1st Credit

[Gopher1]

Update

12+2+1 working days and no CCA from Citi (1st Credit)

Sent off two other requests for other CCA's and no reply at all from them:)

[renegotiation]

Good luck Tagal. So you are now fighting both the C.O.'s?

[Gopher1]

hi renegotiation.

Sorry my fault, but this is separate to the two pending CO's! They are with Egg(DLC), I have started the CCA route with my other creditors. Egg have supplied thier CCA's:-|

[conar686]

 

It's your choice, but after the 12 + 2 you can withold payment until such time as they furnish you with a true copy of your properly executed CCA.

 

However, if they pass the further calendar month, they then commit a summary criminal offence and you hit them with TS ASAP.

 

If this happens they have to go to court to make you resume payments if they miraculously produce a proper CCA.

 

Hope this helps and good luck,

 

No disrespect BB but a better way than maybe stopping payments is to remind them that by collecting on a debt that is in dispute they are in breach of OFT Debt Collection Guidance on ‘unfair business practices’ July 2003 (updated December 2006) in that by not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Add this to your complaint to their local TS once they are beyond the 30 days. by doing it this way & providing you can afford to keep paying - it shows good faith to a Judge should proceedings go further.

[ODC]

No disrespect BB but a better way than maybe stopping payments is to remind them that by collecting on a debt that is in dispute they are in breach breach of OFT Debt Collection Guidance on ‘unfair business practices’ July 2003 (updated December 2006) in that by not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Add this to your complaint to their local TS once they are beyond the 30 days. BY doing it this way & providing you can afford to keep paying - it shows good faith to a Judg should proceedings go further.

I see where you are coming from, but why pay them any more after they go into default. They couls mess about for another 6 months befor eventuallly admitting they havent got a CCA. By which time you will probably have paid them twice as much as they actually paid for the alleged debt. Try getting the money back from the maggots after you have paid them. Personally speaking these shysters know the law and should not be taking payments for a debt they cannot prove. You could always pay the monthly payment in a savings account or the like and then at least you would still have the money and proof that you were prepared to pay it every month and if in the unlikely event the monkeys came up with a valid CCA then you would have the money to pay it.

[conar686]

;-) ODC - Just a flash back, in my Ireland days (was in the Army) that stood for 'Ordinary Decent Crime' as opposed to terrorist acty - I digress

 

Works either way for me - the point I'm really making is by paying directly or otherwise shows the judge you're not avoiding the problem just making lawful requests. If they fail to produce the CCA then I think you have a case to claim the money you've paid them back.

[ODC]

;-) ODC - Just a flash back, in my Ireland days (was in the Army) that stood for 'Ordinary Decent Crime' as opposed to terrorist acty - I digress

 

Works either way for me - the point I'm really making is by paying directly or otherwise shows the judge you're not avoiding the problem just making lawful requests. If they fail to produce the CCA then I think you have a case to claim the money you've paid them back.

Well I suppose its ok either way but trying to get the money back from these monkeys may be easier said than done. Hitting them where it hurts i.e in the pocket may get speedier results. They should not actually be demanding money once they go into default though. Paying them only encourages them (good idea for a user name:-D ). In the end up you would probablly have to take them to Court to get the money back.

 

ODC - Ordinary Decent Criminal What are you suggesting:eek:

 

The Mill 88:wink:

[conar686]

ODC - Ordinary Decent Criminal What are you suggesting:eek:

 

Suggesting nothing dear fellow just commenting on how three letter acronyms (TLAs) have changed over the years. I am sure you are the very definition of 'law abiding'

[rory32]

If they fail to produce the CCA then I think you have a case to claim the money you've paid them back.

Based on what?

 

The debt still exists it is just unenforceable. The judge is under no illusion that you didn't take out the debt. Any monies you paid would be deemed as paid voluntarily and as such would not be refunded.

[Gopher1]

Hi, update.

No sight of agreement, it is now 20 working days since I requested the CCA .

I am still making payments as like someone said before, to carry on, if it goes to court it shows i am not running away from the debt.

Just wondering though is it 30 days from the first request before I can go the next step of filling a summary criminal offence? Or is it 30 working days after the first 12+2?

Sorry to be dumb but what is TS?

Cheers for the advice so far

[babybear39]

30 calendar days after the 12 + 2

[babybear39]

TS = Trading Standards, here's a link:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[Gopher1]

Thanks babybear. that was a quick one lol

[babybear39]

You're very welcome

[tomterm8]

Am a bit confused as to some of the advice on this thread... if he's already got a CCJ ( a forthwith judgement) then a CCA request won't help much.

 

Did you go to court over the charging order?

 

have you had a forthwith judgement, or is it a threat?

