1st Credit Limited being a pain.

[lee79]

So this company is chasing me for a loan I had with City Financial, maybe around 2005 (not 100% sure of the date).

 

At the moment I am unemployed and not able to claim JSA due to my wife working part time so offered £5. Most of my creditors have accepted this without question - but not these.

 

I've completed a financial statement but only put my details on there. It was just easier because I assume as it's in my name alone then my wife's income is none of their business. That and the fact that if I did include her income then I would have to mess around showing where the money goes and still come to the same conclusion - that being I can only afford £5.

 

They are now demanding that I prove I am unable to recieve JSA by sending in a letter from the DWP. The only problem is that the letter I got from them states that I can't recieve JSA because I don't wan't it lol.

 

This couldn't be any further from the truth as recently we've had to start a new claim for Tax Credit and they had a back-log of around 6 weeks meaning that although they paid the back-log we still had very little money whilst it was sorted out. Believe me, I could have done with the money so why would I apply for JSA, go to town and wait around for an hour and then walk in and say I don't want the money. I've even had to sell loads of things to make ends meet until they finished the new claim.

 

Anyways - I'm not sure what to do now. Do the DWP send these letters out on request and what if they still claiim I don't want the JSA as opposed to not actually being entitled to it?

 

Also - as the debt is in my name am I allowed to keep mine and my wife's finances seperate?

 

Thanks for reading - Lee.

[sequenci]

Hello there. Do you know when the last payment would have been?

[Conniff]

You are quite right not to include your wife on 'your' debt, it is none of their business.

 

So they won't accept it, write back and tell them 'tough', that's all you get until my circumstances improve and then I will look at it again.

Don't be afraid of them, there is nothing they can do to you.

 

That depend of course on your reply to the above by sequnci

 

Once regular payments are being made, they won't take it any further.

 

Now ask them, if you don't already have, for their banking details and set up a standing order, don't pay any other way except for online banking transfer. Make sure it is an amount you can afford to continue paying without a break.

[lee79]

I don't I'm afriad - do you think I should look into this? Normally you get a little postering from DCA (in my experience) and then they accept the offer.

[sequenci]

Hi again, the reason why we're so keen on the dates that if there has been a clear six year gap between now and your last payment it could be that the debt is 'statute barred' - which means you may not have to repay it.

 

Have a read of this:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

[lee79]

I'm probably going to try this approach. I don't see the point in trying to please them with a large promise of repayment only to not be able to afford it. Been there and done that and it's no good for either party.

 

The only other argument that they could put up was it would take years to pay back. Now I'm not a maths wizard but even I know this so no need for them to let me know. That's not the point though and I cannot understand how they think I can magic money from no-where. What get's me the most is it's common sense so they are being funny just for the sake of it.

 

Is there any possibility that if I do this they will/can still act like I've not come to an agreement and continue in a way that they would normally progress the account in the absence of any agreement?

 

Thanks.

[lee79]

Hi again, the reason why we're so keen on the dates that if there has been a clear six year gap between now and your last payment it could be that the debt is 'statute barred' - which means you may not have to repay it.

 

Have a read of this:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

 

I'll have to look into it. The problem with me and my wife is that up until seeing this site we've pretty much just got on with paying them. That added to the fact that they change DCA for no reason makes it hard to keep track of who got paid what, when and why.

 

I did call them today as I was that wound up and they did mention something had been paid on the account so I assume that is within the last few years at the most.

[lee79]

Also - where do I stand with companies adding £12.00 admin fee with every letter?

[Conniff]

The only other argument that they could put up was it would take years to pay back.

 

That's not an arguement, if you can't afford it, you can't afford it full stop and if you are paying £1 per month and that means it will be 300 years to clear, then so be it.

I actually heard a judge when setting out the amount to pay ask the defendent if they smoked as that needed to be taken into consideration.

 

Also - where do I stand with companies adding £12.00 admin fee with every letter?

 

You claim them back.

[caledfwlch]

Also - where do I stand with companies adding £12.00 admin fee with every letter?

 

DCA has no right to charge any collection fees to you. A fee apart from anything would be a contractual thing, you have no contract with the DCA.

[lee79]

DCA has no right to charge any collection fees to you. A fee apart from anything would be a contractual thing, you have no contract with the DCA.

 

I see - the letter was worded so that it was the original lender who was adding the fees. The letter says 'In accordance with our clients trading terms and administration charge of £12.00 has been added to your balance'. The bolded and in the quote should be an but this is exactly how it is written (just so you know I've not copied it across wrong).

[nks22]

I'm on benefit and the creditors I've made agreements with have all accepted offers of just £1/month with a suspension of interest charges. In the offer letter I included something like "While you are not obliged to accept my offer, should you seek a County Court Order I will draw the court’s attention to this offer and your awareness of my current financial difficulty..." as suggested by someone on here.

