1st Credit

[Flagg913]

Just started with Payplan and they will be starting talks with my creditors at the end of october,they have advised me to send a £1 token payment to everyone,which i have done...Just had a call from 1st credit who say they do not accept the token payment (even though they have cashed it) and that if i do not pay in full in 7 days they will take me to court,just wondered what are the chances of them doing this? I'm guessing they are just trying to get full payment before payplan get involved,am i right?

 

Also i told them i only wanted to be contacted by letter and they said they had the right to phone me since i owe them money,i assume this also is false and was just wondering where i could find the letter i've seen somewhere on this forum stating that i wish no more phone calls from a company.

 

Thanks in advance.

[DCG]

for the phone harrasment try here

 

 

http://www.consumeractiongroup.co.uk/forum/general/14977-reporting-harassment.html?highlight=harrasment

[damo1312]

Hey Flagg...

 

 

you also might want to look at this (particularly the 'Third Party' paragraph, which relates to their obligations to Payplan & yourself; may have to copy and paste, not sure if link has worked!)

 

Your Rights against Creditors from Debt Questions

 

Good Luck... ;-)

[Flagg913]

Thanks for the link..Unfortunatly i'm no longer using Payplan since i have found them to be awful to get through to and none of my emails ever seem to get through....

I have £100.92 left per month which i was using to pay payplan, which was okay, But then Payplan told me i had to get rid of my £50 overdraft with my bank, i told them if i was paying them all my surplus money then how could i afford to pay my £50 overdraft.

They just said and i quote "well until you do we can't do anything for you,Please send us the £100.92 and when you've cleared your overdraft we'll write to your creditors"

 

They just did'nt seem to listen to anything, so doing all my debts myself,i've worked out all pro rata payments and am sending all offers to creditors at start of next week...

Any advice anyone has would be great.

[damo1312]

Hiya..

 

yeah, my bro is with them, they aren't exactly outstanding...

 

here are a few things I found useful..

 

1) refer back to that page I sent link for... I use it a lot!

 

2) if ay debts have been passed to Debt Collection Agencies (DCAs) then send off a Consumer Credit Act 1974 request (costs a pound.. makes them give you a Copy of Credit Agreement, Deed of Assignment and a Statement of Account, and they are being naughty crims if they don't supply it soon enough... letter and threads on here somewhere.. try Search above)

 

3) If you don't have statements, make Data Subject Access Requests (again, letters and threads on here); costs a tenner, but worth it if you get charges back..

 

4) read the Step-by-step intructions in FAQs for any particular case your making, and ask as you go along if you have any probs..

 

5) If they threaten you, try copying & pasting / quoting from any letters that they send on your thread... 9 times out of 10 its intimidatory bluster, and someone on here will telll you how to stick a rocket up their derrieres...

 

6)Try these various laws it anyone kicks up:

 

Section 40 of Administration of Justice Act (1970)

Malicious Communications Act (1988)

Protection from Harassment Act (1997)

Unfair Terms In Consumer Contract Regulations (1988)

Wireless Telegraphy Act (1949)

 

(PM if you want guidance on which ones are relevant and when, will try!)

 

Poss also Data Protection and Credit Consumer laws too... again use the Search above...

 

7) Report DCAs and rogue creditors to the relevant authorities (OFT, Trading Standards, Information Commissioner, Law Society if Solicitor) at every possible opportunity if you can when you know that they are doing something they shouldn't (again, threads or people on here will tell you which are relevant and when)

 

8) Don't let them bug you, and ask anyone whenever you get stuck...

 

Good Luck

[Flagg913]

Thanks for the advice damo1312, Upto now apart from 1st credit every creditor

 

has been fine especially HFC Bank,Sent CCA to 1st credit they sent a letter back

 

saying it takes at least 30 days, I doubt they have any of the contracts since

 

i never signed anything.Cheers for the advice again.

[andrew1]

Thanks for the advice damo1312, Upto now apart from 1st credit every creditor

 

has been fine especially HFC Bank,Sent CCA to 1st credit they sent a letter back

 

saying it takes at least 30 days, I doubt they have any of the contracts since

 

i never signed anything.Cheers for the advice again.

 

 

Flag913, The CCA letter to the dca is: after 12 days +2 for posting and you receive no response to your request they have to get a court order to enforce the debt. After a further 0ne month ( not 30 days) and they still have not responded then they have committed a criminal offence and the debt becomes unenforceable UNTIL they find the paperwork and supply it. It does not wipe the debt out. However, at that time you can write informing them they have committed a criminal act and report them to trading standards asking what they are going to do to prosecute them. It is a CRIMINAL OFFENCE remember and they could lose their licence .

