first direct old debt

[richy78]

hi i was wondering if i could ask some advise i currently owe about £3000 to first direct to which westcot credit services are chasing me for just to give you a bit of background this debt is around 12 years old and was a malgamation of a credit card/overdraft/loan which first direct forced me to do back when i was 19 and i got myself into finacial mess originally it was 5300 but i have paid some off throughout the years so it currently stand at 3000 that i owe anyway before it was being held with westcott moorcraft had it and i was paying them £50 per month although when i was 1 week late on a payment and i called them they told me the installments had been cancelled and i now had to pay £250 per wk!! i refused as i just cant afford that they then barttered down to about £90 per month which i was not really able to afford anyway i then recieved a letter a week later telling me i needed to pay the original £50 in the next week or else my installments may be cancelled which i then realised the woman on the phone had tricked me into paying more so here i am at westcot not feeling confident to call as they will try and bully me for ridiculous amount. iwas wondering is there any use in me doing a cca request on this as i havent a clue exactly what interest was on it or how it was made up it is a very old debt ive just kept paying on and off over the years many thanks richard

 

ps i also have visions of them going to court and sending the baliffs etc

[Guest Cartaphilus]

and was a malgamation of a credit card/overdraft/loan

Someone else will clarify I am sure but are they actually allowed to 'force' anyone into lumping all these debts into one larger debt?

 

Also, as you will see elsewhere on this forum the advice is don't speak on the phone to them at all. Only by letter.

 

and i called them they told me the installments had been cancelled and i now had to pay £250 per wk!!

Erm. Well. They'll be lucky in that shall we say.

 

I have given up now trying to edit these posts as I am getting very annoying connection problems whilst doing so will give up trying to continue with what I was trying to post before.

Edited June 8, 2010 by Cartaphilus

[Guest Cartaphilus]

I have absolutely no idea why my posts got duplicated. So I'll give up now as each time I've tried to edit it's got worse.

Edited June 8, 2010 by Cartaphilus

[richy78]

hi yes thanks for your reply.. the debt would be from 1998/1999 and its westcott who are now chasing me for this money but i did find moorcroft very rude and if i remmenber correctly it was made up from about £1200 on a credit card /900 overdraft and the rest was a unsecured loan i had with them although it was a long time ago so my memory is fading. it all seems silly now but when your young i suppose many thanks

[Guest Cartaphilus]

The others will be more helpful, I will have to give up due to connection problems; why my posts got messed up above. My apologies.

[maroondevo52]

Hi,

 

Were these three debts all with First Direct ?

[richy78]

yes they were all with first direct

[Ruprecht]

Are they chasing the money under one account reference?

 

If so send off your £1 cheque/postal order and request a copy of the credit agreement as per s77/s78 of the Consumer Credit Act 1974.

 

I wouldn't mention that you know it is several combined accounts.

 

Tell them you dispute what is owed and suggest they put the account on hold until they comply with the s77/s78 request.

 

Take it from there!

[Guest Cartaphilus]

Was gonna suggest something along those lines earlier but then the connection started acting up.

[richy78]

thats great thanks i will send it off asap and let you know how i get on thanks for your help

[Guest Cartaphilus]

Make sure you send it by recorded delivery, unsigned (printed name) and £1 via postal order. Then sit back, wait out the 12+2 working day period and ignore anything from them until the period is up or until they produce something that may look like a CCA ... then scan it (removing the usual IDs even if it's a serial number or any numbers on the document apart from the usual date (if there is one) printed on the documents from when taken out eg May 2001), post it for further help from here. To see whether or not it's enforceable. Though as it would originally be from the years you mentioned ... no one can guarantee this but the least likelihood it will contain the proper wording.

[richy78]

Hi just an update I sent the cca request about a month ago and have heard nothing since nothing at all does anyone know what this may mean I thought they may have trouble getting the agreement seeing as it's like 12 years old

[merlin100]

Yes it means that you are now not legally obliged to pay anything until such time that they produce a CCA - but then post it here minus personal details as it may well be a load of bull they send!

Now is the time to refuse any telephone conversations - if they persist then send the appropriate letter from the library ( NO phone calls, letters only).

Understand that this doesnt stop any begging letters - they can send them forever if they wish, but it does stop any legal action. And thats all that matters;)

Follow your letter up with the "account in dispute" letter from the library, again unsigned and by recorded delivery - get a copy of the signature from the Royal Mail site after delivery and keep it all safe.

And there is your defence should they ever be stupid enough to take it to court without supplying a valid CCA.

Good luck.

[richy78]

hi thank you for your help i will keep you posted if anything turns up many thanks again