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1st Credit


ak27
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Hi all,

 

1st Credit supposedly bought one of my CC debts off of original creditor which stood at around £3k about three years ago.

 

The norm started with phone calls constantly, threatening letters etc etc until I agreed to pay back £100 a month (which I couldn't afford at the time) but managed to keep this up for about 18months until I found this wonderful site.

 

I eventually requested a copy of my CCA and stopped paying the monthly payment when they acknowledge receipt of my request, but 9 months down the line I have received nothing, yet a default still remains on my file but has not been updated for the 9 months.

 

My question is - although I have written to them several time requesting removal of this since, and although they have confirmed to me in writing that they have not receive the requested docs from the original creditor they (after a conversation with them as they ignore my letters) have informed me that they will not removal this default and will not do so until the debt has been paid off in full.

 

Is this legal? I don’t understand how they can leave the default on my file and tell me that they have requested the CCA and as long as it takes for them to forward this on to me they have rights to log against my credit file. Therefore, if they can never provide the CCA to me this default will stay on my file for good?

 

I have threatened legal action against them and I really don’t see how else I can get this removed without following through with my threat.

Also, how could they of bought the debt without requesting (for there own records) the original CCA - does this mean they initially bought an uninforciable debt?

 

Can somebody please advise what my best course of action would be going forward?

 

May I add Experian will not do anything to help.

 

Many Thanks

 

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Have you SAR the OC to see if there are unfair charges on the account?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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It's worth the £10, I'd recommend it :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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And this would help me to claim back any charges i guess?

 

What do you recommend in regards to having this default removed?

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The default stays on your file for six years from the original default, then drops off automatically. By the sounds of things because the a/c is in dispute they are not continuing to process your data by updating the default. You could send them a S10 letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 but this could open a whole new can of worms and start them off trying to pursue again.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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If you send a SAR make sure it's to the orginal creditor not 1st Crudite.

 

Also this might be of interest to you; The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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