 

Also, you will only get a deed of assignment if the DCA has actually bought the debt. Make sure you know whether they have bought it or are just acting as a service for the bank in which case the bank still owns the debt.

[Flagg913]

I got a letter from MBNA Europe Ltd saying "Please accept this letter as confirmation that your outstanding balance due under the above account has been sold to 1st credit"

 

Then i got a letter from 1st Credit saying "MbNA Europe Bank Ltd has assigned to 1st credit the full outstanding balance due under the agreement referred above"

 

Also 1st Credit phoned me and i said that i was going to be making a CCA request and they said they would ask MBNA Europe for the documents, i then recieved a letter stating that i had brought up a dispute about the balance on all my two accounts and that they was getting the correct balance.

 

I do not even know what these debts are for.

 

But i recieved a different letter from 1st Credit for my ace cards and gift account stating that i had asked for a CCA, I haven't as i know i owe this debt, What should i do?

 

Thanks in advance for any help.

[andrew1]

One at a time:

 

What you have received from MBNA & 1st Credit seems to be in order - that's what they are supposed to do.

 

Sending a CCA to 1st credit will confirm they have the original signed agreement and deed of assignment (if it's been sold) - just send off the CCA and wait.

 

Have you got all your statements from MBNA or have you sent a Data Protection Act Subject Access Report? If you have you will tell what your charges are to be reclaiming. Once you have decided there is a claim for repayment of charges/interest etc then write to 1st Credit telling them the debt is in dispute and proceed with your claim.

 

As for the ace cards & gift account - I don't quite know what you are saying and what it is - can you expand? Knowing you owe the debt is one thing, knowing that 1st Credit have the rights to it are another - if it was sold to them a cca request would be in order to get the Deed of Assignment etc, They have to PROVE they have a right to collect it, but if they don't own it and are just collecting it for the finance company there's no point. Do Not assume 1st Credit have all the correct documents.

 

Hope that helps

[Flagg913]

Firstly i'll start with the Mbna account,I've not got any statements from MBNA, To be honest i've never even heard of them.I just got two letters stating that i owed £513.00 and £927.00, Haven't sent a subject access report,Do you think i should since i do not know what this debt is for.

 

The ace gifts and cards account i know i own, but recieved letter saying i had requested a CCA on all Three accounts (Ace and the 2 Mbna ones) I have'nt requested one for the ace account but now they say they cannot accept minimum payments until the account has been proved. So just wanted to know what i should do because i wanted to get a payment arrangement set up as soon as possible.

[andrew1]

With MBNA are you saying 1st credit are accepting your CCA request and that they will supply all information about them? I'm a bit confused by your reply. If 1st Credit are asking for money from you for these accounts they have to prove they are entitled to do so, which is where a cca comes in. If you haven't asked for a cca for MBNA or sent the £1 postal order maybe this is something you can write and ask them - get everything in writing. Ask them if they will identify what these accounts are. Maybe its a card you have had which is now owned by MBNA and you took it out in another company name and therefore don't recognise it. Either way you need to know. Ask for the Account numbers and then ring MBNA and ask them what it is and what they have done with it. sold it or what.

 

As for Ace, I presume by 'proved' they must mean they have to identify the owner of the debt. If you want to start paying put the money into a savings account or under the mattress until you know where you are with it. You may know you owe it but don't forget 1st Credit HAVE to prove they can collect it from you first. Please don't just take their word. wait for the CCA replies then you can pay them. That's what I'd do anyway.

[Flagg913]

I did'nt ask for a CCA Request from the 1st Credit for the Ace account, i just got a letter saying that a CCA takes 30 days and after Ace send me the documents i was to phone up 1st credit and agree a payment arrangment or pay in full and that it would take 30 days to get me the relevant documents....

 

Sorry it's been confusing, it's just i'm well confused..I thought usually you have to send £1 and request a CCa, not them just decide to send you one.

 

 

As for the MBNA i'm sending a letter asking what the accounts are in relation too.It says on letter "in regards to a Loan" I only have two loans both with Beneficial Finance and they are both up to date.

[andrew1]

Okay Flag, don't worry, I'll get back to you during the weekend. Bit late tonight. Just bear something in mind that happened to me. I had my ID stolen and someone applied for a crdit card. Devious method too. Could have happened here but lets wait till MBNA reply before getting concerned about that. We'll sort it out for you.