1st Credit Full & Final?? Help Pls

[amsgirl]

Hiya

 

I have been battling with 1st Credit since January (2009). I owe just over £5k and they have called, written, threatened etc etc.

 

I CCA'd them back in january and they sent my application form with 'photocopied' prescribed terms on the back - blatently copied and pasted on there. I have sent many an 'account in dispute' letter to them!!

 

Anyway, I have had a letter from them stating that if I get in touch then they may be able to offer me a F&F settlement where i will be given an attractive discount against my current balance outstanding.

 

So, do I see what they offer???

Shall i make them an offer?? (would £500 be ridiculous??? against a £5k debt??) (Think I could borrow £500 from my parents)

OR

do I stick to the account in dispute line and await for them to send me a genuine CCA??? xxx If i do make an offer is that me admitting the debt and basically blowing any chance of keeping it out of court and preventing it being enforced!!??

 

Help Please xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[blueda]

You could offer them £500 as a starter and see what they say, on the other hand you would need to word the offer carefully so as not to be seen as admitting the debt, i was going to offer my creditors reduced settlements, then did not make any offers for this reason.

[dx100uk]

are they collecting for the OC or have they brought the debt?

 

and some more history please

 

dx

[PGH7447]

dont offer anything, if they are making tese type of offers then they know that the debt is porbably unenforceable

[amsgirl]

1st Credit have bought the debt as far as I am aware and I have had the usual NOA letters etc etc. I have a post running with all the details:

 

1st Credit / Halifax CCA Response HELP!

 

Think you are right in the fact that if the debt was enforceable and they had the correct CCA then they would be marching thru the courts by now (6 months in). I would just love to get them out of my life once and for all! xx

[lilly white]

Well Interesting

 

If You Get The Time I Would Like To See This Letter.

 

 

 

Hope You Are Ok Kind Regards Lilly

[uptoneck]

If 1st Credit have bought the debt, they probably only paid 10p in the £ or so for it, so offering them £500 for a £5k debt is a good place to start. Stress that if you were to take out an IVA, this is the sort of figure they would get and it would be spread out over several years, so at least they would be getting it all in one go.

 

Most likely they'll reject the offer to try and squeeze more money out of you by coming up with a F & F figure of their own, you'll then just have to nogotiate a compromise figure, but I've heard other people say that 20-25% is the sort of thing they'll go for -- although I must stress I've no experience of this myself.

 

BTW, blondmusic has posted an excellent F&F letter here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206473-final-settlement-advice.html#post2252120

 

Good luck!

[nuke em]

You might want to send them this ( only to a debt collector though) not to a "Principal". there is another letter available you would need to send to them

 

 

 

in Care of:

Your address

Your address

Near: Your post code

 

Name

Address

post code

Of the DCA

 

 

Today’s date

Notice of Request to Cease Harassment

 

Your Reference Number: 123456789

 

Dear ???????,

 

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

I refer to your letter dated (date)

 

I feel this matter is serious and wish to deal with it in writing.

As you are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

 

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

 

1. Proof of Claim that your actions are reasonable.

 

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

 

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

 

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

 

4. Proof of Claim that any obligation on my part protects you from any future loss.

 

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

 

6. A hand signed invoice in accordance with The Bills of Exchange Act 1882

 

You would of course need to provide these Proofs, including showing full accounting, if you choose to go to law.

 

Please provide sufficient evidence within ten (10) days from the above date,

Should you provide that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer, you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

You will be deemed to have been served notice of my request and I will deem it served three(3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letter, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

Sincerely and without ill will, vexation or frivolity

 

 

By: XXX-YYY :of the ZZZZ family

 

Authorised Representative All Natural Inalienable Rights Reserved.

 

-----------

notes on this Doc... the bits in red are important to you, send exactly as is, read below

 

Do Not sign this letter, there is no need to sign anything that is not a contract

 

 

At the bottom of the document if your name is John Smith

You print John:of the Smith family

 

if your name is John Martin Smith

Your print John-Martin: of the Smith Family

 

Use uppercase/lowercase exactly as on the document for the RED sections.

 

also look at the address section in RED

 

the "In Care of:" your address

 

"Near" your postcode

are important also