1st Credit

[lickthewallfatboy]

ring your mobile provider,tell them you are getting malicious calls and they should be able to change your number straight away

 

it works a treat....

[anotherguy]

thanks for the suggestion but Ive had this number for some 10years or more i refuse to have to change because of pond life like 1st Crudite.

 

Heres a thought, I was just about to send my cheque with my CCA and if i sign the cheque theyll have the signature that wouldve been on the original credit agreement! I dont trust them not to falsify a new agreement. How else can i make payment along with the CCA?

[babybear39]

Use a £1 postal order or get someone else to write a cheque for you.

[anotherguy]

blindingly simple.. yet i didnt think of it! thanks

[babybear39]

Keep a note of the serial number of the postal order or cheque to find out if it's cashed

[diddydicky]

make sure that you state in the letter that the one pound is in relationto the s787 request and must not be used for any other purpose

[babybear39]

I'd love to see 1st crud try and offset it against the balance under the noses of the OFT

[anotherguy]

done and done tnx.

(the letter stated i enclosed the money for the copy of the signed credit agreement)

 

1st credit have already broken a couple of guidelines with me alone.. but for now i'll just hold that over them and add it to my records.

[ScarletPimpernel]

If they are ringing a mobile, assign a silent ring tone to the number. Better still, depending on your handset, there are programs available that allow you to blacklist numbers, so they always get an engaged tone.

[diddydicky]

care to identify one please?

[ScarletPimpernel]

Aglaya Call Filter, Black & Whitelist are two, but there are many. They tend to be platform specific, but searching for 'whitelist' should do the job.

[diddydicky]

thanks

[questioner]

OFT are watching the crudités VERY closely it seem they just told me they will take into account the further information I have helpfully given the as they continue to monitor this “trader’s fitness to hold a credit licence.”

I have as you will be aware been asking for my CCA to be honoured for over a year and all they gave me was harassment and a badly scanned page of something, which you guys said is no use to them as a "properly executed copy "of an alleged agreement wqas essential. They also tried to get my signature but I just sent them the letter about this not being applicable etc. More threats came as expected. I have now told the crudites I want to complain to them again about their non complience in this matter.

His anyone got a sample of a legally-based written complaint to make them winch please for this one?

I feel that they are getting on thinner ice so I don’t want to blow it at this vital stage now.

The main thing I want to complain about is the ongoing abuse and their inability to give me a copy of any alleged agreement.

Help!

[siamshops]

1st credit have accepted an offer £32.00 a month on my £9900 Halifax credit card debt. Budget planner and offer letter done by the National Debt Helpline. At the end of the day that is all I have to give them.

[questioner]

siamshops

 

Hope you have CCAed them as that is a lot of dosh to pay out.

[anotherguy]

another great piece of 1st Credit admin.. i got a letter this week to my curremt home saying 'this address has been given to them as a possible address of some they wish to speak to' ??? Theyve had my address for ages, i gave it them when i moved! now theyve written to my old address for some reason, i actually know the people who live at my old address so im not happy 1st Credit contacted them when they already had my current address and had written to me there.

I rang them up last night and they werent sure why they'd sent the letter there since they confirmed they already had my current address. Then on top of that.. he said he can see i agreed a payment plan of £58 per month when they last spoke to me.. (see my earlier post about me refusing to speak to them on the phone during working hours and how they claim i was "refusing to co-operate) seems after he hung up he fabricated a payment agreement which i knew nothing about (which i assume is so they can claim i defaulted on it later)..

 

Ill just add it all to my records for the OFT

[diddydicky]

OFT are watching the crudités VERY closely it seem they just told me they will take into account the further information I have helpfully given the as they continue to monitor this “trader’s fitness to hold a credit licence.”

I have as you will be aware been asking for my CCA to be honoured for over a year and all they gave me was harassment and a badly scanned page of something, which you guys said is no use to them as a "properly executed copy "of an alleged agreement wqas essential. They also tried to get my signature but I just sent them the letter about this not being applicable etc. More threats came as expected. I have now told the crudites I want to complain to them again about their non complience in this matter.

His anyone got a sample of a legally-based written complaint to make them winch please for this one?

I feel that they are getting on thinner ice so I don’t want to blow it at this vital stage now.

The main thing I want to complain about is the ongoing abuse and their inability to give me a copy of any alleged agreement.

Help!

 

Hi i'm sorry i havn't got time to re read the whole thread

 

have they issued a DN?

 

if not im in the same position with one or two of mine (totally illegible copies of application forms 9and without any terms)

 

i am just sitting tight and ignoring them totally- i am waiting for them to issue what will be a defective DN and then terminating

 

if they have already issued DN and terminated your laughing- they cannot issue DN whilst they are in default of the CCA sect 78!!

[diddydicky]

once they have terminated they cant then go back and undo what they have done whereas if you alert them to the defective DN you give them the opportunity to correct it

 

so my advice- say nothing

[questioner]

"have they issued a DN?"

