1st Credit

[beero7]

Please help! I had a credit card with MBNA for £4000. back in 2000, i took out a loan and this was cleared (as far as i was aware), that was the last i heard about this until 29/03/2007 when i received a letter from 1st credit say i owed £2307.42 (not even the balance on the card). I could then make a settlement payment of £1800.00 there and then or they would declare me bankrupt. Since then me and my wife have received threating phone calls (i dont know how they got either mobile phone number especially my wifes as we had not even met when i had the credit card) and letters. Since they threatened to come to my house and remove goods to the value of the debt, also they said that they were putting a charge against our jointly own house for £3173.30, i reluctantly agreed to make monthly payments to clear this (even though i am still adimant i dont owe it) and to also stop the stress and arguements that were going on between me and my wife as she was scared of being in the house with our newly born child in case anyone turned up to take away our furniture. After the first payment was taken i was told that 1st credit would send out direct debit forms so that the payment could be taken monthly but these have never been received (its now been four months). The next correspondence i have had has been a Judgement for Claimant in default form for £3104.40. I don't know what to do!! I have borrowed the money from my parents to clear them and be rid once and for all but as i looked for a phone number for LCS solicitors to tell them i was sending a cheque your forum came up - as you can imagine i have not send a cheque but really don't know what to do now? After re-reading all the letters from 1st credit i have three different amounts that they are chasing and none of the match the original debt of the card which as far as i still aware was settled in 2002 by Welcome Finance when i took out my loan. I have tried to contact Welcome Finance to get written proof that they settled my credit card but to no joy. The most annoying this is that either Welcome Finance have £4000 of my money or 1st Credit have got details that they should not have had access too.

[ODC]

Let them contact you in writting ONLY and state this everytime they call. Make sure you log all the calls for a future complaint.

They are a bit slow on the uptake in that regard so you may have to resort to the Anglo Saxon and ask the telephone threat monkeys 'What part of F**K OFF do you not understand ????'

[veryweary]

Please help! I had a credit card with MBNA for £4000. back in 2000, i took out a loan and this was cleared (as far as i was aware), that was the last i heard about this until 29/03/2007 when i received a letter from 1st credit say i owed £2307.42 (not even the balance on the card). I could then make a settlement payment of £1800.00 there and then or they would declare me bankrupt. Since then me and my wife have received threating phone calls (i dont know how they got either mobile phone number especially my wifes as we had not even met when i had the credit card) and letters. Since they threatened to come to my house and remove goods to the value of the debt, also they said that they were putting a charge against our jointly own house for £3173.30, i reluctantly agreed to make monthly payments to clear this (even though i am still adimant i dont owe it) and to also stop the stress and arguements that were going on between me and my wife as she was scared of being in the house with our newly born child in case anyone turned up to take away our furniture. After the first payment was taken i was told that 1st credit would send out direct debit forms so that the payment could be taken monthly but these have never been received (its now been four months). The next correspondence i have had has been a Judgement for Claimant in default form for £3104.40. I don't know what to do!! I have borrowed the money from my parents to clear them and be rid once and for all but as i looked for a phone number for LCS solicitors to tell them i was sending a cheque your forum came up - as you can imagine i have not send a cheque but really don't know what to do now? After re-reading all the letters from 1st credit i have three different amounts that they are chasing and none of the match the original debt of the card which as far as i still aware was settled in 2002 by Welcome Finance when i took out my loan. I have tried to contact Welcome Finance to get written proof that they settled my credit card but to no joy. The most annoying this is that either Welcome Finance have £4000 of my money or 1st Credit have got details that they should not have had access too.

 

Beero7, sorry to read all this, But your post is hard to follow as there's no spacing, and it's also mixed up in amongst someone's elses thread, which causes confusion etc with replies. Would suggest you start your own thread and make it a bit easier to read.

 

Try not to worry about 1stCredit, as you'll get all the help and advice you need from the experts on these forums. There are a few people on the forum with plenty of experience in how to deal with this set of bully boys. Meantime, don't speak to them, or pay them anything until you've got your own thread posted and have had some advice back.

 

Can I ask have you received a letter before action from LCS Solicitors, ie a letter threatening to take you court if you don't pay, or actual court papers which you need to acknowledge, and fill out and return to the court?.

[veryweary]

Beer07,

I've just reread your posting, are you saying that 1stCredit have got a CCJ awarded against you (in default, because you didn't defend it) for a debt you don't owe?

