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1st credit and old Northern Rock Loan & Card Sold to Co-Op - SB'd - Scotland


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Hello, first post, just loving this forum. It has answered so many questions and removed many fears already but......

 

I have been on a DMP since 2003 with 11 creditors and £53k of unsecured debt. I was with the CCCS until Nov 06 when they got a bit upset that a joint account with an overdraft wasn't on the plan. I went self-admin as until then I had had no bother with any of my creditors. One of my loans was with Northern Rock who passed it on to First Credit a year or so ago. When with the CCCS they were fine now FC are hassling me saying I need to pay £140 pm against my offer of £26 pm. They are threatening me with allsorts of legal rubbish and having read several posts on here am not overly bothered. They are ringing everyday saying the same rubbish which is getting annoying.

 

So from what I have read I should send a CCA request but I have read that this needs to be an executed one although the templates on other threads don't mention this? Do I need the word executed in the letter? Also can you just send a £1 coin or does it have to be a PO or cheque?

 

I have also read that you can request a deed of assignment but not sure if I should be asking for it or how to ask for it?

 

Assuming that they don't reply within 12 days then I believe I can stop paying them? What will happen then? Do they take me to court?

 

I would really like to give them some grief but am unsure how to proceed. Any help greatfully received

Edited by Tartan Barty
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Welcome TB...in the first instance you should request a copy of your Consumer Credit Agreement send them letter 'N' from this link...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Enclose a £1 postal order in each request, do not hand sign the letter, send it by recorded delivery - DO NOT talk to them on the phone...

 

They will not provide you a deed of assignment (they don't have to) - only a properly executed Consumer Credit Agreement with the prescribed terms can be enforced in a court of law - although there are some DCA's who will try it on !!.....they have 12+2 working days to provide this (otherwise they are in default of your request), if after a further 30 calendar days they still haven't provided it they have committed an offence under the Consumer Credit Act of 1974....(if this was me I would stop paying after the 12+2+30)...while you have made a request for a CCA, your account goes immediately in dispute (bearing in mind a debt can be disputed at any stage)....!!

 

I would also write at the bottom of your CCA request that you will ONLY CORRESPOND IN WRITING - ANY CALLS MADE TO YOU WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH....

 

Keep us posted !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Give them 12 working days + 2 days grace....and keep us posted !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Yes....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Right thats the CCA request away today so they will get it Monday SD. By my calculation that give them till the 4th March to send the agreement through. Is that right?

 

Also I sent it to the PO Box address on there last 'you must contact us urgently' letter instead of the register office, is that ok?

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did you send it with proof of postage?

 

did you remember not to sign the CCA letter?

 

If so, it should be OK.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I would always recommend sending things Special Delivery.

 

Recorded only seems to work half the time. You can complain about this till you go blue in the face and not get anywhere. Yes, Special Delivery costs £4.30, and will increase to £4.60 in April 08, but you MUST use it. I always apply for the free confirmation from Royal Mail even if they have "electronic proof". It's a freepost address too, search for "signature request form" if this link doesn't work. http://track.royalmail.com/portal/rm/content2?catId=13900163&mediaId=15100173

 

p.s.

 

Remember they are "1st Credit Ltd", "First Credit Ltd" is a different company nothing to do with this.

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  • 2 weeks later...

I regret to announce that the 12 working days are now up and 1st crudit haven't managed to get an agreement over to me :( I really was rooting for them but obviously they just couldn't make the deadline. Strangely they haven't called me since my request.......I miss them already. Roll on 4th April then the payments stop, unless they manage to find one!!!!

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With all the problems NR are having and the fact that they are no longer offering competitive mortgages with an aim of getting back all the money they have lent, does this site think that they will be pushing hard to get outstanding debts paid now??

 

I have a defaulted loan with them that is currently with 1st crudit but after CCA'ing them I guess it will be passed back to NR who then may choose the court route. People's thoughts???

