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1st Credit & Marbles credit card debt - Phone Calls

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Hi, I'm an avid reader of these forums but haven't contributed for quite some time. I am usually very good at handling phone calls from these people and stick to the 'I will only communicate in writing' line.


The situation with 1st Credit is that



I sent a CCA request last year (august), they still called for a while but then it calmed down.



Then in about february I got a letter from ScotCall, I sent them the standard dispute letter from these forums

and the account was passed back to 1st credit.



I then received a 'dodgy' letter from 1st credit which was fishing for me to send them my signature.

I ignored this but eventually received a signed application form for the credit card in question..



....It is clearly unenforceable though as prescribed terms are missing.

I sent them a dispute letter and explained why the document they sent wasn't a proper agreement which they have now countered.


Their stance is it is an enforceable agreement full stop


What is my next step?


Should I just ignore them and every call they make and letter I receive, report to the OFT, etc?


Yesterday though I got a phone call from them and am not sure why I got involved.

The bloke on the other end was an antagonistic fellow and spoke down to me saying things like

'our letter is clearly beyond your understanding'.



I debated and told him why the document they sent was false but

he ignored me and kept spouting the same drivel.



Eventually I got so stressed I called him a '****ing prick' and then put the phone down.


I don't like to swear at people and I felt guilty so

I phoned back and apologised which he accepted and I said take me to court if you like.

He said 'for your own good we don't want to take you to court', yeah right!!!!

and he said the ball is in my court,

I have to go to citizens advice and prove the agreement is unenforceable.


That isn't the end of it though.



I received 2 more calls this afternoon,

the first I said I would only communicate in writing and put the phone down.

Then 5 minutes later I received a call on my mobile,

this time a woman from 1st credit who didn't know someone called me 5 minutes ago,

furthermore she said I had never been sent a personalised letter from 1st credit

which I knew was false as their last letter to me attempted to answer my points

and was not from a template.



Again I got drawn in and she continued spouting drivel,

I told her to take me to court and a judge will throw out the case

and she then tried a moral approach and said

'do you deny ever having this card? you must pay back your debts, it is only right', etc.



Eventually I said 'I've nothing further to say, this account is in dispute until you provide a valid agreement.

I'm not paying anything to you, please take me to court.' to which she replied 'Ok, we will.'


I am not worried about it going to court as I have recently lost my job and am on job seekers allowance,

I have little savings and rent so could only be ordered to pay a minimal amount back per month,

a CCJ doesn't bother me. This is all irrelevant though as they don't have a valid agreement....


I just want to ask are they likely to take me to the county court?

Also, what do I do next?

I have told them their document is not enforceable and the account is in dispute.



Do I just ignore all phone calls and letters from them

and report them to the appropriate authorities?

Or should I write them a final letter?


I know I broke the golden rule of speaking to them on the phone

so deserve a slap on the wrist,



does it go against me in court if I swore at them on the phone (if they recorded it),

will they use anything I said against me!?



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1) Chill;)

2) If it's unenforcable it's unenforcable. Let them take you to court and look stupid.

3) Send telephone harassment letter. Template is somewhere.

4) Contact Consumer Direct / Trading standards 08454 040506.

5) Let the DCA know trading standards are involved

Edited by kurvaface

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do you think if they had and enforceable agreement they woul dhave passed your account scotcall rather than take you to court?



me no thinks so.


you have told them where you stand and i would just file any letters you get and donlt get caught into their childish calls


ida x

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Thanks for the reassurance, I am normally calm and know how to approach these situations. I am just more annoyed at myself for losing my cool :D

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I would not worry about being rude to them after all do you think a tape full of misleading claptrap will ever see the light of day asuming the even recorded the call.

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Good point, I couldn't count the amount of rubbish that the various employees spoke.

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