[beero7]

veryweary,

I have started my own thread like you suggested and explained things a bit better.

also , lcs solicitors have got a ccj against me on behalf of 1st credit. we went away and came back to find a Claiment for Judgement (in default) letter from northhampton county court, i phoned the court as soon as i got it and they told me to download a N244 form to get the judgement set aside (what ever that means).

if you could look at my thread ( 1st credit/LCS solicitors ) and any advice would be great.

thanks

[questioner]

Recently went to see CAB and I told them about the ist crud probs. CAB surprisingly ignored the fact that I had not received the CCA I had requested and rang the crud who instantly agreed to the token payments I had originally offered. This has been pretty mystifying to say the least. First the crud refuse my offer and now they seem happy to take it. I was a bit peeved about the way CAB ignored the CCA request I had hit them with too. Not sure that the assistant was familiar with this one but what could I do as I had gone to them for the needed advice?

CAB said an IVA might be best for me when I do get some cash to settle up but I don’t know much about that. They claimed that some people had settled for as low as 20% of the debt but that 50% would be a safer figure to aim at. They also mentioned something about if 70% of you creditors accept a settlement offer then the rest has to follow suit. CAB even suggested bankruptcy to me but I am trying to avoid that path if possible. They also scared me by saying that a debtor could press for bankruptcy if my financial situation didn’t improve but I have little to be worth them making me bankrupt. I run a small business which is improving slightly and paying its way. I work from rented premises and have no assets so any creditor would really get next to nothing if they tried to take me down. CAB did however confirm that if they took me to court for a CCJ the judge would only tell them that they would get the quid offered.

I am sick of it all but I will have to plod on for the moment.

Thanks guys and good luck to others in these horrid positions.

[questioner]

Meant to sat that I also now have received a letter stating the cruds complaints policy. It just one brief feeble letter. I may have a crack at that later on when I clear my head of all this.

[babybear39]

Bankruptcy is not an option if you can avoid it as you are business owner.

[ODC]

Recently went to see CAB and I told them about the ist crud probs. CAB surprisingly ignored the fact that I had not received the CCA I had requested and rang the crud who instantly agreed to the token payments I had originally offered. This has been pretty mystifying to say the least. First the crud refuse my offer and now they seem happy to take it. I was a bit peeved about the way CAB ignored the CCA request I had hit them with too. Not sure that the assistant was familiar with this one but what could I do as I had gone to them for the needed advice?

 

CAB said an IVA might be best for me when I do get some cash to settle up but I don’t know much about that. They claimed that some people had settled for as low as 20% of the debt but that 50% would be a safer figure to aim at. They also mentioned something about if 70% of you creditors accept a settlement offer then the rest has to follow suit. CAB even suggested bankruptcy to me but I am trying to avoid that path if possible. They also scared me by saying that a debtor could press for bankruptcy if my financial situation didn’t improve but I have little to be worth them making me bankrupt. I run a small business which is improving slightly and paying its way. I work from rented premises and have no assets so any creditor would really get next to nothing if they tried to take me down. CAB did however confirm that if they took me to court for a CCJ the judge would only tell them that they would get the quid offered.

 

I am sick of it all but I will have to plod on for the moment.

 

Thanks guys and good luck to others in these horrid positions.

 

I would not be offering Worst Credit anything until they compy with your lawful CCA request.

[questioner]

It may not be an option as you say but CAB has urged me into contemplating it twice now. I know that one day I will most likely be able to settle up debts but I want to survive until then. It’s a bit like a cross channel swim – you know that the end is there but the doing of it all is a massive strain.

 

ODC - I agree but thanks to the CAB its all set up now for the token payment.I was put in a fix at the time. I got what I was first after it seems at the cost of ignoring the CCA.

 

This will not happen again if any other sharks get to biting at me though.

 

Is there a page on here please for 'sample letters' to deal with all this type stuff ??

Edited June 27, 2008 by questioner

[questioner]

The CAB also mentioned that one has to be careful with final settlements as gangs like the crud can come back after say five years and say that one still owes something, which is a bit of a worry.

I thought that their mentuon of settments of only 20% in some cases was better news and it gave me some hope.

Edited June 27, 2008 by questioner

[questioner]

The worst crud seem to be whistling at me now for they have sent a letter lecturing me about how the badly scanned copy of an agreement they previously sent me shows that it is signed ands dated etc. They also mention that they assume that the account is no longer in dispute as CAB got me to arrange a new are token deal with them. They also claim wrongly that I have not sent them the initial quid as I was told to by CAB when they first stated their tricks.

