DCA threatening CCJ - 1st credit & Citi financial

[dx100uk]

intended to frighten you into contacting them

 

don't

 

no doorstepper has any legal rights

they are NOT bailiffs

 

its just a threat.

 

dx

[SteveH2508]

Muck Hall are just about the lowest of the low in a very low industry. If any of the lowlifes were going to take you to court it would have happened by now. File the letter under I for idiots (or A for a**holes if you want to find it more easily) and get on with your life.

[SteveH2508]

Note - may visit your property. I have been tempted to compose a letter to the effect of:

 

"for the purposes of your Health and Safety duties to your employees and agents I would suggest that your risk assessment includes a timed run carrying a doorstep (having first carried out the requisite training for lifting heavy weights). I must advise you that my dog can cover the ground in 5 seconds so I would suggest that your doorstep collector can do it in 4."

[coledog]

If Muck Hall are involved it has probably just about hit rock bottom!

[Enron]

This might be handy for you, edit to suit if you wish to send.

 

Essentially it's been passed onto another DCA.

 

--

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

[Epsilon]

Dear dx100uk, SteveH2508, coledog & Enron

 

Thank you very much for your replies, advice & humour!

 

I mistakenly thought 1st Crud were rock bottom. Is it really possible to go lower?

 

I'll wait and see if Muck Hall write to me suggesting they might make a doorstep visit and then I'll use the doorstep letter above.

 

Epsilon

[Epsilon]

Well, I didn't have to wait very long to hear from Muck Hall.

 

"Reference: x

Client Reference: x

Pursuers: 1st Credit Limited

Original Creditor: Citicards

Principal Sum: £x

 

NOTICE OF OVERDUE ACCOUNT

 

Dear x

 

We are instructed by our client to recover the outstanding balance of this Overdue Account.

 

Despite repeated requests for payment your overdue account with our client still remains outstanding. Accordingly, we may now have no other alternative than to advise our client to take such further action as may be appropriate.

___________________________________________________________________________________

 

This letter is to inform you of our client's intended action, even if you do not adknowledge (sic) this.

 

It is now imperative that you contact this office within the next 72 hours to settle this account. By doing so, you are showing an interest to resolve this matter and we will endeavour to come to an amicable conclusion to this matter.

 

Should you decide to ignore this advice, our client will not hesitate to instruct the appropriate action be taken against you to recover the outstanding balance in full.

 

To avoid any further action, payment must be lodged at this office within the next 72 hours. If this is not possible please contact x immediately.

 

Important: If you are not the named person above please contact us quoting Address ID to stop any further communication.

 

Yours sincerely

etc"

 

Obviously I intend to ignore.

 

Epsilon

[dx100uk]

but it does not say WHAT action they are going to take

 

but intimates court again.

 

prob another letter.

 

even if not read by you!

 

 

dx

[Epsilon]

Letter received from Meritforce Doorstep Collection Agents

 

"AUTHORISED COLLECTOR VISIT

 

Due to non-payment of the above we have been instructed by Mackenzie Hall Limited to collect this debt on their behalf.

 

An authorised collector may make a visit to your property within the next 10 days.

 

Should our collector inform us that no positive commitment towards clearing the debt has taken place, your account will be returned to this office and formal proceedings may be considered.

 

If you do not want our collector to call and would rather arrange settlement, you must contact our Clients Mackenzie Hall Limited on xxx asking for xxx before the

 

6th December 2012

 

Should you fail to make a payment and action is taken, additional costs may be added to your debt.

 

We look forward to hearing from you. No more reminders will be sent.

 

Yours sincerely"

 

This is from the "Doorstep Collections Manager" at Meritforce. The one piece of good news I see on here is that 'no more reminders will be sent'!

 

I guess my best action is to send Meritforce the doorstep letter that Enron kindly provided on 10th November above.

 

As always, all advice is gratefully received.

