are/were under OFT sanctions for unfair debt collection processes including issuing Statutory Demands and using the insolvency services as a method of debt collection that the OFT are very concerned with.

[missy]

Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

[jumaji]

Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

 

Formal complaint to 1st Credit followed by a complaint to the Financial Ombudsman service, if you're unhappy with 1st Credit's final response to your complaint. It will cost 1st Credit a case management fee of £500 (I think) if you do refer to FOS.

[babybear39]

As far as I'm aware the above response is correct although, of late, I have not kept up with OFT guidelines as I have been involved with multiple groups/organisations etc. mostly regarding the Welfare changes that IDSIOT is hell bent on bringing in to the very real and severe detriment to the very poorest and most vulnerable people in our society...

[theoldrouge]

the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint

[babybear39]

the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint

 

Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014

[theoldrouge]

Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014

so best way forward then to link your complaint to the OFT debt collection guidelines and consequently CPUTR2008 breaches, and then complain to the FOS and TS:lol:

[babybear39]

Ask 1st credit about the UCPD 2005/29/EC and the CPUTR 2008 and see how loud they scream... Mention this to the them as well - http://www.consumeractiongroup.co.uk/forum/showthread.php?147392-CCA-DCAs-and-the-Unfair-Commercial-Practices-Directive and ask them if they feel ok

[theoldrouge]

well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)

[babybear39]

well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)

 

BB v 1st Credit, on many occasions, should have disillusioned them, but they appear to have yet to grasp the fact that they are debt purchasers in many cases and are very often very wrong in that the alleged debtor is not their victim at all and have been proven so, scared off but then reappear when they feel like it

[missy]

Thank you to all who have offered advice. I have written again to !st and told them I am minded to make a complaint.

[new-me2010]

Hi Missy,

 

I've been reading all the thread and have noticed that you'd been advised by a few to send for a SAR but all you've been chatting about is the CCA

 

You've never answered this from others, so now I'm asking? A simple yes or no .......... I've done one recently and its picking up anomalies.

 

Also you were asked about PPI and reclaimable charges, have I missed your answer? My SAR has shown up some.

 

NM

[missy]

I have agreed a partial settlement with !st with the agreement that they or anyone else does not chase for the rest of the disputed debt. This was in Feb and I just checked my credit file and the record is marked as PS (partial settlement) but it still says the account is in default. This is not what I expected. Will this account stay open with the CRA and be reported on every month as in default?

[Duffers Mum]

A default will stay on your credit file for 6 years from the date of default. I have one with m&s on my file, they accepted a full and final of about 30% from me, marked it as partial settlement but the default is still showing, although m&s obviously don't update it anymore, my default is due to drop off this summer...

[missy]

Hi and thanks for replying.

 

I understand 6 year rule it's just that in the month I made the final settlement. They insist on calling it a partial settlement. this is what it looks like:

 

February 2014

PS

Partial settlement. The payment status has been reported as in default.

 

I an assuming in March there will be no other reporting and the defaults will start to drop off. The first was in April 2009 and so that will drop out in April 2015.

[Duffers Mum]

The actual default won't fall off until 6 years after so will continue to show on your credit file but it won't be updated by the DCA. Mine shows it was last updated just after I made the partial settlement.