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1st Credit threatening CCJ on expired Default debt for just under 2k EX:HSBC


Melbel
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Morning Caggers,

 

I've not been in these forums for a long time - I've had an old account rear its ugly head.

 

The story is, 1st Credit have bought a debt for just under 2k from HSBC (I think it might be an old credit card, I don't even know) I think I was paying £1 a month in it until sometime earlier this year when I changed accounts and didn't re-set it up.

 

Sorry to sound vague but I had a few of these and they are all old so the details escape me.

 

HSBC wrote to me to inform me they'd sold the debt to 1st and that they'd 'taken the necessary steps to reflect the change of ownership' etc.

 

I have since been receiving a heavy volume of correspondence from first ranging from sending me income & expenditure form to the usual requests for payment.

 

This account was a default on my file however it dropped of sometime over the last 2years . The default was registered around 2007 I think.

 

The account isn't statute barred.

 

I have today recieved a letter from 1st informing me county court proceedings are being considered and a list of what it would cost in legal proceedings on top of the debt.

 

The first sentence reads 'we are considering whether we should refer your account to our legal dept to issue CCJ proceedings against you'

 

I have no idea if there is a signed CCA for this account as I say - it's old and I barely remember it.

 

I'm not sure what to do, can they issue a CCJ against me (I've read elsewhere that they need to default you 14 days before then they can send the CCJ paperwork however this is an expired Default so how would it all work.

 

I'm not sure it's just threats or if they will do it. Should I contact them or ignore them? I'm just looking for advice on the best course of action really.

 

Thanks for reading this

 

Melbel

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Send 1st Credit a £1 postal order along with a CCA request.

In the letter point out that your account contains many unlawful charges over the years that you will be reclaiming [and possibly PPI also depending on the type of debt] so they might think twice

about taking you to Court for what will amount to be a quite small amount in the end even assuming the Judge finds in their favour and that will be uncertain as you will vigorously defend

any case they bring.

 

.

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Send the s78 request and forget about it unless or until they manage to produce a compliant reply

 

Just meaningless threats

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Personally i would ignore it unless it is a court issued N1 claimform, save your bows and arrows for if they issue a claim.

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Thanks Dave. I will do.

 

Martin,

that's what I originally thought I should do,

it does feel like a threat due to the wording.

I'm just worrying if they do start CCJ proceedings will it go onto my credit file?

 

I will also bear in mind the good advice about reclaiming charges and PPI

(don't think there was ppi in the card but if first credit haven't hit the paperwork then they won't know that will

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Nothing will appear on yr credit regarding a ccj until a court grants one and you are a long long way off that happening yet.

You have received a willy waving threatogram, in the hope they will spoif you into contacting them.

Ignore, ignore and then ignore. some more unless you actually do get a claimform

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You've put my mind at rest, thanks Martin. I was just a bit scared cos I've finally got my credit history to normal/decent and didn't want to have it ruined , their scare tactics temporarily worked!

 

I'll keep you all posted as to the next correspondence I receive from them.

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  • 2 weeks later...

Hi all, just wanted to update you all....

Thanks again for everyone's input previously.

 

 

I decided to not contact them and wait to see what came through the door next before sending them a Sar or CCA.

 

So today I've had another letter from them....

 

'A Discount Is Available!'

 

They don't say by how much but ask me to call them to take advantage of their discount offer.

 

I think it's safe to say there will be no CCJ anytime soon.

 

Will keep you all updated.

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Yeah you have to ask yourself why would they offer any kind of a discount if they were confident of a successful claim in the court.

 

Its a phishing letter, trying to get you to bite, safe to ignore everything but a claimform from the court.

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  • 4 weeks later...

Hello all.

 

Since my past contact about this I have received two more letters. One letter was another discount offer (this time showing the amount they are willing to discount it by) and the second one I'm going to post now.

 

They have gone back to threatening CCJ.

 

If they were to issue County Court action, would I get a chance to send them a CCA request before anything happens? I'm trying to avoid contact with them until absolutely necessary.

image.jpg

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Just another scare tactic

Of course if or when a claim were to be issued one of your first actions would be to send a CCA request

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Post *9

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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if they were going to issue one, theyd have done it. Not sent you multiple threats, then a discount letter.

 

As already stated, ignore everything but a claim form.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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just wanted to check there was no need to panic just yet.

nope, not yet :)

it will go to wherever (prob just back to the bottom of the intray :)), and then they'll prob come back saying something like 'we have decided not to take action at this time'. and then offer more % off.

but, if they do happen to decide to take legal action then they shld send a formal letter before claim re any such action.

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