1st Credit Help

[Murphy69]

Take your time P & P and please don't panic, the pressure is on them, not you, refer back to What Rory said in earlier posts.

I settled with these guys for 7% when they couldn't produce an original cca. in your case, it appears they have produced something but you said that the prescribed terms were missing. if that were to be the case, then the agreement would be unenforceable.

Everyone situation is different, in my case, i took the attitude that I had screwed up financially and was not going to run away from the situation and that i originally had the money so therefor should do my best to pay it back. I was also in serious financial difficulties so I felt a fair settlement was 7% since they could not enforce the debt and if i was pig headed, I could have gave them nothing.

If i was in your situation, i would write them a letter along these lines with a heading

 

" strictly without prejudice"

I completely dispute this debt and intend to vigorously defend any court action as this agreement is unenforceable in a court of law for the following reasons:

Missing prescribed terms -

list them

then the sweetener

However, despite the above and to save further long and protected discussion's and save further expense to yourselves, I am prepared to make a full and final settlement offer on the basis that once accepted this debt is completely cleared and I will receive confirmation from yourselves to that effect. On this basis of full and final settlement, I am prepared to offer % = to £.

I must stress this is a final settlement and once my cheque has cleared my debt will have been settled in full and my credit file marked accordingly.

I understand this is very difficult for you but in the current situation, I feel this is the best way to resolve this in a speedy, fair and efficient manner.

 

yours faithfully

 

obviously you can change this around, you may wish to use it or bin it, the choice is yours but I have settled in excess of 200K in this way.

I wish you luck

[Pride and Passion]

Thank you all for your responses i will get a letter sent to them this weekend

[Haps]

Pride and Passion

 

How did you get on ?

 

I have found this forum recently and going through CCA process with 1st Credit on a age old so called debt which I have paid twice over in amount and still getting hounded. First time from Mackenzie Hall and recently by 1st Credit.

[rinfrance]

Hi, I am new to this site but not this sort of thing. Years ago I worked for similar companies, was a licensed debt collector and a bailiff.

So, all these companies do what used to be called "flying a kite". You basically sail extremely close to the wind and probably break the law. The object is twofold, firstly get monies out of the debtor and secondly increase his debt.

Do not respond to any letter(s). Contact the original organisation to whom you are indicated you owe the debt to, and if you are either not aware of the alleged debt or it was so long ago then maybe email the company asking for more info and in the case of the above to [email protected] . If they ring you at work that can be construed as illegal, if they contact you more than 3 times then that is harrassement.

This company is into kites, they are chasing for example a debt 5.8 years old that was on a credit card that was stolen and subject to police action and the person is mentally unstable and further totally peniless.

So to sum up only email them, do not ring their premium rate number, do not admit the debt, (having done so whilst being harassed on the phone does not count) and finally if you get a court summons for phux sake GO. The reason is if they get a judgement due to silly prats not defending themeselves then tough, YOU HAVE THEN TO PAY.

Even if the debt was not yours.

Note however the court MUST be your local court, so in the event that they want to do it in outer mongolia and you live on the moon then ask the court AT THE TIME OF THE RESPONSE TO THE COURT to transfer it to your local court.

Take everything you can to the court, DO NOT ADMIT THE DEBT.

Its then for the company to prove everything.

The case I have an interest in? Well if they DO proceed then they are real idiots, a million from nothing is still nothing, and thats after proving the debt, difficult on a 5.8 year old stolen credit card.

[jams76]

Hi All,

 

I've been reading the 1st Credit post with much interest and deciced to register. I'm actually very worried now after reading some of the posts.

 

My husband and I currently have a Debt Management Plan with our local Citizens Advice Bureau. This has been ongoing for the last couple of years with no obvious problems apart from one company ASSET Link taking us to court. We now have a time to pay order set up, so that is going fine. Everything else was running smoothly for a while there until last week.......