[lee79]

These guys just won't get the message. I sent them £5.00 because I was getting a bit bored with them and now they've sent me a letter, complete with a correct new balance so I know they've received the payment prior to sending the letter. In the letter they have said that 'given the situation we intend to pass your account to Connaught Collections for them to pursue the full outstanding balance'

 

On the reverse is quite a detailed 'Common Financial Statement' for me to fill in. The only problem is as I've already stated I am not receiving any money and am currently being supported by my wife so I don't see how I can fill this in as they have no right to her details. They are aware of this but seem really stupid in accepting this information.

[PGH7447]

they have no rights to your detials either, you tell them what you will pay you do not let them dictate what that amount is, simply write back and state

 

Dear Fools

 

I am offering £x amount per month by standing order.

 

Please submit to me your bank detials and I will arrange this payment, if you intend to refuse this amount then I strongly suggest that you arrange court action and we will let a judge decide how much I can afford to pay you.

[lee79]

they have no rights to your detials either, you tell them what you will pay you do not let them dictate what that amount is, simply write back and state

 

Dear Fools

 

I am offering £x amount per month by standing order.

 

Please submit to me your bank detials and I will arrange this payment, if you intend to refuse this amount then I strongly suggest that you arrange court action and we will let a judge decide how much I can afford to pay you.

 

Sometimes I feel like addressing them in such away lol.

 

I've sent them another email basically stating that if they cannot be bothered to accept my offer then I'll send it regardless. And as they refuse to agree to it then I reserve the right to amend the amounts sent on a monthly basis should my situation at the time require it.

[Stigman]

I sent them £5.00

 

Your on JSA, £1 per calender month via Standing Order and NO MORE!!!!

 

1st Credit have no rights to yours or your families personal details as mentioned in previous posts.

 

If they don't like the £1 pcm, then tough, let them take you to Court, get it ordered via a Judge for £1 pcm and if it takes you until your 1,672nd birthday until the debt is cleared then so be it.

 

Stigman

[PGH7447]

I offered £10 a month 4 years ago, and I am still waiting, they keep writing and saying please make an offer, I now reply when I can be bothered that is, to see the letter dated xx/xx/xx

 

then they go quiet for another 6 months or so

[Old Cogger]

I offered £10 a month 4 years ago, and I am still waiting, they keep writing and saying please make an offer, I now reply when I can be bothered that is, to see the letter dated xx/xx/xx

 

then they go quiet for another 6 months or so

 

 

Proves what idiots they are, only interested in emptying your pockets, greedy bastards! Hang them!!!

[lee79]

Just an update on these fools. Bearing in mind that they are well aware of my financial situation, that being I am unemployed and unable to claim JSA due to my wife working PT the have decided that I can afford a monthly repayment of..............................£50.00 lol.

 

They even mentioned a financial statement being enclosed when in fact there was none! Very professional.

 

Now, usually I like to sort things out in a professional way - but these idiots are really not listening. Now I am getting really bored with their stupidity so what can I do that will make them listen?

[PGH7447]

Nothing you can do, they only heaer/read what they want to hear/read - send one last letter with your offer and then add at the bottom that any further letters sent by you will incur a £25 charge for materials and time, payable within 14 days. then watch them throw their teddy in the corner

[lee79]

Nothing you can do, they only heaer/read what they want to hear/read - send one last letter with your offer and then add at the bottom that any further letters sent by you will incur a £25 charge for materials and time, payable within 14 days. then watch them throw their teddy in the corner

 

I know, it's just frustrating dealing with such idiots. It appears not only are they greedy and unrealistic but of very low intelligence when it comes to money.

 

I like the last bit but will they listen and would they pay up if they send me more letters?

[PGH7447]

No to both questions, but its nice to wind them up

[lee79]

No to both questions, but its nice to wind them up

 

Think I will do that lol. Got to the point now where I don't really care what they have to say and might as well have some fun with them

[lee79]

I've sent off a strongly worded complaint with the fee info at the end - see what they say, they'll just ignore it but hey, at least they can't say I'm ignoring them.

 

I think I'll send a complaint to the OFT as well as I've been more than accommodating with them ignoring my situation.

[Bandit127]

It took me many, many years and a lot of stress to realise that creditors do not behave like responsible adults.

 

And another couple of years (and a lot of courage) to stop treating them like adults.

 

They are all greedy, bullying children. Treat them as such. If they stamp their feet, ignore them.

 

Or give them something to cry about.

 

You can do that by starting with a CCA request. If your loan is indeed from 2005 then S.127(3) applies and they will need the original agreement to get a CCJ. If they do not have the original agreement then they cannot enforce the debt. It is very, very likely that they do not and it will cost you £1 to find out.

 

If you can establish that they do not then you have the moral and legal high ground.

 

Your honour counts for nothing with them. Be in no doubt about that.