 

 

What is DN?

 

"once they have terminated "

 

Can you clarify that too please?

 

My complaint is about them not honoring the CCA for so long and hassassing me with legal threats.

 

This is something they cannot change now.

 

I will hang on tho until you get back on those 2 points.

 

 

 

PS

 

"so my advice- say nothing"

 

 

Do you mean I should not complain to 1st crud as planned via their procudure polity - until what ...?

 

 

Soz - a bit confused here now.

Edited June 2, 2009 by questioner

[diddydicky]

yes, if you dont maintain payments they will eventually issue a DN = DEFAULT NOTICE

 

stating that unless you pay the arrears by such and such a dazte they will then terminate the agreement

 

these DN's are often defective in themselves.

 

they cannot issue a DN if they are in Default- many people believe them to be in default when they have responded to CCA sect 77/79 requests with information which is not quite what they wanted ( a copy of the original credit agreement) but quite often the creditor HAS done enough and this is a grey area

 

 

in your case (and mine) where either NOTHING has been provided or alternatively a copy which is not "easily legible" then they are in default of the CCA until such time as they produce this information in an easily legible form.

 

Now, if they issue a DN (which as i said before often may be defective in itself) it will be an invalid DN in your case because they are not allowed to do so whilst in default.

 

after the expiry of the time limit in the DN (depending on the wording which you can post up on here) the Account can be taken as terminated if the DN states it WILL be or alternatively it can say in the DN that it MSAY be terminated

 

to be 100% sure you keep quiet and let them (or their solicitors) confirm in writing to you that the account is terminated and that they are claiming the full balance or selling it on or whatever (the original creditor writing and claiming the full balance can be taken as confirmation that the account is terminated)

 

at that point you can break out the bubbly, once the account is terminated there is no turning back, the fact that they did it on the back of a defective DN is beside the point

 

at this stage the ONLY debt you will have to them is the amount of arrears that they were claiming on the DN at the time of termination

 

however, if you were to alert them to the fact that the DN was invalid it may spur them to check it our, realise their mistake and withdraw and / or re issue it which is NOT what you want.

 

If you have made the request- put them on notice that they are in default then there is absolutely nothing they can do to enforce all the time they fail to comply with your sect 77/79 request so my advice (i am not legally qualified) is to keep quiet!

 

if they send you some documents in response to your request and claim that they have complied THEN get these posted up for an opinion because there is a huge grey area between what people WANT them to provide and what they can get away with providing in order toi claim they have complied

 

 

hope that all makes sense!

 

i am sure someone more experienced will correct me if i have got that wrong

[questioner]

Right - many thanks.

 

No - I have no DN, just lots of threats to pay up or else.

 

They have also sent me there complaints procudure policy and I was about to send back with the complaint about them having not complied with my CCA requests for over 12 months. They just sent the bad scan of some single page.

 

So I now just wait - yes?

 

What happens next?

 

Should I not still just complain officially via their complaints procedure that no CCA has been honoured by them as they fully know already?

 

Just thinking that if I ignore that they will say I never complained properly to them!

 

 

 

"at this stage the ONLY debt you will have to them is the amount of arrears that they were claiming on the DN at the time of termination"

 

That sounds iffy. Why should I owe then aything if they cannot prove a debt, via not producing any proper copy agreement?

Edited June 2, 2009 by questioner

[questioner]

Right - re-reading your data

 

I do not complain now - I just wait for a DN which will be invalid?

 

Then?

 

Sorry - you have to spoon feed me .

 

Surely they know that a DN will be worthless as I have been shouting back for a proper CCA for ages?

[diddydicky]

ahh if only they had enough brain cells

 

you can fire off another complaint if you like (recorded deliverfy) but it really is not for you to KEEP reminding them

 

i think three times is more than enough times to prove you have done enough

 

just end the last letter by saying that they remain in default until the comply with your sect 78 request and all correspondence will be ignored until such time as they comply

 

end of

 

sit back and relax

 

use the search button above and read a few threads about defective DN's

[questioner]

Thanks DD - appriciated

 

I have probably reminded them about non complience about 5 - 6 times.

 

I shall act accordingly with the brief complaint and then wait it out.

 

ACCOUNT IN SERIOUS DISPUTE!

 

Just one more point that came to mind re a complaintThey happily send confidential materials re alleged debts to folks and then ask for the signature 'later'. Is this not a BREACH OF DATA PROTECTION ACT ?

Edited June 3, 2009 by questioner

[suziq]

I have never posted before and don't know how to do it. Sorry!

I had a debt with Aqua which was sold on to 1st Credit. They accepted a payment in full and final settlement in March 2008 but now I have just received a letter from Clarity (on behalf of Aqua) demanding for the remainder!

 

Can anyone tell me how to proceed please?