help with 1st credit!!!!!!!!!!!!!!!!!!! !!!

[maureen1]

Im just wanting some advice please.

 

My problem is i had a credit card off capital one and couldn't afford the payments.

It got send to 1st credit I

i made the arrangement's to pay every month on the 26th which i have been doing (£21 per month)

 

i have had a telephone call off 1st credit today saying that as i paid a payment to early ( i paid on the 12th Aug instead of the 26th Aug) i have broken the agreement and the bailiff are coming out to take my car and belongings ?

 

the woman i spoke to was adamant i had to pay the full amount due immediately (£ 5000)

 

i told her i don't have that kind of money

 

she said ok we'll give you a reduction bringing it to £2500 to pay immediately

again i said i don't have that kind of money

 

i was asked how much i could afford to pay in full

i said i could only really to afford what i was already paying now the 21 a month

she said that wasnt good enough and kinda bullied me into paying £30 a month (which i really cannot afford!)

 

now she has said this is for 3 months only ??

hope anyone can advise me on this

because im at my wits end

thanks in advance

[maroondevo52]

Hello and Welcome,

 

The woman you mention is talking twaddle, we always advise never to phone these people, keep everything in writing.

How old is the card and I take it there will be a stack of charges you can re-claim.

 

 

I'll move this thread to a more appropriate Forum, I will send you a private message with a 'link' to it, please continue to post on this thread.

Regards.

 

Scott.

[maureen1]

Thankyou that would be great, I'm new to this site so finding it abit hard to navigate round and also my head doesn't feel as though its on my shoulders at the moment!! The cards about 4 years and its not getting interest added on now.

[coledog]

Hi. Their behaviour is absolutely disgraceful! You have come to the right place.

[maroondevo52]

Hi,

 

Send 1st Credit a CCA request........................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

It is a letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

Do you have a ll your statements for this account ?

[silverfox1961]

Hi,

I would report Worst Credit anyway as they are not following the OFT's requirements imposed on them last year.

http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf (have a look at 1.2)

 

Anyhoo, I would SAR Cap1 not just to get the statements but also to get your account history and see if they have followed the rules

[Blondmusic]

This just shows the sheer greed of the DCA's. They get paid early and they threaten to send the bailiffs out. There is nothing to say you can't pay early. I would have thought they would be grateful for the payment being early rather than late. DCA's never cease to amaze me with their greed.

[harrassed senior]

All good advice, but just a little info to put your mind at rest.

 

Here threats are nothing short of criminal.

 

You are paying what you can afford - if you cannot afford £21 then don't pay that much, set an amount you can manage and stick to that, a judge, should it ever end up in court, would call them time wasters - you are paying, what more do they want.

 

Secondly, they have to have an enforceable Agreement to go anywhere near a Court, which is the reason you have been advised to send of a request for one.

 

In the unlikely event of Cap 1 producing one, then and only then 'could' they take you to Court, bearing in mind what I mentioned above.

 

Now, should a judge, who is the only person entitled to your I & E information, decide that you can only afford £1 per month, then that is what he will order.

 

So long as you pay what is ordered there is nothing they can do. However, if you miss a payment they (DCA) can then apply to the Court for a Warrant of Execution which would allow a bailiff to make an appointment to visit you and assess what you have that could be sold to repay the debt.

 

So to sum up the advice, STOP worrying, they have NO powers, wait for the result of the CCA request and then come back for further help. In the meantime do not answer their calls, send the harrassment letter as advised.

 

You can and should report them to OFT and TS here: http://www.consumerdirect.gov.uk/contact

 

Forget all about them and have a good weekend.

[maureen1]

Can i just say a really big thankyou to everyone who has been so helpful i will keep you all informed with what happens .I had no sleep last night through worrying but with the help of you lovely people on here im sure it will all be ok ..Once again thanks very much . Maureen

[maroondevo52]

Hi, maureen.

 

Harrassed senior has hit the nail on the head, don't let these people get to you, that is what they are trying to achive.

 

Send the CCA request then tell us how they respond, and like I said earlier, if there are any charges on the account, you can claim these back.

 

Regards.

 

Scott.

[PGH7447]

dont you just love the 1st credit phone drones, demand their complaints procedure and complain about the stupid woman, if they phone again, just say in writing and put the phone down, lets see them threaten rubbish in a letter.

 

You listening 1st CRUD, sort your phone drones out

[creditcardmug]

Just to commend the advice of harassed senior above, excellent advice, keep the thread updated with anything your worried about on this

[weston83]

I am also having my battles with 1st credit, they are a bunch of clowns!! I also suffered the sleepless nights, the constant worrying, etc. They also demanded more money a month out of me and when i challenged them, they said i've got a stinking attitude (very proffessional) anyway, stick to your guns, they may try and get more but don't give in. If they try and phone you, like they did with me, just say, 'i will not confirm any details with you, please can i have all corrospondence in writing'. Don't even confirm your name. And definatly send them an harrassment letter. They have already had a ticking off from OFT back in Feb 2009 for their bad debt collection practices, i'm sure if enough people complain to the OFT, then something will be done about these 'ignorant jobs worths'. License revocation would be ideal. Keep us posted and please do not worry

[MONX]

I see Ist Crudit are up to their old games again.

