Are 1st Credit being fair and correct?

[Hman74]

Hi. Over the last 2 to 3 years, I have received a letter from 1st Credit once a year, requesting I contact them immediately regarding a £5500 approx. debt owing to Tesco Personal Finance.

 

Upon receipt of the first letter, I rightly contacted Tesco to trace the account. They had no records of the outstanding account, even though I provided 2 different addresses going back at least 7 years.

 

I contacted 1st Credit and told them to get a copy of the account information from the client (tesco) but no reply was ever sent. I receive these letters from 1st Credit every 6 to 12 months but nothing is ever actually done.

[matteus]

Ah I'm not the only one suffering from these people!

I'm having a nightmare with 1st Credit Ltd who claim I owe Abbey money from ten years ago!

After explaining to them in October 2006 that I've had nothing to do with them I requested evidence from Abbey to prove I owed them money.

Abbey had no record of me on their system but if they found something then I'd be sent the evidence.

Two months later I receive a badly photocopied statement from 1st Credit Ltd who claimed it was from Abbey. The account number and sort code on the statement didn't match to the details 1st Credit had for me.

I confronted them about it and they sent me a solicitors letter threatening me with court action within the next two weeks.

I wrote them a letter stating that because this was ten years ago and I hadn't heard anything until last October. The debt was statue barred and they couldn't continue with the case.

 

I was contacted by 1st Credit Ltd yesterday and the phone call was insulting and abusive.

The woman I spoke to accused me of lying six times, she cross-examined me trying to get me to confess to the debt and also accused the Office of Fair Trading of talking rubbish in advising me that the debt was statue barred.

When I also stated the evidence produced had nothing to do with my account, she told me that didn't matter.

 

I then asked her for further evidence of this debt as I wasn't accepting the statement produced. She told me I'm not entitled to anything and I was getting a court summons where this "evidence" would be produced.

 

What can we do about this company?

[tiglet]

Firstly, contact Trading Standards and OFT. What they are doing is clearly a breach of the OFT guidelines.

 

Secondly - DON'T SPEAK TO THEM ON THE PHONE!!!!

 

They are trying to intimidate you into paying. Report this to TS & OFT too. Let them take you to court if they want to - you can defend the claim and force disclosure of said documents.

 

But I can pretty much guarantee it will not go to court - if they know the debt is statute barred, which they will, they will also know they cannot enforce it through the courts. Send them a CCA for good measure. If they continue, you can SAr them as well, but I personally wouldn't waste my £10 on these guys.

 

Once you've done all this, have a nice cup of tea, relax ... and look forward to hearing nothing more from them. I've had a couple of DCA's like this chase me for statute barred debts they have still to show me any proof of existing and it all seems to be bluster. Once challenged, I've heard nothing more.

 

However, in case I'm wrong (IMO unlikely from my experience) cover your bases with OFT and TS and a letter.

 

ps If they do call again, send them the telepjhone harrassment letter and laugh in their faces - it annoys them, it really does;)

[pmhcfc]

Firstly, contact Trading Standards and OFT. What they are doing is clearly a breach of the OFT guidelines.

 

Secondly - DON'T SPEAK TO THEM ON THE PHONE!!!!

 

They are trying to intimidate you into paying. Report this to TS & OFT too. Let them take you to court if they want to - you can defend the claim and force disclosure of said documents.

 

But I can pretty much guarantee it will not go to court - if they know the debt is statute barred, which they will, they will also know they cannot enforce it through the courts. Send them a CCA for good measure. If they continue, you can SAr them as well, but I personally wouldn't waste my £10 on these guys.

 

Once you've done all this, have a nice cup of tea, relax ... and look forward to hearing nothing more from them. I've had a couple of DCA's like this chase me for statute barred debts they have still to show me any proof of existing and it all seems to be bluster. Once challenged, I've heard nothing more.

 

However, in case I'm wrong (IMO unlikely from my experience) cover your bases with OFT and TS and a letter.

 

ps If they do call again, send them the telepjhone harrassment letter and laugh in their faces - it annoys them, it really does;)

 

Do all of the advised. you have to remember that DCA personnel work on a commision basis..The more money they collect, the more wages they get- nice people eh? They'll try anything to boost their wage packet...

[Gingerheid]

My thread here was really a bit of a joke at 1st Credit's expense; http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/73108-1st-credit-noting-contents.html

 

But there is a more serious point to it; They are useless. Run rings round them.

 

They are also very abusive on the phone.

 

If you do receive an abusive call from anyone; take a deep breath and don't let it get to you; remember that it is you that is in control. They want to speak to you, and if they want to they will have to show you basic respect and abide by your standards.

 

- The call is being recorded, even it is it not. Make them agree to you recording the call; explain that it will not be possible for the call to continue if they do not agree. "Once you have started the recording", get them to reconfirm for the benefit of the tape. At the end, ask them if they want you to send them a copy of the recording for their records.