[Gopher1]

Hi Tomterm. I do not have the pleasure of a CCJ concerning this CC acount with Citi (1st Credit) The pending CO's are with Egg and by the way the court hearing is a day in next two weeks

[tomterm8]

Hi Tomterm. I do not have the pleasure of a CCJ concerning this CC acount with Citi (1st Credit) The pending CO's are with Egg and by the way the court hearing is a day in next two weeks

 

Cool, with regard to 1st credit, if they've defaulted on the CCA you can stop paying them... put the money in a bank account for the next four months, so if they turn up again, you can pay any arrears.

 

With regard to the CO hearing, don't forget to put your arguments in writing to the court, so the court recieves it at least 7 days in advance and fax it to the dca's solciter)

 

Hope it goes allright... judges have a tendancy to give them out like confetti, but it's very rare it would actually be repossessed, so it only affects you if you want to sell up...

[tomterm8]

Also, i would suggest you send the Original creditor a S.A.R., and have a look at any charges... it would be worth reclaiming them.

[lottery-loser]

Tonight I am a virgin! Well it's my first post on here...

 

I am also having trouble with 1st credit who want to take me to court for less than £3k and ultimately get an order for sale of our flat.

 

Now I have read lots of posts on here and it seems to that my 1st job is to get the CCA but am I right in thinking that if it's an application and not an agreement it's not enforceable. THe original debt was to citibank. Has anyone else been through this process (successfully)?

 

THe other thing I'm wondering is that although I own part of our property, in order to serve papers they have to have my current address at which I'm living? So, if I am working away from home and living elsewhere, can they still serve papers on me at an address simply becaseu I own it?

[conar686]

Tonight I am a virgin! Well it's my first post on here...

 

I am also having trouble with 1st credit who want to take me to court for less than £3k and ultimately get an order for sale of our flat.

 

Now I have read lots of posts on here and it seems to that my 1st job is to get the CCA but am I right in thinking that if it's an application and not an agreement it's not enforceable. The original debt was to Citibank. Has anyone else been through this process (successfully)?

 

The other thing I'm wondering is that although I own part of our property, in order to serve papers they have to have my current address at which I'm living? So, if I am working away from home and living elsewhere, can they still serve papers on me at an address simply because I own it?

 

First thing - probably best if you start your own thread

 

They'll likely send all documents the registered address on your credit file

 

Have 1st Credit started proceedings or are they threatening to do so.

 

Get a CCA off to them ASAP - Creditors and DCAs - Letter Templates & Budget Planner letter N. Add a line that states you will only discuss this matter in writing

 

Also Send a SAR to the original creditor requesting all data on all systems

Data Protection Act - Subject Access Request Generator *** New ***

 

Search the debts & DCAs threads for all threads on 1st Credit. Be advised they often peruse CAG for threads regarding them, its advisable to keep strategies hidden and add as much disinformation as you can

[lottery-loser]

First thing - probably best if you start your own thread

 

They'll likely send all documents the registered address on your credit file

 

Have 1st Credit started proceedings or are they threatening to do so.

 

Get a CCA off to them ASAP - Creditors and DCAs - Letter Templates & Budget Planner letter N. Add a line that states you will only discuss this matter in writing

 

Also Send a SAR to the original creditor requesting all data on all systems

Data Protection Act - Subject Access Request Generator *** New ***

 

Search the debts & DCAs threads for all threads on 1st Credit. Be advised they often peruse CAG for threads regarding them, its advisable to keep strategies hidden and add as much disinformation as you can

 

 

Thank you Conar, I've done/aware of all that (except the new thread bit! I think I did intend to do that 1st time but it obviously didn't happen or it's been moved, whatever...!)

 

How do I check whether the agreement complies with the Cons Credit Act? I know you can pay to do this, but being broke that's not ideal!!

[conar686]

Post it on your thread &/or http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-new-post.html if you can scan it and ask the experts.

[Imalittleteapot]

It looks as though 1st Credit are a bit of an arse. I had a debt with them a while back, just over £1000 that was an old Barclay Card account that I had failed to pay on time and struggled to keep up with the repayments. So I called 1st Credit up over four months ago to get a settlement figure, which was £740. I had the money there and then so I paid it off. I now get a letter through the post from a company within 1st credit wanting the so-called outstanding £260 from a Barclays Bank account that I have never had, and although I was told over the phone that the company that is requesting the money is in the same building as 1st Credit! Anyway, I ring the number that is on the letter, and I hear a voice on the other end saying, "The number you have dialled is temporarily unavailable, please try again later". So they really want my money hey? With my credit buggered already, they can sit on my middle finger.

[conar686]

Tea pot

 

They monitor this site regularly so leave messages for them here they'll get them;)

[rory32]

So I called 1st Credit up over four months ago to get a settlement figure, which was £740. I had the money there and then so I paid it off. I now get a letter through the post from a company within 1st credit wanting the so-called outstanding £260 from a Barclays Bank account that I have never had,

This illustrates exactly why, if you do agree a full and final settlement, it must be done in writing and NOT over the phone.