 

My husband had a Marbles Credit Card provided by HSBC and they have for about the last year and a half have accepted payments for £16 pm for a £3,500 debt. 1st Credit wrote to us about the debt being sold to them, I provided the CAB with a copy of this and they sent off a financial statement(offering £16pm). Today we got a legal proceedings letter from 1st Credit. I phoned the CAB and they contacted 1st Credit and finally the bad news is - they won't accept the payments because we are home owners. They were even asking who's name the house was in etc. I have been advised just to keep paying the £16 because it is very unlikely they will take it to court (I'm in Scotland) but now I'm not so sure. I'm terrified they contact my husbands employer or my house gets taken off me (I have a 6 year old daughter).

 

I really dont know where to go from here and if they do take me to court what is the likey hood of me losing the house?

 

Thanks for your time and sorry for blabbering on

 

jams xxx

[ScarletPimpernel]

If they ring you at work that can be construed as illegal, if they contact you more than 3 times then that is harrassement.

 

 

Not quite correct. Ringing at work if you have asked them not to is a breach of the OFT Guidance, but not illegal (unless you'd care to provide a reference). Harassment is defined by the perception of the victim, and the number of calls that may or may not be made is not defined in any statute law. It follows that one call may be constituted as harassment if that is how the victim perceives it.

 

Please don't think I'm singling you out for criticism, especially as a new member. We hear the same old dog-toffee time and again from ex-DCAs. It isn't true just because the company's training manual (a slim volume, I imagine), says it is.

[babybear39]

Calling at you at work can be dealt with using the harassment by telephone letter, sorry I'm not allowed to post the contents.

[rinfrance]

Hi well you are theoretically correct, however, should the case come to court then it is accepted that to repeatedly contact someone about a debt that is in contention, or otherwise being dealt with is harrassement, fancy trying it, well dont.

The then Eastern Electricity board spoke to the then financial ombudsman and they were informed of that AND they lost the claim. (Pity really 'cos the reason we stopped the monies was due to the electricity supply being below 200volt. Meters are only calibrated to +/- 10% we had loads of backers, weights and measures, OFFER and gawd knows who else)

According to the info given to us by the financial ombudsman at that time the correct procedure is to (not including original invoice and reminder) contact by letter stating the facts, then a follow up letter, possibly a phone call and then court action. In excess of £5000 then, meant crown court.

If any body is interested then 1st. credits actual ordinary phone number is 01737 228 555 (switchboard) and their email address is [email protected]

In respect of people worried about their house, all that can happen is a lean taken against the property. So if the property is joint then the lean would come out of the debtors half in the event the house is sold.

Interestingly enough I cannot find any reference to interest in the event of a lean. Possibly is but once there is a lean then that is it just a lean for the amount. Interesting (debt collectors joke).

Also if you are paying them monies they can do no more so for example £5 a week will be paying of a debt, and for say £3000 then the company stand little chance of getting more.

In the instance of the volunteer to pay and it being refused on that amount start sending it anyway, if you can discover a transcash account for them use that it forces the monies into their account and they cannot stop it. If it goes to court then the judge may say thats ok keep paying it and in any case will not uphold any other means.

As an aside, should the collection company threaten you with various things then that can constitute an illegal act.

As for at work, well as far as we were told it was illegal to contact someone at work with out the prior consent of the company. Even police cannot just go on to a property to arrest someone at work without first asking permission (or an entry warrant issued by a judge) unless following actively a felon.

I gather that the former is something to do with unlawfully stopping someone from working (also theft of phone service) the proprietor can sue and will possibly get monies for loss of workers time and if the worker is upset at work all the ramifications of that.

Dont ring employees of people who know me at work like that bills soon follow along with above mentioned court actions... :grin:

[Greenpea]

Would anyone be so kind as to inform me of the fee you have to pay for a CCA request. I take it that CCA stands for Consumer Credit Agreement.

I read on one of the posts here that it costs £10 for an S A R request. Also if you don't have an account with a bank can a friend write a cheque out for me.

[Shazza50]

The fee for a cca request is £1, you are better off paying with a postal order. Do not sign the request, just print your name.

 

Shazza

[babybear39]

Send it recorded delivery and keep a record of the PO number to check to see if they cash it also

Edited May 11, 2008 by babybear39
missed something

[rinfrance]

Hi reference the paying by postal order, again you can pay by transcash you do not need any account you do not even have to declare who you are. It works out cheaper, no postage, more secure 'cos you know its in the right account and stands up in court. (postal orders and cheques dont as the recipient does not have to have paid it in.)