 

- If they interrupt; make them listen to you and don't listen to them until they have. You let them have their say, make them let you have yours. Be firm, but polite. And more importantly, irritatingly patronising.

 

"Excuse me, you seem to have accidentally started to talk when I was, I'm sure you didn't intend to, but I listened to what you had to say so please listen to me until I have finished what I have to say."

 

- If they are disrespectful; they must apologise to you before you continue the conversation

 

- If they make a sweeping dismissive statement, make them justify it. They do not move on until they have. A matter that is raised must be dealt with; you cannot move on until it has been. It must be taken to the stage where it makes sense to you or they admit it doesn't.

 

- Control the flow of the conversation; they move on once they have dealt with matters that they raised to the satisfaction of you understanding.

 

"It is important for both of us that we make sure this issue is dealt with properly before moving on. unresolved issues or points of confusion will not help either of us in the long run. Therefor please confirm why you believe that the Statute of Limitation does not apply to your organisation. I also need to know what other statutes your organisation has been exempted from, how this exemption was granted, and by whom."

 

- Remember where you were; if they try to move on too soon, remember where you need to take them back to.

 

- But don't bother asking for managers. Even if you did get to speak to a real one, that's making life easier for the caller as they didn't have to deal with you when you are being difficult. They probably hate the manager anyway. If they want you to speak to a manager tell them that you want to deal with them, as they phoned and as it is them that said XXXX. Why are they raising issues that they then can't deal with?

 

- Never feel embarrassed by the fact that a conversation might not get anywhere if you do the above; it is their fault. Tell tham that the conversation is not achieving anything, because they are not providing you with a small number of things that are perfectly reasonable to request and that in any case they ought to be giving without being asked. Might they perhaps wish to take advantage of an opportunity to collect their thoughts and put them in writing at a later date?

[dx100uk]

2nd thing here is if its over 6yrs since the last transaction [moneywise] then.... .forget it!

 

 

dx100uk:)

[matteus]

I spoke to the Office of Fair Trading yesterday who are looking into it. They've told me to send a letter stating the OFT rulings they've breached and to demand a letter stating the case is now closed.

If they dismiss the letter and continue to pursue the matter I've got to contact OFT who will involve Trading Standards and to inform the Police to state a complaint of harassment.

[tiglet]

Excellent - do exactly that - you're nearly there now!

[Hman74]

Today I have received a further letter from 1st Credit entitled 'Legal Proceedings'. I am now very concerned and worried because they have threatened to do the following:

 

Court action

Bailiffs

County Court Judgement

Substantial Legal Costs

A formal charge against my house (yes I am a home owner)

 

I still insist I have no trace of this debt, going back at least 6 to 7 years! When I received the first of these 'letters' from 1st Credit, I immediately tried to trace back the debt. The client, Tesco Personal Finance, had no record of my owing the money. I provided them with both current and previous addresses going back almost 10 years and nevertheless, I'm sure they would have chased this up years ago! My local Citizens Advice also asked 1st Credit for proof of the loan or debt, never received a written reply in nearly 2 years.

 

Maybe I shouldn't panic just yet; I have found a similar letter to the above from November 2005, again no subsequent 'court action' or 'bailiff' actually happened. But I am concerned if the said 'debt' is on my credit file??

[tiglet]

If the debt's statute barred, they cannot pursue you through the courts.

[diskmandave]

Quote: "But I am concerned if the said 'debt' is on my credit file??"

 

It'll only take you 5 minutes to check!

 

Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk

 

Don't forget to cancel the free trial!

[matteus]

Quote: "But I am concerned if the said 'debt' is on my credit file??"

 

It'll only take you 5 minutes to check!

 

Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk

 

Don't forget to cancel the free trial!

 

Funny enough I've got two copies of my credit report one from two years ago and another just recently and the debt I'm being chased for isn't on either of them.

 

As for 1st Credit Limited I received this letter yesterday.

 

I refer to your telephone conversation with a member of our staff where you claimed that we were guilty of harassment over a 'statute barred' debt.

 

It is the policy of 1st Credit Ltd to advice the OFT and Local Trading Standards offices whenever false allegations are made against the company

 

You have been advised numerous times that this debt is not statute barred as a payment of £289.02 was made on the 8th May 2001. We therefore fail to understand why you continue to claim it is.

 

I would also mention that you acknowledged this debt on the 5th February 2001 and offered to make payment in full. No payment was received.

 

As statute barred will be applicable on the 8th May 2007 I have passed your file to our Solicitor to commence legal action. If judgement is obtained against this will ensure we have at least a further six years before the debt becomes statue barred.

 

I regret that we were unable to reach a mutally acceptable agreement to clear this debt.

 

[edit]

 

CC OFT

Surrey Trading Standards.

 

 

How many of you spotted the huge mistake in the above?

 

For those who didn't see it let me point it out to you

 

You have been advised numerous times that this debt is not statute barred as a payment of £289.02 was made on the 8th May 2001. We therefore fail to understand why you continue to claim it is.

