Do I have to Pay pls help

[souljahslim]

HI, I have been paying 1st credit for 2 /3 months now, over the last week i have taken so much info of this site and wish I had read it 3 months ago.

 

I have a debt with 1st cred of around £500 left now, the thing is according to my credit reprt i dont own HSBC any money, so what should i do , now that I have started paying them will I have to continue to pay them or as the original debt is more than six years ago now should i jus leave it and ask them to prove the debt is mine. I know about the limitation act would this still apply

 

I have heard bad thing about 1st credit am a lil worried, but if i dont have to pay then i wont i would rather spend it on other debts that i have

[rippedoffagain]

Hi souljahslim

 

unfortunately if you have started repaying them, then I believe, you have confirmed the debt, and the 6 year limit now doesn't apply.

 

You should still start a CCA request for a copy of agreement, as if they don't have a true copy, they may not be able to enforce the debt.

[stan5131]

You can still ask HSBC for a full SAR request. The statute of limitations does not apply with bank charges as the fact that they were unlawful has been hidden from you. Make sure you send this by recorded delivery. Also send a CCA request to the DCA and enclose a £1 postal order. Also make sure you send this by recorded.

 

If HSBC come back with the answer that they dont have records further back than six years, post back here and let us know.

[souljahslim]

thanx guys, i have rquested a cca from hsbc

[JonCris]

No.........Leave HSBC out of it.

 

Request it from 1st credit using the Section 77-79 CCA request As they have probably purchased the debt & if not able to supply a signed true copy of your original agreement they have never been entitled legally to claim any money from you.

 

You can then bring a claim for a full refund of ALL payments you have made + interest against 1st credit.

 

Ain't life great!

[souljahslim]

hi there ok i will ask 1sr credit for a cca, when u say make a claim if they dont have the agreement how would i go about doing this, is it thorugh the small claims court or would i write them a letter asking them for the money back, also should i stop paying them or should i continue with the monthly payments as i was planning on clearing the £400 left as I get my bous in feburary, thanks 2 every1 who replied

[JonCris]

The same way you would recover bank charges. Only your argument would be that as 1st credit where not legally entitled to pursue you for the debt you paid by mistake & want it back.

[souljahslim]

HI jon, I have never claimed bank charges, but my understanding is that I would start off with a letter to them and then eventually take them to the small claims court. Would I be able to claim the court fee back as well

[Seminole]

Hi souljahslim

 

unfortunately if you have started repaying them, then I believe, you have confirmed the debt, and the 6 year limit now doesn't apply.

 

You should still start a CCA request for a copy of agreement, as if they don't have a true copy, they may not be able to enforce the debt.

 

 

As far as I'm aware you can't restart the Limititation Clock after the six years have passed. If there is a six year period during which the debtor doesn't make a payment or acknowledge the debt in writing then the debt becomes unenforecaeble. After that period has expired, the debtor doesn't restart the clock by making a payment or acknowledging it.

 

I'm prepared to be proved wrong on this but if it's not right, then it makes a mockery of the purpose of the act.

[rippedoffagain]

Thames Credit tried to get me to acknowledge a debt after "er" 12 years. Its a few years since I researched this, so I stand to be corrected!

[souljahslim]

i HAVE A FEELING THAT THEY WONT HAVE ANY EVIDENCE THAT THE DEBT IS MINE. IF THIS IS TRUE THEN CAN SUM 1 PLS RECOOMEND THE NECESSARY STEP TO TAKE TO RECLAIM OFF 1ST CREDIT THE MONEY THAT I HAVE ALREADY PAID THEM

THANKS

[rippedoffagain]

Send the CCA letter with a £1 postal order.

 

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

 

Letter N.

[souljahslim]

actually the default was removed in dec 2006 i started to pay in oct 2006 so the limitation act will not apply, I believe ,as i have acknowledged the debt (silly me) however if they dont have the credit agreement document do i still need to pay them even tho i have been paying I have requested a CCA from them, my thinking is if they cant prove the debt is mine then why should I pay

 

I dont think they will be able to send the credit agreement to me, what i wanted to know was if this happens how will i get back what I have already paid them

[rippedoffagain]

If they can't provide a copy of agreement,

 

Write to 1st Credit

 

Dear Sir

 

Re Account xxxxxxxxxx

 

I have mistakenly paid your company £xxx, and request you repay this amount as a matter of urgency.

 

You have failed to supply a copy of the alleged agreement, and therefore the alleged debt is unenforceable.

[souljahslim]

thankyou

[JonCris]

If you acknowledge the debt after 6 years the clock starts ticking again. That's why many DCA's resort to all sorts of tricks to try & get you to acknowledge the debt. If your speak to them on the phone then some WILL claim that you have acknowledged it..........so avoid all contact other than a letter telling them to stop annoying you as the debt is time barred