 

As others have said, the woman you spoke to was bullying you into doing something you cannot afford to do. If it were me I would stop paying anything pending the reply to the CCA request and then, only then if they come up with the goods arrange a payment you are comfortable with. Other than just being greedy there is no other reason for the call she made, early payment doesnt default a payment plan.

 

When (and if) they send you your credit agreement, post it up on here (minus any personal details like name and address etc) and let the experts on here look at it, if it is enforceable then negotiate with Ist credit (in writing) an amount you are comfortable with. If it isnt enforceable you tell them to go whistle.

 

They will scream and shout and threaten but at the end of the day if they werent so greedy you wouldnt have been pushed into taking action.

 

Never speak to them on the phone again, you have no record of what is said. If it is in writing you can use it in your defence should it come to any litigation. They are bullies and just want you to pay no matter what your personal circumstances are.

 

Another thing, please tell me you didnt give them your debit card details or set up a direct debit with them for the higher payment amount? If so you need to cancel the DD/card and get another from the bank. They can take any amount out they deem fit. Much better to set up a standing order at your bank (if you want to continue paying). That way you have complete control of what is going out.

[creditcardmug]

Again excellent advice from Monx above, please take it onboard

 

The 2 main points we all make clear on here

 

1. Do not speak to them on the phone...period!

2. Do not sign anything, just type your name. and always send by at least recorded signed for, it its at all important

[maureen1]

Thanks everyone ive sent the CCA letter off today however ive still paid the £30 monthly payment they wanting today aswell as im petrified they will come and take my car if i don't pay it ! they had already threatened me they knew i had a car on the last telephone call(i never told them?) and said it would be taken !!! I'm still really worried that by doing this they are going to be EVEN firmer with me and more threatening but i know i have all your help on this forum ! Thankyou so much Maureen

[Guest Cartaphilus]

I'm still really worried that by doing this they are going to be EVEN firmer with me and more threatening but i know i have all your help on this forum ! Thankyou so much Maureen

Forget what this evil, wicked human being has been bullying you with. The car stuff is just another variation on 'we know where you live' to scare you. That wicked woman probably wouldn't have the guts to say that to you face to face. She's a nothing, a non-entity on the other end of a phone. She'll go home, or probably have a good laugh about how nasty she was today to someone - yes, it can and does happen, as it was exposed by one DCA on a TV show last year - but you are better than she is.

 

They can write what they like to you, say what they like but it will not change the unalterable fact that if they cannot provide an agreement once you've made your request ... they are powerless.

ive still paid the £30 monthly payment they wanting today aswell as im petrified

Pay them no mind, ignore any phone calls from them, any letters until they provide what you have now requested. Personally speaking, I'd wish such a person like you've had to contend with were put behind bars for doing this to you, to anyone.

[weston83]

they are clearly causing you alarm and distress, that is harrassment. I would write a letter of complaint. They say this to you over the phone because they wouldn't have the balls to put it into a letter. That is why i never deal with the idiots over the phone. Requesting a CCA is your right, it is hard standing up to them, but it is the best way. Stick to your guns and please don't let them worry you, they are ****!!

[Guest Cartaphilus]

They say this to you over the phone because they wouldn't have the balls to put it into a letter.

Precisely.

[creditcardmug]

Stop worrying, they cannot even think about doing anything to you until they have a court order, and we are miles away from there.

You have nothing to worry about here...enjoy life, and let these sick people try to get on with theirs

[maureen1]

Hi and once again thank you for everyone who has replied on my thread,i just wanted a bit more advice ,as you will know i sent the letter off asking for CCA on Wed 8th well today i received this letter should i just ignore it ( writing that was so much easier than doing it )[ATTACH=CONFIG]21677[/ATTACH]

[maureen1]

Oh dear not sure what has happened to the letter ive posted on here ?

[coledog]

Can you summarise what the letter says?

[maureen1]

ok it says the following ;

 

Our records indicate that you have broke the agreed installment arrangement.In these circumstances the full balance of £4650.84 is now due and payable . Please contact the office immediately on ..................

 

the letter is dated 7th September

[coledog]

Ignore and Ignore. Wait for response to CCA request - 14 working days and then put account in dispute. Have you checked receipt of the letter at http://postcode.royalmail.com/portal/rm/track?catId=22700601&gear=authentication

 

Do not speak to them on the phone.