1st Credit demands more money then i can afford

[spamheed]

unfortunately the links in the templates library seem to be all over the place, but the link as it stands is here

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html Letter 18

[coledog]

Hi

 

Send the DCA the following harassment letter and also make a very strong complaint to OFT and also Trading Standards via consumer Direct as these clowns are already under an OFT warning. Investigate Call Barring to stop them phoning or even change numbers. I will find a SAR letterfor you but this is the telephone one:

 

Harassment by telephone

 

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

Reference NUMBER:

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[coledog]

SAR letter with £10 postal order, recorded delivery and don't sign

 

[DATE]

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

[signature]

 

[name]

[spamheed]

To be honest, a SAR to a debt collector will serve little purpose as they tend to have very little by way of information, send the SAR to the Original Creditor and a simple "prove it" letter to 1st credit.

 

If they cannot prove that they are the current owners of the debt, or are acting for the current owners, then what exactly are they doing making demands?

 

This doesn't require any deep legal phrasing, it is simpy a case of.

 

"I don't believe that I owe you anything, can you please prove that I do. "

[babybear39]

SAR to LTSB. 'Prove it' letter to 1st crud. All recorded and postal reciepts kept with copies of the letters

[weston83]

thankyou all for taking the time to reply and helping me with the templates, i will get onto it tommorrow, 1st credit sent me their standing order details, but a prove it letter will be on it's way, so we shall see. and Coledog, your right i should make a complaint to the OFT, because the more people complain, the greater chance of these muppets having their license revoked. I've done nothing but reserach this company and i have heard personal accounts of what they have put people through, it's disgusting. I will NOT let these people bully me.

 

I'll keep you posted and thanks again for your replies, if it wasn't for all your reassurance and advice, i would have had many sleepless nights.

[Bigdebtor]

1st credit is the company MOST in the OFT radar - in danger of losing their licence if they continue to be naughty. Google them to find out more about this. I remember them being looked at in BBC Watchdog by Nicky Campbell a couple of years ago and a Government Minister saying they were the one most in the spotlight.

 

Bottom line? They won't DARE go too far - so YOU are in control - pay what you can afford - NO MORE. If you get unexpected vital bills from elsewhere then just PAY LESS - but tell them why. I would try to pay by BACS or online banking so you can alter the amount and avoid getting into other unauthorised overdraft probelms if you can't make the SO payment any month.

 

I used to pay most creditors £75 per month each - but I have cut it down if any other bills came in - now I only pay them £5 per month and have never increased it again - They all moan from time to time but continue to take the £5 and never take it any further, even no empty threats any nmore.

 

I have also never supplied any I&E to them - just tell them that is what I worked out with CCCS who did get my I&E. They have to accept that - no option. I am in control (at last!)

 

Good luck!

 

BD

[weston83]

OMG, i answerd the phone to ist credit, i didn't know it was them and i asked them to put everything in writing, but they were very persistant and i am ashamed to say they drew me into an argument, the women on the phone was so rude, she said if i don't provide them with an I and E within 7 days then she will cancel the agreement and take further action, i so regret being wound up by them and being drawn into the argument. I thraetened to report them to OFT and she said that she has recordings of me being rude to her agents (i wasn't rude, i was standing up for myself). I told her that they were bullying me and harrassing me and it's causeng me to feel ill, i told her i will not pay more than £50 and i am not willing to provide my employees details or my private finances. I know what your all thinking 'you shouldn't have spoken to them on the phone', well i WILL NOT be doing that again as i am seriously considering changing my number. She just wound me up. I haven't had access to a computer, so i didn't get the template of the harrassement letter until now (thanks for sending it), i will be writing that out and sending it of to them. I told her i will continue paying £50, whether they want to accept it or not, i'm not refusing to pay, she also refused to send me a doa, as she reckons Connault sent me one in 2006, so again another letter for that will go out. Stress, stress, stress and my stupidity by talking to those clowns caused it. Why wont they just let me get on with paying them????

[weston83]

harrassment letter completed. To be sent tommorrow, thanks again for the template and all of your advice, fingers crossed, no more calls.

[Bigdebtor]

weston

 

I would pay the £50 for a couple of months whilst awaiting rersults of SAR. If you don't get the stuff from LTSB (and a copy of the proper NOA on LTSB paper) STOP PAYING. They'll need all the documentation for any court case - so IF they find it, and threaten court again, then you just START PAYING again. I AM CONVINCED they would NEVER take anyone to court who was regularly paying what they could prove was affordable.