 

Epsilon

[Old Cogger]

send then this:- Recorded Delivery

 

 

[ATTACH]39691[/ATTACH]

[dx100uk]

IMHO ignore

 

you've had discounts letters

 

dx

[SteveH2508]

Here is a chance to enjoy yourself.

 

You could think about drafting a letter including the following thoughts.

 

Health and safety risk assessments

 

1) Has your doorstep collector done a 'Heavy Lifting Course'? - some of these doorsteps can be quite weighty.

2) How quickly can the doorstep collector run? - the family dog can do the front path in x seconds - can the collector do it in x-1 seconds?

 

I'm sure you can think of other angles as well.

 

The short answer is that doorstep collectors are a rare as rocking horse poo - it is extremely unlikely you will see one.

[Epsilon]

New letter received from Muck Hall:

 

"REDUCED SETTLEMENT OFFER

 

Dear x

 

Despite repeated efforts for payment by our client, the above account remains unpaid. Our clients are unaware of any legitimate reason for non-payment. However, they are willing to accept a reduced settlement figure in order to draw the matter to a close.

__________________________________________________________________________

Our offer of full and final settlement = £x

To be paid no later than x date

__________________________________________________________________________

 

Payment can be made by calling our offices on etc with your debit or credit card details, or by using one of the alternative methods on the reverse of this letter.

 

Our client would prefer an amicable settlement, however, should the settlement amount not be paid by the specified date, they will not hesitate to take such further action as may be appropriate.

 

Should you have any questions, please telephone our offices on telephone number etc."

 

Seems to me I've received many letters similar to this already. As always though, any advice is gratefully received.

 

Epsilon

[dx100uk]

so in jan2011

 

you got your first discount letter

 

every couple of months you get another one

 

what diff about this one.....

 

NOTHING IGNORE THEM

 

if and ONLY if your get a CLAIM FORM FROM THE COURT

 

do you need to keep posting up stupid letters &

wasting your time typing it out....

 

no!

 

enjoy xmas

 

dx

[Epsilon]

Thanks for your advice dx. I will enjoy my xmas.

 

Epsilon

[Epsilon]

Although I've sent the doorstep reply letter to Muck Hall by recorded delivery, it's been ignored:

 

"ATTENTION - REQUIRES IMMEDIATE ACTION

 

Our client 1st Credit Limited, has instructed us to commence with pre-litgation (sic) doorstep visits against you for the balance outstanding. To avoid this action a monthly repayment plan must be in place within the next 7 days. You can set your Direct Debit arrangement by telephone, calling one of our operators on 0844 etc.

 

We require a first payment of £x on 03/02/2013, followed by instalments of £x from 03/03/2013 until the balance is cleared.

 

No response to resolve this matter will leave us with no option but to sanction a doorstep visit to your property by our field collectors, Meritforce.

 

Yours faithfully etc"

 

What's best? Resend the doorstep reply letter by recorded delivery again?

As always, all advice is gratefully received.

 

Epsilon

[Epsilon]

For anyone following this saga, here's an update.

 

1st Crud have sent through exactly the same letter as I posted on 9th November, except that this time, they've decided to engage the services of Credit Security Limited.

 

Credit Security have then written to say:

 

"As Field Agents for the above Client we have been instructed to collect the above outstanding debt.

 

If we do not hear from you within the next 10 days a Doorstep Collector will be instructed to visit you to discuss your circumstances and arrange a suitable repayment programme.

 

To avoid this action please send a payment or repayment proposal etc"

 

I will send them the standard Doorstep letter and see what happens.

 

Epsilon

[dx100uk]

pers i'd stop the letter tennis

 

dx

[Epsilon]

Update - it's been a while since I've posted anything but 1st Credit have become active again.

 

CSL wrote a couple more letters threatening doorstep collections but their last letter was in June 2013.

 

1st Credit have sent annual statements each October plus “Special Low Discount Opportunity” letters.

 

1st Credit have made credit searches in Oct 15 and Apr 16 with the agency Call Credit with the indicated purpose of debt collection.

