Problems with 1st credit - advice needed please

[just_jue]

Hi everyone,

 

I am sorting out a problem for my OH.

We have been having trouble with the Reigate Rabble (1st Credit), they have been chasing the OH for a debt.

Sent off a CCA request at the beginning of May, they have just sent out a copy of some statements for the account but nothing else.

What would be the next thing to do.

 

Thanks for your time

 

JJ

 

Forgot to say that the last payment on the account was 13/01/2005

[dcakiller]

Nothing the cca request is still out standing. If they continue to demand payment report them to the oft & trading standards

[42man]

If they have failed to send a CCA then this is the follow up (send recorded) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[just_jue]

My OH drives past their office every morning - she could always hand deliver the letter - I wonder what responce she would get?

[diddydicky]

well a good idea in that case would be to offer to call in an inspect the original agreement

[just_jue]

Do you think the Reigate Rabble would know what one was?

[diddydicky]

well the point being it will put you in one HELL OF A POSITION regarding costs if it ever got to court

[just_jue]

Hi,

 

Finally got a response to your second letter today:

 

Thanks you for your letter dated 17th July.

Following you request, we have asked for a copy of the credit agreement in relation to your debt.

** ******** have advised us that the copy agreement is not avaliable to be supplied to us and we therefore remain unable to supply you with a copy. We are of course aware that in the absence of a copy agreement, we are not entitled to enforce or collect the debt and our file is noted accordingly.

 

We maintain that although currently unenforceable, the debt remains due and payable. Should a copy agreement be made available to us in the future, we reserve the right to resume our request for payment should we see fit.

 

As the debt has been previously acknowledged by payments having been made to the account, the default will remain registered at the credit refernce agencies for the relevant time period. In order for it to be updated to settled or satisfield, settlement would be required and your proposal would be welcome.

 

We look forward to your comments in due course.

 

Yours sincerely

 

Reigate Rabble.

 

 

 

My question is if they have defaulted us regarding the debt, when will the default start? as the last payment made was in Jan 05.

 

 

Thanks for your time

 

JJ

[ODC]

Looks like someone else will have to buy *** ******* a drink down at the Golf Club.

 

How pathetic of a DCA to try to use the moral card.

[cerberusalert]

The default will drop off your file naturally six years after it was first registered.

[mr.ton]

Seems to be a new tactic by 1st Crud..acknowledge that they cant obtain CCA's, yet still insist on payment.

Wonder if OFT are aware?

[diddydicky]

Hi,

 

Finally got a response to your second letter today:

 

Thanks you for your letter dated 17th July.

Following you request, we have asked for a copy of the credit agreement in relation to your debt.

** ******** have advised us that the copy agreement is not avaliable to be supplied to us and we therefore remain unable to supply you with a copy. We are of course aware that in the absence of a copy agreement, we are not entitled to enforce or collect the debt and our file is noted accordingly.

 

We maintain that although currently unenforceable, the debt remains due and payable. Should a copy agreement be made available to us in the future, we reserve the right to resume our request for payment should we see fit.

 

As the debt has been previously acknowledged by payments having been made to the account, the default will remain registered at the credit refernce agencies for the relevant time period. In order for it to be updated to settled or satisfield, settlement would be required and your proposal would be welcome.

 

We look forward to your comments in due course.

 

Yours sincerely

 

Reigate Rabble.

 

 

 

My question is if they have defaulted us regarding the debt, when will the default start? as the last payment made was in Jan 05.

 

 

Thanks for your time

 

JJ

 

that got a result anyway- good time for a F & F offer if you are that way inclined -at around 10%

 

or you could gamble and go via 31.16 and then get a court to rule it out

[just_jue]

Hi, after reading the Failure to provide a copy of the CCA, that the DCA was not allowed to register any details with the CRA, or have I got that wrong?

 

Thanks

 

JJ

[woody1066]

What they are not allowed to do and what they do are almost always two different things

[diddydicky]

Hi, after reading the Failure to provide a copy of the CCA, that the DCA was not allowed to register any details with the CRA, or have I got that wrong?

 

Thanks

 

JJ

 

in 99.9% of cases a debt does exist....the lack of a cca(or dodgy one) simply means that most likely it cannot be legally enforced- but you still owe whatever the proved debt might be ( there may be illegal charges etc to deduct )

 

the creditor will take the view that if you fail to make payments he is entitled to mark you CRA files accordingly CCA or no CCA

[woody1066]

They do but I take the veiw that if they cant prove the debt what gives them the right to trash your credit history. Where do we draw the line? if this is ok then whats stopping me trashing anyones files by making up debts and then saying they havent paid them?

[diddydicky]

i see your point woody-but my own view (not universally accepted i know) is that i am not denying that i owe the money- just their right to use legal means to collect

 

what gives them the right to "trash my CRA" is the fact that they too are members of a "club" just like we are and the members of their club have agreed to notify failings to repay debts in the required manner to their fellow members so that they may then make informed decisions as to whether to lend to the same person

 

(just as we help each other by warning of the shyster DCA's etc)

 

now, personally i've never been one for having my cake AND eating it!!

 

If i get rid of the debt I am philoshical about the fact that for the next 6 years my credit rating might be crap

 

(in fact in many cases it is no bad thing that the debtor cannot just go out and get into the same mess all over again)

 

again i stress JUST MY OWN VIEW

[woody1066]

And I accpept what you are saying. However I have a dispute with Orange mobile phones at the moment for a debt that I genuinly know nothing about. They cannot prove it but have ruined my otherwise good credit rating as a result. The trouble with thier club is that they can do what they like whereas this club is moderated and if anyone posts balatant lies then they will have consequenses raining down on them from the cagbots (bless em)

[diddydicky]

ah yes - totally different scenario and i agree- go get em

[just_jue]

Thanks for all the advice, if I remeber right the last payment was made late 2004 or early 2005, so all problems they cause will fall off in the near future anyway, so just let them try and find the agreement between now and the 6th year anniversary.

Or would it be worth trying a F&F payment with them?

 

JJ

[cerberusalert]

If you make a F&F offer you would be admitting the debt & it will reset the Statute Barred clock back to day one.

[just_jue]

Good point didn't think of that one.

 

Thanks

[ODC]

If you make a F&F offer you would be admitting the debt & it will reset the Statute Barred clock back to day one.

 

Good point didn't think of that one.

 

Thanks

You can rest assured that whilst the Reigate Rascals would accept any payment with their customary GREED. It would only be a matter of time before they came back to you for the rest. Do NOT risk resetting the Statute Barred clock