Papers served by solicitors acting for 1st Credit (Finance)

[FlyboyAgain]

I have just had the Sherriff's men at the door, serving me papers on behalf of solicitors acting for 1st Credit (Finance).

 

They are in relation to an unenforceable credit card agreement that has been doing the rounds since 2008.

Several companies tried it on with no luck and the letters have been dying away. Until now, that is.

 

The papers mention bankruptcy, which seems a bit harsh though I think this is an underhand scare tactic.

 

There IS a 'denial slip' for me to fill in, should I feel that I do not owe the creditor the sum demanded.

I must fill this in and send it within 3 weeks of today (it's going Recorded in half an hour) but what's stated afterwords is a tad worrying, should I not do so:-

 

6 If, within the 3 week period.......you have not take the steps mentioned (deny liability or pay up)... you will be made bankrupt by the court.

 

Can they really do that?

And why are they coming after me, knowing there's no agreement?

HAs something been changed in the law recently that allows a DCA to come after agreements that have previously been deemed unenforceable?

 

All advice grateful.

[sequenci]

Hello there. How has this agreement been deemed as unenforceable? Has it already been to court?

[FlyboyAgain]

I'd have to get into the loft and dig the files out. I recall something about the T&Cs being absent, etc. It has been doing the rounds since 2009 and, no, it has no been to court.

[sequenci]

It would be down to you to challenge them on the grounds of unenforceability if they bring further action. Are you a home owner or is the property in which you live rented?

[FlyboyAgain]

Homeowner. This is a new tactic; I've never heard of this one before. How can they come after me when they know that even the bank could not provide an enforecable CCA?

[FlyboyAgain]

This is under Section 7(1)(d) , Bankruptcy Scotland, Act 1985.

[sequenci]

it would be down to you to raise the objection.

[FlyboyAgain]

To whom? The sols acting for 1st Credit or to the court?

[sequenci]

Send the denial slip, you have three weeks to do this - keep evidence that you have done so - ensure you cite your grounds.

[FlyboyAgain]

Many thanks. I shall support it with letter to previous DCAs and the bank. I have also heard that 1st Credit have been warned for using this stat demand tactic before.

[sequenci]

Many thanks. I shall support it with letter to previous DCAs and the bank. I have also heard that 1st Credit have been warned for using this stat demand tactic before.

 

Sure have. It could be worth notifying the OFT that they're at it again!

[FlyboyAgain]

Without a doubt, I shall. Plus, Ive just noticed that the figure mentioned in the Stat Demand differs from the purported debt. That bit of info I'll hold in reserve!

[dx100uk]

check your credit file too

on the statute of this debt

 

dx

[FlyboyAgain]

check your credit file too

on the statute of this debt

 

dx

 

Why? In what way will that assist me?

[dx100uk]

its not been known for them to chase SB'ed debts?

 

dx

[FlyboyAgain]

Can't see how this is stat barred as last payment - after receiving CCA - was in 2008. Thx for the suggestion, though.

[dx100uk]

well i hope 1st credit are listed as the owners then

else they cant take you to court

 

dx

[FlyboyAgain]

Yes, I have that on my list for them. Watch this space.

[FlyboyAgain]

well i hope 1st credit are listed as the owners then

else they cant take you to court

 

dx

 

How do I find that out, that they own the debt? It has been passed around several companies prior to them. Also, I've considered DSARing them; do you think that's worth it at this stage, if at all?

[dx100uk]

the cra file will tell you the owner

 

dx

[FlyboyAgain]

Thanks. I guess you mean my own credit file?

 

Experian approach under way.

Edited February 17, 2012 by FlyboyAgain

[FlyboyAgain]

well i hope 1st credit are listed as the owners then

else they cant take you to court

 

dx

 

This gets better: Doing my draft letter to accompany denial slip and have notice that the Stat Demand states 'assigned' debt.

[FlyboyAgain]

Well, it looks as though they've bought the debt as no mention of the bank on the file. Denial letter away.

[FlyboyAgain]

Sols supplied assigment letter from bank (Which I now do recall) but have supplied an application form that does not link me to the debt; the separate T&Cs supplied do not contain my signature.

 

Any futher advice, please?

[FlyboyAgain]

The ratbag solictors have just refused to comply with the DSAR I sent them citing legal professional privilege. Can they do this?