 

Good luck

 

BD

[babybear39]

Write, using the DPA, requesting copies of their recorded calls

[stunned_monkey]

Weston, I don't have anything to add to this discussion other than simply to echo wha t others have said. Treat these bottom feeders as the **** they are (how's that for a mixed metaphor?!). If you do speak to them, make it plain to them that you know your rights. I used simply to say "I'm sorry but you're not entitled to that information, I know my rights, I WILL be paying you £xx per month by BACS". They can say what they want, demand as much as they like, and threaten all they want but just stay calm - if you really want to wind them up when they threaten you, there's one sure fire way of doing it...

 

...laugh.

 

Try it, you'll feel so much better

 

(run a search on the forum for the "cheekiness" thread -that should provide some relief)

[babybear39]

It's in the bear garden but can't find it?

[stunned_monkey]

http://www.consumeractiongroup.co.uk/forum/showthread.php?131409

[weston83]

i feel so much better now, i have now taken on all your advice (thanks again) and acted on it, by the way Stunned Monkey, loved the cheekiness thread, i have to admit, i was trying to wind the guy up on the phone yesterday, to a point where he had to get an agent of a 'higher level' onto the phone lol. Now i am going to sit, wait and chill. They will have recieved my 3 page long harrassment letter tommorrow, they now know where i stand and that i will not budge, and i may recieve proof of debt from them, i may not, but i am really not going to let them get to me anymore. Thanks again peeps

[stunned_monkey]

Here's another good one:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?193601#post2093590

[weston83]

Oh my god, why don't they just leave me alone!!!! I had a letter from 1st credit with regards to my complaint, and no surprise there, they have basically disagreed with everything i have said. They said that i have 14 days to give them my financial statement, wage slips and employers details and if they don't recieve it then they will cancel my repayment of £50 and seek full recovery. What should i do?

[stunned_monkey]

Take a deep breath, then re-read this thread from the start. How much of the advice hav eyou followed as yet? ;-)

 

They are NOT entitled to any personal information, only a judge can demand that, and no judge will listen to a case chasing a debt you're already servicing at a rate that's perfectyl reasonable.

 

In a nutshell, I'd suggest doing nothing - or if you feel you have to say something, write to them and tell them that you know your rights and you'll be paying them £50 whether they "agree" to it or not. As I understand it, they would actually have to refund you your payments in order to take you to court because in keeping them, they're accepting your terms (don't take this as gospel though!).

 

If you haven't already, CANCEL ANY DIRECT DEBITS. Make your repayments by standing order, or even better proactively via online banking.

[weston83]

i know, sorry i panicked, i took the advice on all the posts and your right, i shall do nothing. I've already cancelled direct debits so i payed my last payment through standing order. I shall keep making these payments and i shall send them a letter informing them that i will continue paying them regardless of whether they agree or disagree. Thank you and sorry again for panicking, they just stress me out.

[stunned_monkey]

That stress is the only power they hold over you... and don't feel you need to apologise to me! (although I feel properly flattered!)

[weston83]

ha ha you make me laugh, i'm glad i made you flattered lol...thanks for your great advice. You all make me feel so much calmer, thanks again

[babybear39]

Don't forget to report them to TS, the OFT and the CSA for their unreasonable behaviour and also for asking for those personal items!!!

[Bigdebtor]

Weston

 

Report them NOW. Remember what I said earlier about them being most in the spotlight - and in danger of losing their licence! They will NOT take you to court. In fact, in retrospect, £50 is FAR TOO GENEROUS when they haven't sent you the info to prove the debt. As I said earlier, if you don't get this then STOP PAYING ANYTHING after a couple of months. Send an ACCOUNT IN DISPUTE letter and just sit back and wait - don't talk to them on the phone. If you refuse to answer their security questions they CAN'T continue to talk to you - as they don't know who you are and would be breaking the DPA.

 

ABOVE ALL - DON'T PANIC

 

BD

[babybear39]

"Don't panic" and make sure you have your towel with you (from Hitchhikers Guide to the Galaxy by Douglas Adams)

[sillygirl1]

Just remember they do not know how to turn the 'off' switch once their threatomatic machine is started.

 

It should be ILLEGAL for them to continue to harrass when payments are being made. NOBODY'S circumstances change every 3 months so they are being extremely unreasonable expecting continual increases.

 

Debt buying and selling should be strictly limited - but sadly the government seems to welcome this murky industry with open arms.