1st Credit chasing old aqua aka HBOS credit card

[TheLion]

Hello. We are having some problems with 1st Credit Ltd at present, any advice on the following:

 

1. We set up a pro rata agreement with 1st Credit two months ago, to which they agreed, and have not missed a payment. They stated in their confirmation letter that they would send out an 'all-pay' card, which they have not done so. We have sent them cheques, which they have cashed, and informed them in writing that we have not received any payment card, which they have ignored.

 

2. On 01.07.10 we received a letter dated (28.07.10) stating that we had breached the pro rata agreement...not sure how:confused:. Then on 03.07.10 we received a letter dated (29.07.10) threatening legal action. Bear in mind that their last letter was sent out before we had even received the first one:-x.

 

3. Sent a letter to them on 02.07.10 in reply, which included a new s.77/78 request. We have requested previously but are not sure if what they have sent is enforceable.

 

I hope the attached files are ok, they are the fron and back of what they sent out. There was no signiture from Aqua at all.

Full page photo.pdf

Full page photo2.pdf

[twofoot]

There is not much of that which meets the requirements. Your credit file will already be shot so it's up to you if you carry on paying or not but but prepared for lots of hassle if you stop paying. Personally I'd stop as their hassle is water off a ducks back to me.

[TheLion]

Thanks for the advice. The agreement is pre April 2007, can anyone provide exact details as to how the agreement I posted is 'legally unenforceable'? We removed personal details, there was no signature at all from Aqua. We are going to send a complaint to the OFT and TS, not had much luck with them in the past, but with '1st Credits' OFT track record perhaps they will do something:grin:

[babybear39]

The heading of the first doc. is a dead giveaway

[postggj]

the terms and conditions are the latest ones for aqua aka hbos

 

they are not the t&c for when you took out the card

 

i should know

 

i had an aqua card back then

 

write to 1st cretins and demand the t&c for when you took out the card not the exsisting ones

[TheLion]

My wifes signature was present on the t & c page, including the date which was in July 2006. I am puzzled by the fold marks on the t & c page, which is the rear of the application page. It also states 'page 3' in the bottom right hand corner. There are also some odd markings at the top & bottom of the application page...could these be scanned images?

 

Thanks for the advice so far

[letsgetitsorted]

hi the lion

my agreement/application, is exactly the same as yours, except the charges on mine the charges are listed as £9.00 my agreement/application was signed in may 2006. when did you sign yours

 

apart from the creditors signature what else makes these invalid/questionable.....any advice would help us both.....many thanks..

[TheLion]

Sorry it's taken me a while to get back. Been dealing with some ongoing health issues. Anyway, it was signed in July 2006. Hope this helps.

[TheLion]

Update:

 

Received in the post today a very odd package from 1st Credit Ltd. The covering letter makes reference to a s. 77/78 request made by my us. It contains the same stuff as presented in 'post #1'. We have made no recent request, the last communication with them was about twelve months ago and related to pro rata, which we are paying.

 

The covering letter does however request that we contact them with regard to repayment. It makes no sense at all. We have not made any new s. 77.78 requests and have none outstanding.

 

Any ideas what they are up to? Also, are they still under sanctions from the OFT?

[Bazooka Boo]

Personally I'd just ignore them, if your already making pro rata payments then anything they want to discuss can be committed in writing.

[TheLion]

Just realised that the package must be related to the second s. 77/78 request that was made on 02.07.10, over two years ago!!!

 

We have just checked the contents against what we have already:

 

1. Twice before we have been sent the same information as depicted in post#1. The application printed on one side and the terms & conditions printed on the other. This has always been flawed as the terms & conditons page clearly states 'page 3', and see post#6.

 

2. Twice before we have received a wad of terms & conditions stating key financial information, general card conditions etcetera. On each the charges for a missed payment etcetera are £12. On each it clearly states that it is a copy of your Agreement for you to keep, there are no signitures.

 

3. What we received today is the same as in post#1 except that each side is on a seperate sheet. Also, we received two copies of the wad that states charges of £12 and one wad where it states £20. Both however contain no signitures.

 

What are these cretins up to?

[TheLion]

Any advice with regard to what sort of offer would be needed clear this debt, or to start the negotiation process? Bearing in mind the state of the credit agreement above and that there is about £316 outstanding.

[ericsbrother]

Work out what it is without any charges and what has been paid so far. If they have added charges since the assignation of the debt ignore that as well. When you have recalculated the amount do you still actually owe anything?

[TheLion]

Charges have already been removed and there are no further ones to remove.

[Bazooka Boo]

This has been dragging on for three years now, they are clearly not that interested..

[TheLion]

UPDATE:

 

The account has now been settled. Thank you for all of the advice that everyone has provided.