Help me fight the disgusting 1st Credit Ltd

[Guest The Terminator]

Terminator Watch out.

 

Their MO appears to be that with the connivance of Northhampton CC they may apply for an interim charging order without you realising it & which you will only learn of when they apply at short notice (again with what would appear the help of NCC) for a full/final order

 

If they are doing that then they are breaking the civil procedure rules and I wouldn't hesitate in taking proceedings against them.

[Seminole]

Just to clarify one point, a creditor can only apply for a charging order after judgement has been granted. The process is in two stages. An interim order can be made without the defendant being notified. This is normal if somewhat archaic procedure. The final order can only be granted after a hearing to which the defendant will be invited.

 

In practice, it's quite unusual for an interim order to be overturned at the hearing even if the parties have reached an agreement on payments.

 

Charging orders are odious. They allow debt buying scavengers to lock in their profits by grabbing a slice of the equity in your home. If you get taken to court and a forthwith judgement is granted (particularly to the likes of Link Financial) it's vital to make an application to pay in instalments to the court as these sorts of companies will be making charging order applications straightaway.

[tifo]

If they are doing that then they are breaking the civil procedure rules and I wouldn't hesitate in taking proceedings against them.

 

How so?

 

I got a charging order done by 1st credit in this manner last year.

[bigmama59]

my husband has just received a letter from LCS solicitors who are acting for 1st credit even though we are paying off through Payplan. They say despite several letters and numerous efforts to make an arrangement by telephone, he has failed to pay the debt and has been unwilling to agree and maintain an acceptable repayment programme.

They have not been in touch and I know they havent tried anything by phone as we changed our phone number so we didnt get any more calls. Payplan are paying them a payment every month and that is up to date.

They go on to say to avoid the issue of proceedings they want telephoning within 7 days to discuss proposals for payment.

[isuedlowellandwon]

I think it is a disgrace for them to go for charging orders like this, especially when many of you are paying.

 

The original company is letting 1st Credit Ltd do their dirty work so their own reputation doesn't come into question.

 

I will be writing to the directors of various banks about this so if anyone comments please feel free to leave the original creditors details, I will be refering them to this thread.

 

Just to clarify, are they applying for a charging order after obtaining a judgment? I always thought you had to have a judgment first and you couldn't just immediately go for a charging order.

 

They charge 20% APR+, advertise it as "unsecured" then sell it on to the dogs to secure it!

[Guest The Terminator]

How so?

 

I got a charging order done by 1st credit in this manner last year.

 

Because I live in an Housing Association Property.

[tifo]

Because I live in an Housing Association Property.

 

No the question was to this statement. What civil procedure rules are they breaking?

 

If they are doing that then they are breaking the civil procedure rules and I wouldn't hesitate in taking proceedings against them

[sequenci]

bump.

[sequenci]

If they are doing that then they are breaking the civil procedure rules and I wouldn't hesitate in taking proceedings against them.

 

the debtor doesn't usually get notice of an interim charge, they will get a restriction notice from the land registry tho.

[dannyboy660]

my husband has just received a letter from LCS solicitors who are acting for 1st credit even though we are paying off through Payplan. They say despite several letters and numerous efforts to make an arrangement by telephone, he has failed to pay the debt and has been unwilling to agree and maintain an acceptable repayment programme.

They have not been in touch and I know they havent tried anything by phone as we changed our phone number so we didnt get any more calls. Payplan are paying them a payment every month and that is up to date.

They go on to say to avoid the issue of proceedings they want telephoning within 7 days to discuss proposals for payment.

 

Best check with PP, to make sure they have been keeping up the payments. Personally, I would ignore the letters. If you phone them you open a whole new can of worms and the pestering starts again.

 

Check with PP first, but I'm sure you'll find everything is fine and LCS are just trying their luck hoping for a settlement, or to up the payments you are making.

 

Most of all, don't let them worry you, especially if you're already in a DMP.

[sequenci]

i agree with dannyboy, in addition that action is a clear breach of the OFT debt collection guidance and it is certainly worth putting in a complaint to them.

[hiphil]

I have also had dealings with 1st credit Ltd. and I agree they are disgusting.

 

Their actions in your mother's case clearly breach the Office of Fair Trading (OFT) guidance on debt collection.

 

You can download an OFT complaints form from the link below:

 

http://www.oft.gov.uk/NR/rdonlyres/B3999175-A9BC-469D-AD5B-BA284DE36E01/0/complaint.DOC

 

Fill in the form, and send it together with copies of any correspondence from 1st. Credit to Andy Lowther at the OFT Freepost address.

 

If the OFT receive enough complaints about this company, they may cancel their Consumer Credit Licence.

[JonCris]

Best check with PP, to make sure they have been keeping up the payments. Personally, I would ignore the letters. If you phone them you open a whole new can of worms and the pestering starts again.

 

Check with PP first, but I'm sure you'll find everything is fine and LCS are just trying their luck hoping for a settlement, or to up the payments you are making.

 

Most of all, don't let them worry you, especially if you're already in a DMP.

 

dannyboy excuse me if I say that is very bad advice.

 

1st credit won't care if you have an agreement. They will go ahead & obtain 1st an interim charging order & when you don't contest it a full one. It's part of their standard MO to seek them then bring greater pressure to bear. You must start challenging them asap. Issue a CCA causing the debt to be in dispute & stopping themt from taking action. Also they will probably default & you will then have a means of fighting back

[bigmama59]

dannyboy excuse me if I say that is very bad advice.

 

1st credit won't care if you have an agreement. They will go ahead & obtain 1st an interim charging order & when you don't contest it a full one. It's part of their standard MO to seek them then bring greater pressure to bear. You must start challenging them asap. Issue a CCA causing the debt to be in dispute & stopping themt from taking action. Also they will probably default & you will then have a means of fighting back

 

 

Please can you explain what I should actually do now please?