Just pay the monies in and keep the receipts. As for signing things, no dont, not ever.

If worst comes to worse, put an x and say you cannot read there is no law that says you have to be able to read.

[babybear39]

For transcash payments you need the DCAs bank details, which, looking through many threads, they are reluctant to give.

[Greenpea]

Thanks for that info everyone.

A little about my debt without giving to much away, incase the spy's are looking in.

It was from a previous address, and it's just over six years or so if not six years will only have a few months till it is, since my last payment. I have never accknowlenged any letters they have sent me. In fact I took a bin load to the corperation dump unopened. I have since flitted to my present address. I have been sending back there letter's saying that. I don't live at this address.

Have opened the last letter, they are saying that they may send a statutory demand followed by bankrupty.

would an s a r plus a cca give me the time "if needed" The s a r would tell me when I paid the last payment, wouldn't it.

It's an old credit card debt and in this latest letter they say that the oringinal creditor is 1st Credit witch is wrong as it was a credit card company. I havn't worked for over six years through a back injury.

[creditcardmug]

If a stat demand is in the offing, i would make sure you open the letters from now on, in case there is one inside, you can get this set aside ok, but you only have 18 days to do it.

 

You can certainly send them a CCA request encosing £1 po, print sig don't sign

 

As for harassment

 

Have look at the letter i sent to barclaycard/mercers ive had no problems since

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: = ACCOUNT IN DISPUTE

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

I look forward to your reply

 

Yours Faithfully

Edited May 11, 2008 by creditcardmug
remove acc number

[rinfrance]

Creditcardmug well I think you ought to change your name, gosh it yonks since I saw that bit of paper.

However you are spot on.

As I said before this company is flying a kite, frankly we have gotten a complaint going to the ombudsman about them and I suggest that others do the same.

As for bank details, well it can be done, for instance the simplest way is to ring them up and ask them.

Failure, or rather refusing to give info to facilitate payment for a debt CAN be construed as wilfull refusal to increase the debt, more than one bailiff company got shot up the you know where on that.

As for the age, it is six years from the date of debt to be written off. Now the question on this is is it from the date of the debt, or from when say the card company realised it was not getting its monies.

It apparently has already been established in court that it is the date of indebtedness to the company ie when say you bought the product, not when the bill was presented.

[Guest DanniGuilleumas]

let me explain how a charging order work...you will loose your house...the remaining of the mortgage gets taken off the sell price first...and then athe rest goes towards all ur debts...so you get left with nothing...that's how it works

i personally advise you to contact 1st credit and do whatever you can for this not to happen.Make arrangements,try and raise the money and pay the debt off.This way u don't loose your house and you get bad credit rating removed from your file.

They can get a copy agreement in 97% of the cases.Do you really want to put your home at risk to see if your part of the 3% ???

And yes,doesn't matter ur in Scotland...they can still do it(it is part of the UK)

So take my advice and sort it out before it's too late.

[lickthewallfatboy]

I don't suppose you "work" for a DCA?Go get a real job.....

 

LOL

 

you're not dealing with people who have no idea how to handle your kind of operatives....then again you're not here long enough to know that....

 

which one do you "work" for-I use the term loosely....VERY loosely

 

trolls are getting easier to spot-they're not even a challenge nowadays!!

[rinfrance]

For a start whilst a charging order may be requested it is more likely that a "lean" is taken out against your property.

In effect what this means is that in the event of the house being sold, repossesed, part of an inheritance that the person with the lean comes first. :xNow the nasty bit, it MAY be that your mortgage company is not too happy about that and MAY stop the mortgage. However, getting a lean for a paltry sum (compared to the house value) is not often accepted by courts. They dont like debt collectors too much either.

