Jump to content


  • Tweets

  • Posts

    • I think final version of WS now prepared with exhibits added.  All numbered properly. Of course it can still be tweaked if necessary. Laura will not need it on 25 June as that is just a Preliminary Hearing for her to represent her son. But as DCBL messed up and thought it was WS time why not prepare things calmly in advance. Defendant's WS - versione 3 + attachments.pdf
    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
    • Our business was only transacted digitally as I was not in England at that time.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

1st Credit Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4585 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks dx

 

I see what u mean

 

No I haven't asked for the CCA yet but I will do, how long have they got to send it to me?

 

The debt is a loan I took out with Citi at the start of 2007 but with a change of jobs & less income I couldn't continue with the payments - Payplan made a payment offer to Citi which they said wasn't enough & then the next thing I knew I got the letter from 1st Credit & they have generally been unhelpful & unresponsive from day 1

 

I don't dispute I have a debt with Citi, but how far can these jokers take things

 

Should I not still make my payments to Payplan though even if it means these lot get about £17 a month

Link to post
Share on other sites

  • Replies 127
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks dx

 

I see what u mean

 

No I haven't asked for the CCA yet but I will do, how long have they got to send it to me?

 

see post 5 in this thread

 

 

The debt is a loan I took out with Citi at the start of 2007 but with a change of jobs & less income I couldn't continue with the payments - Payplan made a payment offer to Citi which they said wasn't enough & then the next thing I knew I got the letter from 1st Credit & they have generally been unhelpful & unresponsive from day 1

 

I don't dispute I have a debt with Citi, but how far can these jokers take things

 

Should I not still make my payments to Payplan though even if it means these lot get about £17 a month

 

yep that wont hurt, but sometimes dealing with the original debtors is alot better.

regardless of what they say, pay them something on a regular monthly basis, and keep doing it.

that way if it ever does go to court, then the judge will have a field day with them.

you have paid what you think you can realistically afford, if they dont like it then tough!.

 

now you need to clarify one important fact about this debt.

has 1st credit BROUGHT the debt, or are they just acting as a collection service for citi?

if they have brought the debt, then your involvement with citi is over,

if they are just collection agents, then pay citi direct or through payplan & write 1stcredit, informing them that you are already on a credit management scheme & that you are paying citi direct through payplan.

they might well leave you alone then.

 

keep us informed ... but keep paying something & get that CCA off.

 

dx

Edited by dx100uk
fingers!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yes it is OG...

 

You need letter N here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT. Amend to suit, add a line requesting a copy of the notice of assignment (this will confirm whether they own the debt or are acting as agents) and a statement of the account (this is free of charge) since they've had it, DO NOT SIGN IT, print your name, use a £1 postal order and keep a note of the number to check if they cash it, send recorded and keep a copy of the letter with your postal receipt.

Link to post
Share on other sites

Yes it is OG...

 

Head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT. Amend to suit, add a line requesting a copy of the notice of assignment (this will confirm whether they own the debt or are acting as agents)

 

Hello OldGlory,

 

1st Credit will do their best to mislead you regarding what Assignment (if any) they hold........ Add something like this to your letter ...... amend to suit....

 

Since ??/??/08 1st Credit have been telephoning and writing to me regarding the above account. Your various letters, which of course I have kept, are very misleading as they state in some that you have purchased the debt and threaten legal action and in others that you are just collecting the debt. I have received no Notice of Assignment from either Citi Financial or 1st Credit and as such I have no knowledge of the type of Assignment that 1st Credit has purchased, if indeed any. Hence having not received a Notice of Assignment, which I should have done, I wish to know exactly what legal right 1st Credit have to collect this debt. Are you merely an agent collecting for Citi Financial, do you have an Equitable Assignment or do you have an Absolute Assignment. I will of course also require a copy of the Notice of Assignment that you legally should have sent me.

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Thanks BabyBear & Chalkitup

 

I have been checking my paperwork tonight 7 have found the initial letter from Ciyi who said they have ASSIGNED the account to 1st Credit

 

What does this mean? Do I owe them or Citi

 

Well, I'll keep an eye on this thread because my CITI letter implies the same.

Link to post
Share on other sites

Thanks BabyBear & Chalkitup

 

I have been checking my paperwork tonight 7 have found the initial letter from Ciyi who said they have ASSIGNED the account to 1st Credit

 

What does this mean? Do I owe them or Citi

 

Well, I'll keep an eye on this thread because my CITI letter implies the same.

 

Hello Both,

 

Their letter saying "assigned" is misleading in effect ............. they never say what actual assignment they have ............. that is why you need to ask them when ever you write to them .....NEVER TALK TO THEM ON THE PHONE .....

 

Very Basically ....

Equitable Assignment means "Right to collect has been purchased but very little else" - they own account in conjunction with original creditor. They can not take you to court without original creditor.

Absolute Assignment means "Liable for all duties - own all rights and duties".

 

Different people have different views on paying these DCA's ..... I never pay them until they can prove they are legally entitled to collect debt .... i.e. I do a CCA request and wait for a proper agreement with all the prescribed terms to be sent to me ....... Never yet happened!! However I do continue to pay the original creditor through my debt management plan with CCCS until the original creditor will not accept that payment (which sometimes happens) or until they start to get stroppy after I point out the proper agreement has not been sent.

 

If the proper agreement with all prescribed terms does not arrive with you after 12+2 days of sending the CCA request you can actually stop all payments to them until they produce the agreement.

 

Onwards and Upwards

 

Chalkitup

Edited by Chalkitup
Link to post
Share on other sites

Absolute Assignment means "Liable for all duties - own all rights and duties".

