1st credit/hfc bank legal action letter help

[craiggizmo]

Hi New to this, I have just received a letter from 1st credit saying i owe £2000 or they will take legal action, I have many debts that are all over 7 years old due to divorce and redundancy and have had many letters from lowell,reds/conaught in past and simply ignored them and they gave up 2 years ago, so this one has caught me a little off guard, if the debt exists this too will be over 7 years old, I have just applied for my credit score to see if this debt exsists if it does it will be stat barred, I would just like some info on - 1 have i messed up by ordering credit report(can they see i have done this) 2- will they take legal action, 3- is it poss i have ccjs against me and dont know as i have moved 5 times with work in 8 years. thanks

[Stigman]

Hi Craiggizmo,

You have not stated what the debt is for? Credit Card/Loan/Overdraft etc.

In answer to your questions...

1, DCA's and the Credit Reference Agencies are in bed together, in the future it may open the flood gates for you to receive loo paper through the post.

2, Whatever the debt is for, legal action (if any) is a long way off as yet so don't lose any sleep.

3, If you have CCJ's registerred against you at a previous address that you were not present at at that time then you can get them set aside.

If you know you have not paid or acknoledged the debt in the last 6 years, just send the Statute Barred letter and see what they come back with.

Post it on here minus your name, address, reference numbers, full amount and any barcodes.

Best Wishes

Stigman

[cerberusalert]

1 have i messed up by ordering credit report(can they see i have done this)

It has probably alerted them yes.

2- will they take legal action,

It's a typical letter trying to get your attention, send them this;

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

 

Yours faithfully Print name do not sign

3- is it poss i have ccjs against me and dont know as i have moved 5 times with work in 8 years.

Yes but you can check online at http://www.trustonline.org.uk/ it will cost £12 & you'll have to enter all your addresses.

 

Any CCJs over six years old will have dropped off and cannot be enforced without the courts permission & this is rarely if ever given.

[craiggizmo]

Thanks for quick reply , i think it was a pc world account but not sure ,i know i also had a flexi loan with them before things turned really bad. I also have others from those times rbos (never contacted me) , and 2 hsbc (lowell) will these start chasing to because of credit report, i have not viewed it yet as i am awaiting a pin through the post.

[craiggizmo]

Should I just sit back and wait before going into a full panic, it has taken me 7 years to get back on my feet, now this

[cerberusalert]

Which credit reference agency is it? Because if it was annualcreditreport they won't know you've checked your report.

[craiggizmo]

Equifax credit report i think and i have not viewed it yet, and also is it true these companies make false paymens to stop debt becomin stst barred, sorry to be a pain .

[cerberusalert]

is it true these companies make false paymens to stop debt becomin stst barred,

There favourite trick is to claim a payment was attempted which is meaningless.

[rhos123]

hi, craiggizmo upon checking you credit report from these credit ref companys i belive they hit the red alert button to every dca in the land, this i found out after taking out a free 30 day free trial offer. i was soon indeed bombarded with dca threat letters on old c/c debts

[craiggizmo]

Ive just worked it out that its been 7 and a half years since any payment on my debts so am i right to think they have no legal standing to request any money, also if i have ccjs will these have been applied for straight after the default on each debt and therefore also have dropped off. If i ignore letters and these debts are stat barred can they take any action or are they just killing trees for nothing.

[craiggizmo]

Rhos123 what was the outcome did any get any joy from you as indeed i have taken the 30 day trial but not entered the pin yet

[cerberusalert]

Technically they could have applied for a CCJ anytime within six years of the a/c becoming delinquent. however if they have obtained one using a previous address and they are less than six years old you could apply to have them set aside. If they are older than six years they would need to apply to a court for permission to enforce in any case.

 

Considering they have not mentioned any CCJ in their letter they are either unaware of a CCJ themselves or one doesn't exist.

[cerberusalert]

Incidently, unless you entered all your previous addresses when you requested your credit report I doubt whether they'll link you to any debts anyway.

[rhos123]

Ive just worked it out that its been 7 and a half years since any payment on my debts so am i right to think they have no legal standing to request any money, also if i have ccjs will these have been applied for straight after the default on each debt and therefore also have dropped off. If i ignore letters and these debts are stat barred can they take any action or are they just killing trees for nothing.

 

i suspect you know the answers:-) yes yes yes.

[craiggizmo]

so i shouldnt panic then ????????? they cant do anything?

[cerberusalert]

Send the letter in post #3 first to see exactly what it is they're chasing & then if it is in fact older than six years (five in Scotland) send the Statute Barred letter.

[rhos123]

Rhos123 what was the outcome did any get any joy from you as indeed i have taken the 30 day trial but not entered the pin yet

 

hi they indeed did not get any joy from me! it makes no diffrence you have not entered the pin once you submit your your details to thier systems the red alert light in all dca offices will light across the land!

[craiggizmo]

Thanks, what could happen if i ignore it as this is what i have done in the past as really wasnt strong enough to deal with it.

[craiggizmo]

Thanks all for the advise, as i said im new on here , please can you tell me if letter 3 is the one above in this thread and what is set- aside. Thanks

[rhos123]

yes the letter in post3 by cerb is the one to send

[cerberusalert]

what is set- aside. Thanks

Click -> Setting aside