1st Credit Threatening Court Action After Set A Side Won

[surprise]

We won set a side against 1st Credit the latter part of last year together with expenses but my daughter has today received a letter from them advising her that they are issuing legal proceedings.

 

Can they do this?

[BankFodder]

Yes they can.

You need to gve more details

[surprise]

OK.

 

Originally a Morgan Stanley Credit Card, then Goldfish, we were in the middle of trying to claim charges back and we made a CCA request. They didn't have an agreement but then sold the debt to 1st Credit. 1st Credit issued a Stat Demand in Oct 09 and in December 09 we won set aside with costs.

 

My daughter has today received a letter stating that they are are issuing legal proceedings.

 

Thats it at the moment.

[PGH7447]

so the cca request is still outstanding? if yes then send the account in dispute letter straight away by special delivery

[surprise]

When they issued the stat demand part of our defence was the lack of signed credit agreement. 1st Credit pulled their usual stunt and wrote to the court and said they were not contesting the set aside.

 

We've already been down this road once prior to the stat demand being issued.

[PGH7447]

so if this is in dispute then they cannot start enforcement proceedings without an agreement

 

have you reported them to the OFT about this?

[BankFodder]

so if this is in dispute then they cannot start enforcement proceedings without an agreement

 

have you reported them to the OFT about this?

I'm afraid that this cannot be relied upon

[surprise]

What I can't understand is that they had the opportunity to present their case and evidence when they issued the stat demand but they didn't, so what would they gain from issuing legal proceedings now. The situation hasn't changed they have not produced a signed credit agreement. I think I am just going to write to them and ask them as they have decided to proceed to court again then presumably they now have a signed credit agreement and ask them to confirm it. OFT where copied in on the original correspondence.

[surprise]

I've just looked out the old file and it was December 2008 when we won the set aside. A letter from Cannaugh dated 23 December 2008 when they sent the cheque for costs stated "We confirm we are in the process of obtaining full information in regards to the debt balance. Full information shall be provided to you shortly. We confirm no further action shall be taken against you in the mean time".

 

I shall send them a copy of this now as no further information has been forthcoming.

[debt4get]

have they actually issued court proceedings? or is it one of their threatograms, you know. we may get a charging order, we may apply for a county court judgement...we may buy an ice cream for dinner... or anything else along those lines

[surprise]

No they haven't issued yet but it definitely says "we will be issuing legal proceedings".

 

I am just wondering whether they have taken out all their maybe's and mights because of GAG and they are now want to look more seriouse:D

[debt4get]

quite possibly also 1st crudit had a practice of sending out stat demands like confetti.. if you contested they backed off..remember though not everyone was/is aware of cag and didnt defend..probably settled with them and in effect they won..however, they are so bad there paperwork probably doesnt even show they issued a stat demand to you and are now threatening their usual drivel..you can either send account in dispute or wait and see what happens next....

[debt4get]

was also going to add, you would have a complete defence in court...no cca!!

[surprise]

I've just done a letter enclosing a copy of their last letter where they paid out and asking them to confirm whether they have now have a signed agreement.

 

Will see what happens

 

Thanks for the replies, will update with what they respond.

[lilly white]

Have you SAR the OC.

[surprise]

Yes in 2008 thats when I was claiming back charges for my daughter and they had no CCA. Applied for the charges offered £100 for nearly £1,000's worth of charges - I refused - next thing was a letter from 1st Credit. I know theres no agreement, 1st Credit actually sent just terms and conditions. Morgan Stanley sent an unsigned copy which was newly printed.

[BankFodder]

I suggest that you make a complaint to the OFT. There are guidelines which prohibit of sending out threats of legal action when no action is possible.

First Credit has already attracted the attention of the OFT and I ecpect that the OFT would take notice of further complaints.

If an claim is actually issued then make sure you report it here as I have some ideas to include in a defence which would be helpful to you

[surprise]

Thank you. I've got letters already to post when I go out, including OFT. I will update thread when I hear something.

[themagician]

just a thought if you end up going to court again,and they discontinue,still go to court apply for the defendants costs,also ask the judge to strike out the claim.good luck.

[lilly white]

Yes in 2008 thats when I was claiming back charges for my daughter and they had no CCA. Applied for the charges offered £100 for nearly £1,000's worth of charges - I refused - next thing was a letter from 1st Credit. I know theres no agreement, 1st Credit actually sent just terms and conditions. Morgan Stanley sent an unsigned copy which was newly printed.

 

 

well then p and wind comes to mind, good luck, hold your ground

[ODC]

As it stands you have just got another one of Worst Credits bog standard threatomatics. The monkey pressing the buttons has just started the threatomatic off on another cycle of threats. Personally I would invite them to take me to Court and wipe the floor with them. In the meantime you MUST report them to the OFT, TS and your MP

[lickthewallfatboy]

or they'll farm the job of sending out junk mail out to muck hall

 

who like idiots think that you'll be threatened by a bunch of second rate losers using another collection of third rate losers trying to collect something the first set of losers couldn't collect on

 

if you see my point!!

[comebackjimmy]

subbing

[surprise]

Letter has gone to OFT with copies of correspondence but not to MP. My MP is a waste of space sent her copies of correspondence regarding the hike in interest on the Halifax bank accounts in November and have copied in ever since and all I get is a postcard saying correspondence received.

 

About the time we received the stat demand there were many others who won, it will be interesting to see how many of them start new threads or are we just one of the unlucky ones!

[PGH7447]

send it again to your MP saying expenses enclosed? they should open that then:D