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1st Credit


Deedy
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Hi there,

I have recently received a letter from 1st Credit in connection with an alleged debt of £284 last payment made in 2009 via a Debt Management Company - they have produced a statement of account but has no reference to the DMC or original creditor.

 

The debt has been chased by 3 other DCA's from 2010 to 2012 and one produced a 16 year old credit agreement which did not contain the necessary prescribed terms for them to enforce and after I advised them of this in writing, they haven't bothered since, until now 1st Credit have picked up the baton again!

 

In their letter they have advised that they are contacting the original creditor to obtain a copy of the Credit Agreement and will be in contact again when it is received.

 

Can they proceed further with this ie can they put any defaults on my credit file or enforce the debt just on the statement of account?

 

I have not acknowledged this debt.

 

Thanks in advance for any help!

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Hi Ford and thanks for your reply and informative link!

 

The original credit agreement is dated 1998 and does not contain the "prescribed" terms required to enforce it and on highlighting this fact to two previous DCA's, this resulted in them selling the alleged debt on and taking no further action which I assume means they could not enforce it. I'm just waiting for 1st Credit to produce a copy of the agreement.

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Morning Brigadier!

 

If the original agreement pre-dates the changes made to the CCA, how can it be compliant?

 

I've already received one from a previous DCA that did not contain any of the prescribed terms which is why they did not pursue the matter or are you suggesting 1st Credit may produce something that is not strictly "legal"?

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Missed that sorry 1998?

 

 

Let's just say that such things have been tried, probably in the hope that the alleged debtor has no knowledge of the CCA etc.

 

 

Have you sent a CCA request to 1st Crudit?

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Yes Brigadier and they are currently "liaising" with the original creditor.

 

 

Hi Deedy, 'liaising' or concocting something??

 

 

As to your credit file question, the debt I would expect to have been defaulted by the original creditor and all 1st Crud can do is add their details the default date Cannot be changed.

 

 

Have checked your CRA files?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Brigadier,

 

Concocting is probably the correct term! The beauty is, I have a true copy of the original agreement that was sent to me by another DCA, so if 1st credit try a recon on me, it will be identified and I'll report them.

 

Haven't checked my CRA files but have had no problems getting credit - maybe I should check just to make sure they haven't registered anything recently.

 

The last letter I received from them was rather long winded and actually apologetic but I wouldn't trust them an inch!

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Hi Brigadier,

 

Concocting is probably the correct term! The beauty is, I have a true copy of the original agreement that was sent to me by another DCA, so if 1st credit try a recon on me, it will be identified and I'll report them.

 

Haven't checked my CRA files but have had no problems getting credit - maybe I should check just to make sure they haven't registered anything recently.

 

The last letter I received from them was rather long winded and actually apologetic but I wouldn't trust them an inch!

 

 

 

Hello Deedy,

I would be a good idea to check your credit files for this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The old UE agreement that they sent you, did it have your signature on it?

 

If it did then they do not have a leg to stand on even with a compliant recon because you just say to the judge, yes I did sign an agreement, here it is, as you can see it does not contain the PT's and therefore S127 applies.

 

Not that it would get that far

Any opinion I give is from personal experience .

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I'm fully prepared for anything they can throw at me Fletch and they have also been pre-warned that I am in possession of a true copy of the original agreement which will be compared to any documentation

they send me and if any changes are identified, I will have no hesitation in reporting them to the OFT!

 

I've got absolutely nothing to lose and would dearly love to be a fly on the wall when they receive my letter! :wink:

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Oh you are such a spoil sport telling them that you have a copy of the UE original.

 


Hahaha! I know but I couldn't contain myself and am more than happy to ruin their day as they have ruined countless other poor soul's days by the very nature of their job! It feels good to have the upper hand for once!
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Deedy please take care with dealing with 1st Credit assume nothing, just wait and see what they come up with.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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.. just wait and see what they come up with.

 

ditto, maybe don't 'pre warn' them of certain things atm? there are always 'ghosts in the machine'.

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