The address is The Omnibus Building, Lesbourne Road, Reigate, Surrey, RH2 7JP, United Kingdom. their email address is either [email protected] or [email protected]

The normal telephone is

Switch Board: 01737 228 555

Your "admission" means nought and further the threats made towards you are illegal and so is the other wording. To deliberately try and evade payment is also not a good idea, either pay up, or go bankrupt, or prove the debt is not yours of course. Just offer and send monies to the address with and intent to pay so much per month without any signature on the letter and send either a money order, or a bank cheque, and they can write all they want, you can just ignore that, and send them a letter about harrassment as above. If then they do not stop contact the financial ombudsman. You might like to go and see the Citizens advice before you do ought, some debts are not payeable.

[OldGlory]

Hi guys

 

I have been heartened by reading this forum tonight regarding 1st Credit, I do need some advice & help though

 

I to was contacted a couple of months ago by these lot saying they had bought a dedt I had with Citi Financial & they wanted the balance outstanding (just over £4k) paid within 7 days

 

The person I spoke to on the phone wasn't really interested when I said straight away that I wouldn't be able to pay that & he was talking about CCJ's & a lot worse. I agreed to contact them within the 7 days & when I did I said that I could pay them £800 over 2 instalments (£500 0n 8th July & the rest at the end of July - this is money I had been able to borrow from someone). I spoke with a really nice woman there (sounds like the only 1) who agreed to do this for me & that there would be no court action etc. Well you can imagine this felt a great relief as I have a wife & a 5yr old & they know nothing about this. The day after I arranged this they sent me a 'Default' letter dated the 2nd July for a payment I HADN'T made on the 8th July (this date hadn't even arrived yet) for the initial £500 & when I rang to query this I was asked to send them a copy of their letter (surely they should have a record of it on their system).

 

The bloke I spoke to seemed totally disinterested in what I was trying to explain & it seemed as if because I owed them money my opinion was irrelevant. I didn't make my 2 payments as I was waiting for a letter in writing clarifying that the default was a mistake but I received nothing (only a load of calls to my mobile which i didn't/couldn't answer) until yesterday when I received a letter from LCS Solicitors who were acting on 1st Credits behalf & demanding payment within 7 days or court proceedings were likely & all the nasties which other members have reported on this thread previously. The solicitors letter said I should make my correspondence with 1st Credit & not them so when I phoned 1st Credit today I was told that they needed a lump sum of just over £1500 within 7 days or things would go further.

 

What should I do??

I would be grateful for any help in this matter

 

To let you know I have a few other debts & ALL (including Citi/1st Credit) are being dealt with by Payplan & Citi/1st Credit have received an income/expenditure report from Payplan & a monthly offer of payment & 1st Credit are the only ones who are causing any trouble

 

Please help me

[mr.ton]

let me explain how a charging order work...you will loose your house...the remaining of the mortgage gets taken off the sell price first...and then athe rest goes towards all ur debts...so you get left with nothing...that's how it works

i personally advise you to contact 1st credit and do whatever you can for this not to happen.Make arrangements,try and raise the money and pay the debt off.This way u don't loose your house and you get bad credit rating removed from your file.

They can get a copy agreement in 97% of the cases.Do you really want to put your home at risk to see if your part of the 3% ???

And yes,doesn't matter ur in Scotland...they can still do it(it is part of the UK)

So take my advice and sort it out before it's too late.

 

Dont feed the troll

[OldGlory]

Hi Mr Ton

 

Sorry it's late, can you explain??

[dx100uk]

urm..me thinks DanniGuilleumas

is not all they appears to be

what strange advice, not working for a debt collection agency on commission are you?

 

dx

[OldGlory]

Hi dx

 

Any advice for me?

[dx100uk]

Hi guys

 

What should I do??

I would be grateful for any help in this matter trouble

 

Please help me

 

well firstly STOP talking to these clowns on the phone!!!

NEVER ever use the phone.

you say little about he origins of the debt, but have you fired off a CCA request?

how do you know they are legally entitled to chase you?

 

plus you say they have brought the debt? if

this is correct then they would have brought it for peanuts, anything they get out of you goes in their pockets , .

 

dont pay a penny until they prove to you they have the correct documents...and stay off the phone!!

if they continue to ring you, fire off a telephone harrassment letter from the templates section..

 

it might also be an idea to start your own thread too!

 

dx