[JonCris]

hi bigmama

 

Read my post again. If they haven't yet issued proceedings send them a CCA by special delivery (not recorded) with a copy to Aplins.........NOW!

[bigmama59]

Who do I send the CCA to? 1st Credit? Who is Aplins?

[JonCris]

Sorry got mixed up.............I had a CRAFT moment...........to 1st credit with a copy to their solicitors.........if any

[PriorityOne]

I think it is a disgrace for them to go for charging orders like this, especially when many of you are paying.

 

I will be writing to the directors of various banks about this so if anyone comments please feel free to leave the original creditors details, I will be refering them to this thread.

 

 

Alliance & Leicester Finance Limited threatened to go for a charging order, despite my regular payments being processed by an in-house DCA over a period of 4 years. This threat was only made by 'phone before Xmas... nothing in writing so far.

 

However, in my (incomplete) SAR info. there is a written reference to someone sending an e-mail to another department to go ahead with the charging order.

 

They are having no joy at the moment though... as the account is in dispute.

[JonCris]

Based on the number of Charging Orders being applied for by this company 1st Credit it appears to me to be a relativley new tactic clearly intended to circumvent the consumers fight to recover penalty charges & more importantly, I suspect, the consumers right to dispute the debt.

 

Having the charging order in place makes it that much more difficult. or at least time consuming, to challenge them.

 

As soon as you get as much as a whiff of their intention it's vital that the debt be put into dispute. In fact I would go so far as to say don't wait for a charging order to be mentioned........If you find yourself involved with this company a pre-emptive strike would be in order.

[dannyboy660]

dannyboy excuse me if I say that is very bad advice.

 

1st credit won't care if you have an agreement. They will go ahead & obtain 1st an interim charging order & when you don't contest it a full one. It's part of their standard MO to seek them then bring greater pressure to bear. You must start challenging them asap. Issue a CCA causing the debt to be in dispute & stopping themt from taking action. Also they will probably default & you will then have a means of fighting back

 

 

"Just to clarify one point, a creditor can only apply for a charging order after judgement has been granted. The process is in two stages. An interim order can be made without the defendant being notified. This is normal if somewhat archaic procedure. The final order can only be granted after a hearing to which the defendant will be invited."

 

Unashamedly cut and pasted from an earlier post by Seminole. Judgement is required before Charging Order.

 

 

To ignore LCS will not matter one jot.

 

If bigmama decides to play ball with them, they will pester by phone and letter and grind you down with constant threats of legal action. If you buckle and make a seperate arrangement outside your DMP, you're sunk.

 

If, and it's a very big IF they do take legal action, there is every chance it will go in your favour if you contest any action on the grounds you have an existing pro-rata with a DMP.

 

It works. The court will rule in your favour and allow the agreement to continue, or more likely, strike out the action completely. They won't find for LCS while other creditors exist and being paid pro-rata.

 

LCS are just trying the same old tactics, I've seen it all before.

 

This might help a bit. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex325_0405.pdf

[JonCris]

Dannyboy agreed............but when the debtor is notified of the application for a final order it will be then that many will discover there is an interim order.......Many will assume that that is game over & not bother contesting....which is what 1st Credit are hoping........as for applying for a final order......they WILL make the application......as there are already a number of such final applications to be heard as part of a CCJ around the country in the next few weeks & months

[dannyboy660]

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.

 

However, if a CCJ already exists in favour of one of the creditors they could take it a step further. But as the above link shows, it won't mean diddly squat in Bigmama case, as she is already making regular payments to several creditors. It's one of the beautiful points of a DMP. Making small but regular payments give you a reasonable amount of protection from their tricks and games. A Charging Order is pointless anyway, unless you're daft enough to go rushing out and sell your house!!!!

 

Its rather an unfortunate thing that most people think if they owe money, the courts are out to get them. That is simply not the case. In the overwhelming majority of cases, when you take away all the legal stuff and the DCA threats, the bottom line is the Judge will just order you to pay what you can afford to pay, especially on unsecured loans. Well, isn't that what anyone would want in the first place?? You can't get feathers from a fish!! And then, you have the courts protection and bye, bye phone calls and pointless letters, you'll just have to put up with your 20 pound a month DCA's!!!. They much prefer to bully and harrass us without a court getting involved, unless you refuse to pay at all. Now that's a different story.

[JonCris]

I agree with much of what you say but perhaps you should tell the likes of 1st Credit thats it a waste of their time.......because they ARE bringing such cases.....one of the earliest hearings I know being this next month of March. Had a continuence not been obtained at the eleventh hour they would have had their judgement by now.

 

So, & this is where we appear to differ, I wouldn't kid oneself that they can be ignored because they won't do anything........they will

[tifo]

in the near future, it will become the standard case where creditors will get an automatic charge on a property if the debtor receives a CCJ, if they have assets.

 

my council debt adviser has been telling me this for a few years.

[bigmama59]

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.

 

However, if a CCJ already exists in favour of one of the creditors they could take it a step further. But as the above link shows, it won't mean diddly squat in Bigmama case, as she is already making regular payments to several creditors. It's one of the beautiful points of a DMP. Making small but regular payments give you a reasonable amount of protection from their tricks and games. A Charging Order is pointless anyway, unless you're daft enough to go rushing out and sell your house!!!!

 

 

 

I haven't got any CCJ's, so far the other creditors have been more than happy with the payments as they have been paid regularly since Feb 2003 and the only one to complain is 1st Credit acting for Citi Cards.

Do you think this is just a threat then?