Help me fight the disgusting 1st Credit Ltd

[dannyboy660]

Hi bigmama,

 

In my opinion, yes, it's just a threat. Providing you keep up the payments to your DMP there's not a great deal they can do, for the reasons stated above. If they do get a CCJ it will be for the amount you are already paying, and a charging order if you default on a CCJ will mean nothing unless you sell your property. You should certainly check with PP though, and make sure payment is being made.

 

tifo,

 

With regards to automatic charging orders, this would be a bit pointless as the majority of bad debt is unsecured loans, and many borrowers do not own their own property. The EU want the UK to introduce legislation to remove the barriers to European banks and lenders operating in UK and create a level playing field. If this goes ahead, it will be standard practise to sign an "Attachment of Earnings Consent" form BEFORE the credit is approved as part of a standard agreement, as usually happens on the continent. The lender is guaranteed a return if the borrower defaults,..... and no more need for DCA's.

 

UK Gov seem to have warmed to the idea after passing CSA debts out to private companies for collection. They've realised they could be missing out on a nice little earner. It'll take time, but it's already heading that way.

 

All the best.

[dannyboy660]

....bigmama, I forgot to say I don't see any reason why can't do the CCA request as was mentioned by Joncris earlier, but I really don't know a great deal about that approach. Perhaps someone else knows the procedure for issuing CCA's when you are already paying through a DMP???

[bigmama59]

Hi bigmama,

 

In my opinion, yes, it's just a threat. Providing you keep up the payments to your DMP there's not a great deal they can do, for the reasons stated above. If they do get a CCJ it will be for the amount you are already paying, and a charging order if you default on a CCJ will mean nothing unless you sell your property. You should certainly check with PP though, and make sure payment is being made.

 

 

 

I've checked with Payplan and they are making the payments regularly.

[dannyboy660]

bigmama,

 

I don't think you've got anything to worry about. I stick by my original post and say ignore LCS, they're trying it on.

 

It might be worthwhile trying the CCA request. Although having been already paying the debt through a DMP could complicate things. Hopefully someone will know a bit more.

 

All the best.

[tifo]

tifo,

 

With regards to automatic charging orders, this would be a bit pointless as the majority of bad debt is unsecured loans, and many borrowers do not own their own property.

 

The reason for an automatic charge is that for unsecured loans/credit cards the creditor will get a charge, making it secured.

 

I think some debtors may not have a property, but a lot will have. They may also have other assets such as a business share etc.

 

The court will take all assets into account and make a charging order based on what the debtor has.

[screwedbythem]

can somebody clear how all this stands under the data protection act. The DCA buy the debt, but without the original paperwork/agreement cant enforce the debt. The original creditor ie. credit card company cant keep all those glossy bits of paper we all signed, so after say 5 years dispose of them. So how much information can they pass on to the DCA without breaking the data protection act, & if they still have the original agreement surley passing it over to a 3rd party is breaking it, especialy if they have sold the debt on.

[Seminole]

can somebody clear how all this stands under the data protection act. The DCA buy the debt, but without the original paperwork/agreement cant enforce the debt. The original creditor ie. credit card company cant keep all those glossy bits of paper we all signed, so after say 5 years dispose of them. So how much information can they pass on to the DCA without breaking the data protection act, & if they still have the original agreement surley passing it over to a 3rd party is breaking it, especialy if they have sold the debt on.

 

That is an even more interesting question than it appears. One of the requirements of the DPA is that data controllers shouldn't retain data for longer than it is needed. If they have sold the debt on and therefore assigned all rights and responsibilities, why do they continue to hold data relating to that agreement. I guess it comes down to whether loan documents fall within the definition of data for DPA purposes but I have some difficulty in understanding how they are not obliged to pass on transaction histories etc.

[Guest The Terminator]

Well I'm afraid to say this lot are not the sharpest knives in the drawer.I have just received a letter from their solicitiors LCS who happen to be their legal division.At the bottom of the letter it gives an 0870 No to ring which is breaching the OFT debt guidelines.So to cut a long story short I mis-dialled the number and called Barclaycard their client and spoke to someone in their complaints department and explained the situation pointing out that as they are the original creditor they are responsible for the conduct of their agents and that their integrity would be called into question if the matter ends up in court.They have asked me to put my complaints in writing which I'll be doing.In the meantime I'll also be writing to this shower that I will not be dealing with them and will only speak to the original creditor.I can't wait for their reaction.

[Guest The Terminator]

As for charging orders I suggest anybody in that situation reads Civil Procedure Rules 71-75 and also Section 1(5) of the Charging Orders Act(1979)

 

I'll get them nailed one way or the other

[Guest The Terminator]

Could one of the mods delete this it seems to have double posted itself.

