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Will they really take me to court??


souljahslim
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Hi, I have had a debt with 1st credit of £415 which I was paying for a few months at £1oo p/m. I then discovered this site and sent them a CCA. I also stopped all payments. They failed to return anything to me and next week a month will be up and they would have committed an offence.

 

Today in the post I recieved a letter from their solicitors stating that if I don not pay the full Balance withing 14 days they will commence legal proceedings against me in a count court. The letter also states that if they do this they will also look to get solicitors fees, interest and court costs from me.

 

I was under the impression that since I sent them a CCA that the debt was in dispute and that they could not start legal proceedings against me.

 

Does any one think that they would start proceedings against me for £415 and would i have to pay all the costs.

 

I have been advised in the past to ignore all letters and calls from them, but I dont want to really go court , but I dont think they can provide me with a CCA.

 

Please help as this has me a lil worried no. What should I do

 

also if I am issued a ccj can I pay it with 28 days and then the CCJ will not stand. Is this true

 

thanks Jay

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Hi, I have had a debt with 1st credit of £415 which I was paying for a few months at £1oo p/m. I then discovered this site and sent them a CCA. I also stopped all payments. They failed to return anything to me and next week a month will be up and they would have committed an offence.

 

Today in the post I recieved a letter from their solicitors stating that if I don not pay the full Balance withing 14 days they will commence legal proceedings against me in a count court. The letter also states that if they do this they will also look to get solicitors fees, interest and court costs from me.

 

I was under the impression that since I sent them a CCA that the debt was in dispute and that they could not start legal proceedings against me.

 

Does any one think that they would start proceedings against me for £415 and would i have to pay all the costs.

 

I have been advised in the past to ignore all letters and calls from them, but I dont want to really go court , but I dont think they can provide me with a CCA.

 

Please help as this has me a lil worried no. What should I do

 

also if I am issued a ccj can I pay it with 28 days and then the CCJ will not stand. Is this true

 

thanks Jay

 

Did you sent CCA recorded delivery ?

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Then they should not be chasing you for the debt, it is that simple

 

Write back to the solicitors saying you will not be making any payments until the agreement is produced, and that you are aware of your rights, and that they should be pursuing you for the debt at this time

 

Maybe drop in that you will complain to the Law Society too

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Well, no, that's not quite true.

 

They can pursue you in court, but failure to produce a signed credit agreement is a valid defence in itself.

 

This does not exonerate you from owing the debt however.

 

If you do get a CCJ and settle it in full within one month of the date of the CCJ, you can apply to have the entry in the Register removed. You'll need to get a certificate from the court to say you've paid off the debt. This costs £15 but the fee can be waived or reduced if you’re on a low income. When an entry is removed from the Register, all the credit reference agencies will be notified and they will remove details of the CCJ from your record.

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Hi Souljaslim.... try the letter below. I wrote it under similar cicumstances and they backed right off.

 

I refer to your letter of xx/xx/2007.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by 1st Credit on xx/xx/2007. I can only assume therefore that they failed to inform you that this account remains in dispute.

 

Should your client now persist with threats of legal action after the 14 day period mentioned in your letter, I will welcome the opportunity for a judge to look at several offences committed by 1st Credit and yourselves under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

;)

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excellent stuff guys, i will send them that letter, the 14 days are up and next week will be the 30 days, so they will have committed the offence,

 

do u think they will take me to court

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