 

Nit picking a bit here...Absolute assignment means they've bought the whole debt. From 26th May 2008, CPUTR 2008 makes all DCAs liable for all duties whether the debt is equitable or absolute ;)

Link to post
Share on other sites

Nit picking a bit here...Absolute assignment means they've bought the whole debt. From 26th May 2008, CPUTR 2008 makes all DCAs liable for all duties whether the debt is equitable or absolute ;)

 

It makes them the "creditor" for the purposes of s77/s78, but what status the assignment has is a separate matter.

The bottom line is if it is assigned to anyone, the OC and the new "owner" must both write to you to verify this IMHO.

 

They should also make it clear which type of assignment it is, all this before you begin making any payments to the new creditor/Dca etc.

  • Haha 1

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

Hi Mozzat

 

What stage are you at now with 1st Credit?

 

Have you spoken with them or do they try & phone you every day

 

Hello OldGlory. They are at the stage where they are being extremely obnoxious and making all manner of threats. Can anyone tell me, do they do the 'bad cop, good cop' routine as part of their psychological harrasment ?.

Link to post
Share on other sites

can't see why you are putting up with the phone calls

if you have fired off the above letter....

then quote it to them on the phone [the relevent section] and state that the phone conversationhas been recorded at the request of the OFT or who ever & put the phone down.

 

you are under no obligation to listen to the calls, they are a DCA, nothing but verbal letter writers. the more you listen to them, the more they will think they re getting somewhere with you.

 

quote the act and request all comms by letter only, then you have it in black & white to show the relevent authority to prove they are harrassing you, then put the phone down.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

New to the site but have found this info both helpful and a little disheartening. We have had a number of calls from this company - same guy which makes me think he is an agent. Apart from being extremely obnoxious and intransigent he also threatened me with any number of things including bankruptcy. We are currently in £34k debt which we are managing through Payplan, with £1.7k being through Citi whom 1st Credit claim is now owed to them. Payplan say there is nothing they can do and to sit tight - easy for them to say when they are not taking these calls and receiving the letters. Not sure what we can do but I will take a lot of the advice on site on board and will try to make the most of this situation!

Link to post
Share on other sites

Hiya moshey,

 

You need to start your own thread where you'll get answers specific to your own position which won't get mixed up here.

 

1st credit are breaching a number of OFT guidlines and the CPUTR 2008 by by-passing your DMP company. Any calls should be logged, timed, dated and transcripted (recorded if possible, you don't need to tell them) and all letters should be copied and sent to your DMP with a copy of the call log.

Link to post
Share on other sites

  • 1 month later...

Hi, I'm a little confused with what I should request from 1st Credit - letter of assignment or credit agreement! Also other posts suggest I should enclose a £1 postal order, what is this for? I had an arrangment in writing (states will be reviewed 1/7/09) to pay £40 per month to Goldfish! I then received a letter from them advising the debt has been assigned to 1st Credit. The direct debit is still coming out of my account (ref Barclaycard)! 1st Credit have now written advising the amount has been assigned to them and 'in accordance with Data Protection will forward a copy of the personal information they have about me on their system', for a £10 fee! Can anybody advise what I should request, should I enclose a postal order for £1 or £10 and should I state 'Without Prejudice' on my letter? I would be grateful for any clarifications.

Link to post
Share on other sites

Hi, I'm a little confused with what I should request from 1st Credit - letter of assignment or credit agreement! Also other posts suggest I should enclose a £1 postal order, what is this for? I had an arrangment in writing (states will be reviewed 1/7/09) to pay £40 per month to Goldfish! I then received a letter from them advising the debt has been assigned to 1st Credit. The direct debit is still coming out of my account (ref Barclaycard)! 1st Credit have now written advising the amount has been assigned to them and 'in accordance with Data Protection will forward a copy of the personal information they have about me on their system', for a £10 fee! Can anybody advise what I should request, should I enclose a postal order for £1 or £10 and should I state 'Without Prejudice' on my letter? I would be grateful for any clarifications.

 

You need to start up your own thread, your request will get lost in here. Put up as much detail as you can but keep details that may identify you OUT of your append.

Link to post
Share on other sites

Hi Nicknoks,

Start a new thread explaining your situation and someone more experienced than me will be able to help you.

The letter templates are here though, I believe you will need letter 'N' but please wait for other replies to be sure.:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Link to post
Share on other sites

  • 1 month later...
  • 1 month later...

Hi,

I hope some one can help us, my partner took out a loan with the Halifax about 10 years ago, I think the original loan was for £5000, after a year or so Halifax phoned my partner and offered to increase the loan to £10,000 as intrest rates had gone down and the monthly payments would be pretty much the same!! Of course my partner said ~Yes. He paid this loan monthly for about two years and then defaulted. He went to our local CAB and they sorted out his finances and he has been paying £40 per month since then.

He received a few calls from 1st Credit and and told him that he has to pay the full amount and they wanted to take this payment over the phone. Of course he told them that he did not have the money and they asked if there was someone he could borrow off. (how absurd) he said that we have 7 days to pay in full (the amount they are looking for at the moment is £11,287.11) before he knew who they were they asked if he was working he stupidly told them that he was and that he is self employed, they asked what his earnings are and he told them that it was between £10,000 - £20,000. As far as he is aware he did not admit the debt.

I have also spoken to them and they have told me that if he does not pay this amount they will sent baliffs round! they also said that they would not be prepaired to carry on with the current payment plan with out security, they then asked if we own the house, i told them that we do. At the moment we are not really sure what our options are as we have been paying an amount since the first default.

 

Any help would be appreciated.

Link to post
Share on other sites

alflizo

 

you'll need to start your own thread......it gets you the help you need and doesn't clutter up someone else's thread at the same time

 

there's plenty of people here with experience of 1st crudit.....you'll get the help you need

 

post a thread in the DCA section....it gets most traffic

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...