 

Thanks

[thereshope!]

I assumed bigmama didn't have a CCJ.

 

As she was in a DMP and already paying, the courts don't allow a CCJ, unless it is in line with the existing pro-rata payment anyway. It would be unfair to the other creditors.

In fact, they don't take you court because they know only too well what the outcome will be, and they're just wasting their money. Why spend money when a judge will order the payments to continue as they are anyway?? As long as you keep up your payments there's nothing they can do, whether those payments be to a DMP or a CCJ. By Law they have to accept any reasonable offer of payment That's partly why DMP's exist, to take the pressure off the courts.

 

 

Just stumbled across this thread and had to comment.

 

Dannyboy,without wanting to offend you,I have to tell you that the above information is very flawed.:o

 

1st Credit served a CCJ on me in july 06 despite maintaining payments to them through a dmp with the cccs.

The debt was sold to 1ST CREDIT in march 06 and they threatened me from day one with further action.

 

I received forms from Northampton CC and stupidly admitted the full debt as I was unaware of penalties being unlawful at the time.

 

I sent a budget summary etc and copies of statements proving that I had a dmp and had maintained payments .

Judgement was made for a forwith payment ie in full.

 

I continued making my payments.

 

In december I was sent a letter from a solicitors serving me with a sealed copy of an interim charging order,and advising me that a hearing date had been set.

 

Luckily by this point I had found the CAG and asked for help and got it !

 

I managed with the help of joncris to get the hearing transferred to my local court and a stay of 40 days initially.

 

I asked for a further stay as Ist Credit and MBNA had not complied with sar cca.

 

Last week,I attended my final charging order hearing and it was very nearly granted,despite the fact that non-compliance of cca ,penalty charges being unlawful and only being aware of this fact since december as well as various other reasons, were cited.

 

I managed to persuade the judge to give me a further 28 days to counter claim for a set aside ,but I only just managed it.

 

So, the point I am trying to make is this.

I maintained my payments through a dmp, and the CCJ was still granted.

 

The reason creditors seek a charge is to secure your debt. It doesnt matter that you maintain your payments and have done for say,years.

At the end of the day,if I decided to declare myself bankrupt and the charging order wasnt in place,IST Credit would get pennies.

On the other hand, if I happened to declare my self bankrupt when the charging order had been granted they would get the full amount of the debt as at time of judgement.

 

Bigmama, if 1st Credit have threatened further action you can be pretty sure they will do everything they can to enforce it .

I hate to say it, but they are most likely in the process of applying for ccj now.

 

Do as joncris advised and act now.

Send cca and sar and get this debt in dispute.

And whatever you do, dont admit the debt if and when they serve CCJ papers on you.

 

If you need any help with 1st credit pm me and i'll tell you all I know about them.

 

Hope xx

[tifo]

1st Credit do this with everybody.

 

I got a forthwith CCJ, an interim charging order and then a final one despite showing 1st Credit were in the wrong.

 

I think most judges do not have a problem with charging orders and i have heard that these will be standard with a CCJ in future if you own a property.

 

I got a bad judge i supposed ....

 

However, another DCA that i was paying regularly after a court order did try to go for a charging order after a few years but got turned down by the judge. The judge was not satisfied that they had a valid reason. Since they had not turned up at the original hearing when i got the court order, this went against them.

[pmhcfc]

Hi everyone. Found this post via a search on 'process server'.

 

I serve legal documents and was interested in 'isuedlowellandwon''s comments. Here is a view from the other side.

 

Some months ago I visited an address in Liverpool. Home of a ghastly family v.well family, lets call them 'The Jones'. They are very well known, (Father, Mother, Sons etc), for basically borrowing vast sums of money and never paying it back. They live in a house which, (I am told), was purchased using loans/credit cards. Despite massive equity they offer creditors nominal repayments and make false allegations against creditors.

 

I was instructed to serve a petition. Simply handed it over, job done, other than this foul common women screaming abuse at me. I fact SHE told the neighbours more than I did! Next thing I am accused by the son of serving it in front of neighbours, breaking DPA, the old girl then falsely claimed to be sick and to have fainted etc.

 

The complaint went to the OFT, Law Society, Police, T.Standards, creditors, DCA etc. Fortunately for me I am ex force (police) with a totally unblemished record and was a local magistrate at one time. I have of course provided all parties with a statement and I think the families tactics have backfired. It has been made very clear to all that this family are basically debt evading liars and their 'cards are marked'. I doubt if the OFT/TS's will view future complaints seriously!

 

Fully appreciate that the original post was doubtless a genuine case, but I think it important that the forum is aware that there are persons out their spreading lies as well!

