1st credit chasing me for a Halifax Current Account Debt

[Akurate]

Hi, I had a joint current account with my wife. We had it as a separate account from our main one with another bank. we did not have much in it and rarely used it. I used the card from it from time to time to make online purchases. Unfortunately I forgot how much was in and it went od. I found this out a few weeks later after i got a letter informing me of the situation. I phoned them up to see how I could have got and OD as I never signed up or asked for one at the time. In the meantime they kept applying charges.

 

This was in dec 2007 and they did send letters from time to time and also call me but I always said on the phone that i was not prepared to pay the charges as I did not sign up for an OD. They calls continued and I still offered to pay for the spending not the charges. All went quiet for a couple of years or so. Then I started to be contacted by 1st credit. They have tried all ways to get me to pay and they now phone me almost daily and text me. They also ask for my wife again phoning the house and mobiles daily.

 

I have asked on several occasions for proof that I signed up to an unauthorised OD which I believe is the CCA original agreement. when I first asked for this they went away to get it and never sent it. This went on for months. They then sent me a statement from the bank account saying that they did not need to do anything else. They are now threatining me with a visit from one of their representatives.

 

Please can anyone help? I have made them an offer of £150 to clear it as I do not dispute owing the money I went over by. I spent that it was my mistake. However I do not want to pay the charges as I believe I am in the right. The debt is almost £500 they offered me to settle at £360. I refused.

 

Sorry for the long post, any help is appreciated.

[Crocdoc]

Stick to your guns and never consider giving in. As for the calls you should never talk to these people on the phone. If they call you never under any cicumstances provide them with personal details. Write to them making the offer of £150 as full and final settlement. (Take it or leave it approach) As for doorstep collectors simply tell tem to p--s Off. However they rarely call these days.

[dx100uk]

the bank would have written this off against tax years ago

 

these fleecers are just trying their luck before it goes SB'ed

 

if it is not already.

 

check your cra file

 

see below

 

dx

[Akurate]

I thought SB status was arrived at after 6 years? As this was DEC 2007 then it prob is not. However any help in what I do to fend them off would be useful.

 

Thanks

[dx100uk]

if the bank wanted the money

they would have done something about it years ago

they know they can never go to court

becuse of a fear of a counter claim on the charges

 

can you check her CRA file please

 

see below

 

dx

[Akurate]

Further info for you. I have a copy of my experian credit report from Jan this year. The debt is registered to 1st credit it says date started 02/03/05 defaulted 20/01/09. Looking back I have a letter from Halifax dated 07/10/11 saying that the debt was sold to 1st credit in July 2011.

 

All this is quite confusing to me, as none of the dates seem to tally.

 

Any thoughts ?

[dx100uk]

so you must have hit trouble around jan 09

the default ad thus the account will be there until prob 2016

 

but when was your last financial transaction in/out.

 

who was it that offered the discount in post 1

 

dx

[Akurate]

the discount was offered by 1st credit. last transaction I made was july 08 that was an online purchase which sent me overdrawn and started it all off it recurred in august and sept even though i was well od. The charges continued to be added by them until 31st jan 09. they then closed the account.

 

hope this helps

[dx100uk]

then def ignore everyone

 

its either PENALTY charges

or

PPI

or

un-en paperwork

or

it IS SB'ed

 

very rarely do discounted debts get to court

 

because they are afraid of a counter claim.

 

dx

[Akurate]

Ok, you say ignore? How do I get rid of them and how do I clear it off my file? I need a clear course of action to get it sorted once and for all.

[dx100uk]

full circle then.

 

well if you need it off the file

the only way will be by an F&F offer to 1st credit

with the STRICT condition that the debt is marked 'settled' [NOT partially settled']

and ALL neg data is removed.

 

dx

[Akurate]

So, I offered £150 and they say that they will only accept £370 ish.

 

I really need some advice to let me know if they are acting lawfully.

 

you have not indicated to me where I stand with these guys.

 

Can I keep refusing, is the debt lawful.

 

Do I have a leg to stand on when refusing.

 

I really need to know where I stand.

 

Can you let me know or can you tell me where to look please.

 

So far I am confused with what you have told me. I do appreciate you answering.

 

Just to let you know they phoned again today and spoke with my wife they were being nice and taking the softly softly approach.

 

Kind Regards

[dx100uk]

i think all that is now out the of window annd immaterial.

 

if you want your CRA file clear the only way is to pay them

they offered £150 start ther

 

but you really need to not use the phone ever!!

 

dx

[Akurate]

I really am confused. I have asked for help but nothing you say so far makes sense to me. If you cannot help me that is fine but I wish someone could. I appreciate you answering but I feel I am no further forward. Is there anywhere else on the forum I can look to seek help?

 

I just need concrete answers not vague ideas which keep changing each time.

 

Regards

[dx100uk]

will either you want to clear your file - which will cost you to do it.

 

or

 

you ignore them.

 

they've offered a discount

they'll never go near a court

but that doesn't clear your CRA file

 

simple

 

your choice.......

 

go do some reading on other like threads using the search top right.

 

they are the options you havbe

 

no dca's has ANY LEGAL POWERS

to do anything to you

 

all they do is hold people to ransom that need their CRA files clear

or

spoof people into paying debts that are already dead for one reason or another.

 

dx