Are they allowed to do this?

 

In April 2016 I received a Notice of Assignment letter from Citifinancial:

“This letter is to inform you that, with effect from 27/05/2008, under a written assignment,

we have assigned your contract to 1st Credit (Finance) Limited of…

This means that we have assigned to 1st Credit (Finance) Limited the outstanding balance as at that date

and all of our rights and interests in our agreement with you under the above account reference number.

 

 

This letter is our formal notice to you of the assignment.

From now on you must direct all payments due under the agreement, as well as all correspondence and enquiries,

to 1st Credit Limited, the servicing company for 1st Credit (Finance) Limited at…

 

Although the assignment does not effect (sic) the terms of your agreement,

you should note that from now on, no variation, amendment,

release of waiver of your obligation to make payment may be made

or granted without the previous written consent of 1st Credit (Finance) Limited of 1st Credit Limited, on its behalf.”

 

A few days later, I received a letter from 1st Credit to introduce themselves!

They also stated in the letter, “We ask you to contact this office immediately so we can agree payment terms with you.”

 

Then, I’ve received a ‘Let Us Help’ letter from 1st Credit:

“If we don’t hear from you, we can’t help.

We are the first in our industry to achieve the highest 3 star accolade from an independent assessment

of customer survey responses carried out by ‘Investor in Customers’.

 

From the first time we speak to our customers we endeavor (sic) to understand individual circumstances

and discuss the details in a constructive and confidential manner.

 

Please contact us on … to discuss the repayment options available to you based on your current financial circumstances.

 

 

Alternatively, please refer to the available contact methods at the top of this letter.

Should no contact be made with 1st Credit an escalation in collections activity may be considered,

which could have a detrimental impact on your credit file.

We would prefer to not pursue this course of action and encourage you to engage with us to reach a resolution.”

 

Very helpfully they include an income and expenditure form for completion.

Also amazing they are bragging about received a 3 star accolade!

 

I’ve recently opened accounts with Clearscore (data provided by Equifax) and Noddle

(data provided by Call Credit) and there is nothing showing for either 1st Credit nor Citifinancial.

Is this just a fishing expedition by 1st Credit?

 

Should I send them the Statute Barred letter, amended to my own circumstances?

 

I’ve made no payments to either Citifinancial nor 1st Credit since 2008

and although I had to write to 1st Credit in 2011 regarding telephone harassment

and threats of doorstep collection activity,

 

 

I clearly stated at the top of the letter

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT.

 

As ever, thank you for any advice you can give me.

 

Epsilon

[SabreSheep]

Read post 64

[Epsilon]

Ok thanks.

[Epsilon]

I've just received a letter from 1st Credit headed:

Bankruptcy proceedings are being considered.

 

They go on to say,

"You haven't begun repayment of this debt.

Regrettably, we are considering whether we should issue a statutory demand under the Insolvency Act (1986)

, which could result in bankruptcy proceedings being issued against you." etc

 

I'm tired of receiving their threats and I think I should send them a statute barred letter

as then the onus is on them to prove it's not statute barred.

 

 

They did send me a statutory demand back in 2008.

I applied to the court to have it set aside.

I turned up on the due date.

They didn't.

Obviously it was dismissed.

 

Epsilon

[Guest]

sounds like a template collection letter. seems unlikely that they will do another demand. even if they do, it shld be well barred so no worries.

up to you whether to send a barred letter, if you are sure it is barred. or just continue to ignore their templates, until something material happens.

[dx100uk]

even if the debt is SB'd

they can still ask for payment

and you can ask them to go away.

 

though one thing they shouldn't be doing if it is SB'd

under the FCA CONC rules is threaten court.

 

I wonder if it might be in order to ring or send a letter of complaint to the FCA?

 

dx

[Epsilon]

Thank you Ford & dx100uk for your advice and support. I'll think about what to do this weekend.

 

Epsilon