 

Rams

 

Not sure why you posted this message....You might want to be careful posting such personal views, could be seen as libel. I've read thousands of posts on here and can safely say that not one person on this site is a debt evading liar.

[Gingerheid]

All valid points; I don't see why they shouldn't be posted. I have done process serving and there unfortunately plenty of chancers around.

 

At the end of each week I had an amazing number of complaints.

 

In my record day were I only did 8 calls and didn't see one person in, but was accused of smashing a garden gate, frightening a dog (yeah right), posting a letter that wasn't in an envelope that his wife saw, emptying someone's wheelie bin over the garden, and interrogating a pensioner.

[Rameses]

I did not post the individuals name or address. Who would I be guilty of libelling?

 

I posted so that persons here could appreciate that on occasion those making allegations are not always telling the truth. What if I had not been ex police and/or an ex magistrate? Would people have believed this woman? It is conceivable that an individual could have lost their job and livliehood over a pack of lies!

 

What worried me in this case was that an individual (edit)could complain about me to very important regulatory bodies without worrying about any comeback. They WERE guilty of slander and libel, but can I afford to take action against the 'old sick woman' for this? Sadly, no. If only I was a millionaire!!!

[pmhcfc]

I did not post the individuals name or address. Who would I be guilty of libelling?

 

I posted so that persons here could appreciate that on occasion those making allegations are not always telling the truth. What if I had not been ex police and/or an ex magistrate? Would people have believed this woman? It is conceivable that an individual could have lost their job and livliehood over a pack of lies!

 

What worried me in this case was that an individual (edit)could complain about me to very important regulatory bodies without worrying about any comeback. They WERE guilty of slander and libel, but can I afford to take action against the 'old sick woman' for this? Sadly, no. If only I was a millionaire!!!

 

I'm not going to get drawn into an argument with you...Just one piece of advice, seeing as you are new here. Go and read some threads about Debt Collection Agencies...Cabot, Aktiv Kapital, Mackenzie Hall, and many many more...You want to see lies? then go and have a read...Perhaps if these DCA's abided by the laws a bit more then there'd be no need for sites like this one.

[pmhcfc]

All valid points; I don't see why they shouldn't be posted. I have done process serving and there unfortunately plenty of chancers around.

 

At the end of each week I had an amazing number of complaints.

 

In my record day were I only did 8 calls and didn't see one person in, but was accused of smashing a garden gate, frightening a dog (yeah right), posting a letter that wasn't in an envelope that his wife saw, emptying someone's wheelie bin over the garden, and interrogating a pensioner.

 

I'm sure you're well aware that that type of job (wrongly or rightly) comes with an element of 'risk'. i.e, you should know what to expect, I mean..how many people did you visit that were pleased to see you? If you're going to do a job like that then don't whine because you got/get those sorts of accusations leveled at you...Sheesh, if you played rugby for a living, would you moan every time you received a 'cheap shot'? It comes with the job...get over it.

[Rameses]

Totally agree. As I said, most DCA's are (edit). Any breaking laws are wrong and deserve everything they get.

 

That said, important that we get some perspective here. Not all complaints are genuine!

[pmhcfc]

Totally agree. As I said, most DCA's are (edit). Any breaking laws are wrong and deserve everything they get.

 

That said, important that we get some perspective here. Not all complaints are genuine!

 

I totally agree with you...of course they're not.

[rivig]

hi there

 

Back to 1st credit!

 

After weeks and weeks of phone calls and letters they have finally accepetd my offer of payment through cccs! (which cccs said they would as they have no other option (debt was from citi cards..... awaiting my SAr replies)

 

I'm very sad to hear about you mum , the bastards should be locked up or treating anyone in such a way!

 

they can be very horrible but I was just as rude and forceful back! !but! I did speak a human the other day who seemed to have got the ball rolling, not the usual numpteys who think it's their right to be rude and disgraceful!

 

rivig

[Zimmie]

Guess we all know why Rameses is now some form of debt collector/baliff type and no longer a police officer or magistrate!!

[Gingerheid]

Most likely because he's retired I'd assume? Quite common way for an ex polis to pay the bills.

[remus]

Hi all, any further developements with 1st credit?

have read the thread with interest, as LTSB have passed my loan to them, and the chargeing order keeps getting quoted:(

Seems a bit hopeless at the moment, and my CAB have said that the Judge is placing them.

so a mite concerned:eek:

[JonCris]

Have you sent off your CCA if not do so now! Then if they don't comply you can tell the court who cannot make any kind of enforcement order. In fact the court should strike out their claim if they are unable to provide a true properly executed 'signed' agreement

 

The only thing is you have to make sure the court understands this as many are so used to rubber stamping creditors applications they don't understand this