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I dont think we will see any difference in real terms, so if northern rock were pushy before they still will be and if they werent then no.

however whilst it is 1st credit legal obligation to come up with the CCA it still would come from northern rock, and if they cant find it for 1st credit who is to say they have it at all? no CCA not enforceable debt so court action without this offers a complete defence however that does not mean either the debt does not exist nor some unscrupulous DCAS lieing to you to try and get it.

All comments are well meant but i am not legally qualified only CAG educated:D

 

 

In the slight chance i have been helpful please click the scales:)

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Surprise surprise 1st crudit rang me today. I wasn't sure who the number was so answered. The guy asked for me so I knew it was a DCA but thought I would have some fun:

 

1st Crudit: Mr xxxx I have to tell you that this call is being recorded.

Me: Why do you have to tell me that?

1st Crudit: Because I do, can you tell me your date of birth?

Me: No, can I tell you I am recording this conversation?

1st Crudit: Pardon?

Me: I am recording this conversation

1st Crudit: Can you tell me your date of birth?

Me: Sorry I don't give out that information to strangers, who's calling?

1st Crudit: Rxxxxxd from 1st Crudit

Me: Rxxxxxd who?

1st Crudit: Rxxxxxd Sxxxxx, now can I have your date of birth?

Me: And what company are you calling from?

1st Crudit: 1st Crudit

Me: And your address?

1st Crudit: Is this really necessary?

Me: If you want to talk to me, yes!

1st Crudit: Are you going to give me your date of birth

Me: La La La La In writing only

1st crudit: Pardon

Me: La La La La In writing only

1st Crudit: This isn't helping Mr xxxxxxx

Me: La La La La In writing only

1st Crudit: This is a serious matter

Me: La La La La In writing only

and then I hang up

 

Felt good!!!!!

And if they ring tomorrow they will get the same.

 

No Agreement, no talk

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:D seems to me that the whole debt collecting industry is becoming a running joke!!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Write down the time and date they have called you, if they call again then ask if they have heard of the Protection From HArrassment Act and the Administration OF Justice Act and ask why they are calling you....bear in mind the OFT recommend that it is unfair practice to cqarry on collection of a debt whilst it is in dispute.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Well it would appear that 1st crudit are respecting the fact the account is in dispute and not a single monkey has phoned.....instead they have employed the 1st crudit automated electronic monkey that rings me every 2 days to tell me to contact 1st crudit urgently....have I won the DCA lottery???

 

Will I ring............not while there's breath in my lungs

Am I logging every call.........you bet

Have they supplied an enforceable CCA agreement.......No

 

Keep trying 1st crudit

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  • 3 weeks later...

First you do a formal complaint to 1st credit

 

Address & etc

 

FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE.

On DATE, I sent a consumer credit act 1974 s77-79 request for a true copy of my credit agreement, with the prescribed payment. I have still not recieved a copy of my credit agreement. Please rectify this immediatly, and send me information about your complaints procedure and the person who will be dealing with my account,

 

Yours Faithfully,

 

XXX (Your name).

 

then send a complaint to consumer direct, (do a google), and wait until they give you a final response so you can complain to the F.O.S.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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i think it is a little early, but it won't really harm anything. If you want to do it, merely state "Please also regard this as a s10 notice under the data protection act 1998 to cease processing my data until a true copy of the agreement has been provided."

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I got rid of 1st Crudit very easily... in fact 1 letter did the job :D

 

just keep telling em to bog off... they will get the message eventually :D

THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!! :-)

THANK YOU SO MUCH FOR A FAB NITE LEE! xx

Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

 

02 Apr 2008, 23:55

OfficialLeeRyan wrote:

i like that!! its simple and good and gets the fans involved aswell x x x

 

MY SUCCESSES -

 

1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

 

My mate (Littlewoods/Moorcroft)

300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.

070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...

140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT! :D

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  • dx100uk changed the title to Quick one....Midas and Moorcroft
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