[ODC]

It may not be an option as you say but CAB has urged me into contemplating it twice now. I know that one day I will most likely be able to settle up debts but I want to survive until then. It’s a bit like a cross channel swim – you know that the end is there but the doing of it all is a massive strain.

 

ODC - I agree but thanks to the CAB its all set up now for the token payment.I was put in a fix at the time. I got what I was first after it seems at the cost of ignoring the CCA.

 

This will not happen again if any other sharks get to biting at me though.

 

Is there a page on here please for 'sample letters' to deal with all this type stuff ??

You can still dispute this ALLEGED debt with Worst Credit by demanding a Legible and Properly Executed CCA

 

As for the letters here is the link http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[questioner]

Yes ODC that is what I intend to do. I get the gut feeling from their letter that they know they are on a sticky wicket and that they require a proper CCA to take this further. They shoild have sent it some weeks ago but didn't. I wonder if they cannot get hold of one. They never even admitted to having the first token payment that I sent them some time ago which is fishy too.

 

Thank you

[ODC]

It certainly would seem that these clowns DO NOT have a valid properly executed CCA. That would explain why they are now prepared to accept token payments as opposed to their previously aggressive stance. If they had enough to take you to court they probably would have done so by now.

[questioner]

Quite so. They have made a big thing out of the badly copied scan they sent telling me it was provided by their client and stated that it was a Credit Agreement regulated by the Consumer Credit Act 1974. They say it shows my details and is signed and dated.

 

It's just the bit they say about them now assuming that the account is not in disputre that seems to give something away. They are being soooo sweet so read into that what you will. I wonder what happens when they discover that they have so long to get me a CCA or bye bye any more payments made under duress. Need to get this one right to cover my back with these monsters.

 

Now does one get stroppy and tell the crud that if they fail to produce the real CCA then I expect their written conformation that no debt exists, hence the case is closed? I would be exciting to think they had shown their hand and blown this but I don't want to get too adventurous yet.

Edited June 29, 2008 by questioner

[questioner]

Incidentally, I have been paying the quid token arrangement to another collector for several months. So far they have been fine. They have had no trouble accepting the token payments. They are now asking for a review which is fair enough but I have no more to give. Can I ask for a CCA after this time if they do ever get stroppy or is that one too late?

[babybear39]

It's your legal right to ask for a CCA at any time

[questioner]

Thanks babybear39 I will keep that one in mind. That particular creditor has been ok so far therefore I shall play the game.

I will be however very fascinated to hear what the crud have to say about my limited offer (jeez sounds like a Tesco discount). Which way will they turn when the payments are stopped if they fail to provide a CCA? Surely under law they have to kill any alleged debt if they cannot validate it with the CCA? Are there any time limits governing such matters?

[ODC]

The simple FACT is that without a properly executed CCA with ALL the prescibed terms on it the debt CANNOT be enforced through a Court. Worst Credit can huff and puff all they like but without a CCA they are Donald Ducked.

 

Of course they only have their greedy telephone threat monkeys to blame for people googling them and arriving here.

 

DCAs are the best recruiting Sergeants that forums like this can get

[questioner]

Absolutely lovely!

 

I for one shall not let up on these vampires and will give them back the stick they first started with on me. If the CCA does not arrive by the time I have prescribed then they can whistle. Moreover, when the day arrives for me to finally settle all debts they will be the ones to lose out.

 

Someone should alert their clients to their ridiculous conduct so that they are not used again in any professional collection capacity.

 

If only they would realise that some of us DO NOT give in to nasty threats and bullying and that this terrible behaviour is in fact counter productive to their greedy aims. I mean to say, a nice friendly letter of introduction would be much better than a sham legal threat when dealing with any new target for them but they seem to fail to understand this.

 

Are they really fit to be in business?

[babybear39]

No, IMO...

[questioner]

I supose that they get away with it like all bullies because their main targets are vulnerable people who are in a bad way. People who want to settle up debts and get these monsters off their backs but just cannot.

 

Being in debt makes one very unhappy and it is not a nice state to be in so the DCA vampires exploit the way victims feel with threats etc and abuse their emotional state. Regulations are not strict enough on the TERRIBLE way they treat debtors IMO.

[babybear39]

That's why you have to complain to them and the authorities.

[questioner]

I intend to. Who are the best ones to complain to anyway?

 

Still no sign of a CCA either!