 

I would also mention that you acknowledged this debt on the 5th February 2001 and offered to make payment in full. No payment was received.

 

Confused? Yes so are they!

 

So they're claiming I've got an outstanding debt of £289.02. But if I made that payment of £289.02 on 8th May 2001, I don't owe anything as I've paid the debt.

 

I spoke to the National Debt Helpline and they've told me that 1st Credit Ltd have currently over 40 complaints regarding the same problem everyone else is having. Why am I not surprised.

[tiglet]

I'd ring surrey trading standards and advise them of the glaringly obvious error - if you've paid, there's no debt - if you haven't paid, it's statute barred.

 

Oh deary, deary me.

[matteus]

Trading Standards are now investigating the matter and I've got collect further evidence to press harassment charges against them as I've had two further phone calls since telling them not to contact me by phone.

 

What a waste of my time

[tiglet]

If only we could charge them for standard letter at £35 a pop!

[davefirewalker]

Hi ....I'm confused too. I dont think that they are claiming that the outstanding debt is £289.02, just that you made that payment, also that you promised to clear the debt in full in february but didnt!

 

have you asked them by what authority they are chasing you?

 

if not immediately send a CCA request in they have 12 working days to supply the agreement and any statement of account.

 

if they cant supply it, which i dont think they can then they can't chase you for the debt.

 

END of story

 

Dave

[diskmandave]

The last post is a great idea, if they start going down the court route this might just buy enough time to push it over the statute barred limit...?

 

Regards, Dave.

[matteus]

Hi ....I'm confused too. I dont think that they are claiming that the outstanding debt is £289.02, just that you made that payment, also that you promised to clear the debt in full in february but didnt!

 

have you asked them by what authority they are chasing you?

 

if not immediately send a CCA request in they have 12 working days to supply the agreement and any statement of account.

 

if they cant supply it, which i dont think they can then they can't chase you for the debt.

 

END of story

 

Dave

 

 

I don't understand the "by what authority they are chasing me" question. Do you mean who has submitted the file? If so, then they're claiming its the Abbey but funny enough I submitted the same letter to Abbey that was sent to 1st Credit Ltd regarding the debt and the details outlining its statue barred. I received a reply four weeks later stating that they are struggling to find any record of this debt and that my account is closed but if they find anything record of it then I will be notified.

 

I'd ring surrey trading standards and advise them of the glaringly obvious error - if you've paid, there's no debt - if you haven't paid, it's statute barred.

 

I contacted OFT and Surrey Trading Standards. Both claim they've not received anything from 1st Credit Ltd regarding the false allegation of harassment.

 

I have however received witness statements from Trading Standards who are now investigating the case.

Despite stating in my last letter that I will no longer communicate with them by telephone. I've received five phone calls this week. Three of which were a computerised message asking me to urgently call them back.

 

I've also got copies of my credit report from last week and last year both don't have any record of any outstanding debt owing to Abbey.

 

Just have to wait to see what Trading Standards have to say.

[davefirewalker]

Hi .......

 

"by what authority" I meant did they ACTUALLY have any legal authority to collect this debt

 

If you ask them for a copy of your original aggreement they probably wont be able to supply it...(CCA request)

 

if no copy of aggreement........it follows NO debt

 

let them squirm

 

Dave

[Gingerheid]

You are shaming me into action. I really need to do the trading standards for harrassment thing on them too, but just haven't had the time...

 

They do seem to specialise in collecting debts that don't exist. I have proof issued by their client that mine doesn't...

 

But right now I am off to bed...

[joe1965]

Two links which may help you.

http://http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

 

http://http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

[itsmeandonlyme]

Hello guys,

 

can you please PM the 1st Credit contact phone number or email address, if you have..thank you:)))

 

Kind regards,

 

Maria

[richt71]

Hi,

1st credit...pain of my life. Full of it! I'm fortunate to know the rules cos according to them they can collect any debt at any time even though they've chased me for 15 year old debt and had no contact from me within that time...have no account proof so I said better send you a stat barr letter then but nope that doesn't stop them. Complained to credit counsel that their parent company is a member of but they seem as interested as a chocolate fireguard.

[joe1965]

Send the stat barr letter and keep sure they have to sign for it. After the date of receiving it you get anymore demands report them to the OFT and your local trading standards. But in ANY written contact you have with them write along the top in capital letters:

WITHOUT PREJUDICE

That way anything contained in the letter cannot be used in a court or used to prove you admit liability.

[Gingerheid]

As both are public information, as as I'm sure they want people to get in touch with them to discuss debts so that matter can be resolved, from their website:

 

 

Contact Us

1st Credit's head office is located at-

The Omnibus Building

Lesbourne Road

Reigate

Surrey

RH2 7JP

Telephone 01737 228 555

Facsimile: 0870 164 2070

Email: [email protected]