1st Credit

[tagal]

Hi all, I havn't posted on this part of the forum before.

 

Don't know whether anyone can help.

 

My husband and I have been in a DMP with payplan since January this year. Most creditors have stopped interest. One of which was Citi Bank £4,522.00 (who had accepted our payment and stopped interest). They have now passed on debt to 1st Credit who have written to my husband today saying that "we are passing your account to our solicitors with instructions to secure a County Court Judgement to enforce a Charging Order. Should we succeed, we will give serious consideration to applying to the court for an Order of Sale"

 

Now we also have a C.O. hearing soon from DLC (egg) whose solicitors have said this is purely to secure the debt and will accept the payments we can reasonably afford. This is not to force sale. They went for a forthwith judgement first. I have come to terms with this and understand why they are doing it. The have never hounded us and I think have been as fair as they can be.

 

So this letter has come out of the blue from 1st Credit, and has really frightened me. I am so upset, just when my health was improving after illness due to financial situation.

 

I take it their letter they mean a CCJ not a forthwith (am I correct) and that if we pay a CCJ they can't take it any further. If they go for a forthwith I know that they can go for a C.O as egg have done,but they don't mention a forthwith just a county court judgement.

 

The worry is can they make us sell or take our house. We have two children and would be homeless. I am not strong enough to take this anymore.

 

Hope someone can advise, you may have been through or are going through this too. Thank you X

[make them aktiv runners]

As Citi Bank accepted your payment proposal there is nothing 1st credit can do. The letter is a load of bull, a judge would not allow a CCJ never mind a charging order where repayment arrangements are already in place. The only avenue open to 1st Credit is for you to voluntarily accept thei proposal - NO WAY!

 

Send them a CCA request with the statutory £1 fee (postal order) by special delivery. If they fail to produce the CCA after 12 + 2 working days then you can legally cease payments as well.

[tagal]

Hi, MTAR (sorry abbreviated as bit long)!

 

Thanks for your response. Payplan told us that yes Citi Bank did accept payments via them and I have all statements showing interest was stopped. So when you say that 1st Credit can't do anything is that really true! just hoping it is.

 

Also what is a CCA request and is there a template letter for this. Would this help us in our case not sure what it is or how it will help. Is it about agreement my husband would have signed, if so, if they have it surely there would be nothing we could do and they must have it I guess.

 

Sorry to babble on

[rory32]

A CCA requst asks for a true copy of the credit agreement which would have been signed when credit was given. A template for one is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N.

 

Without a copy of the agreement the debt is unenforceable. You would be suprised by how often these agreements are not kept.

 

If the agreement does not comply in it's format with The Consumer Credit Act 1974 the debt is also unenforceable.

[tagal]

Wow, Ok so we will request this just in case they don't have it. Maybe they have lost it! Its worth a try, I am learning something new every day. Thanks very much, can't stop worrying about loosing the house. X

[tagal]

Sorry to be a pain, but because we have been and still are paying a monthly amount via Payplan does this make any difference or do 1st Credit still have to provide a true copy of the credit agreement if we ask for it before taking us to court.

[rory32]

They still have to provide whether you have been paying or not. Also please realise that them not having a copy of the agreement would provide you with a complete defence against a CCJ.

[tagal]

Thank you Rory32 and all who have answered questions.

 

So if they don't send the agreement they can't go for a CCJ and therefore C.O or force us to sell?. If they still try what do we need to do once we hear they are going to give us a CCJ or even forthwith judgement. Do we go to court and tell judge 1st credit haven't complied and sent us this information? If they do send it to us, then we have to hope that payments we have already made over past six months will be accepted by judge.

[renegotiation]

Don't give up on DLC! They can't get a charging order if you are making payments. They try their hardest to get things through court uncontested and pray that you don't turn up in court! You may be able to get something done about the original CCJ as well. Have you been paying them regular payments?

[tagal]

Hi Renegotiation. The court hearing for the C.O (egg) now DLC is this week. Long story but was given a date last week and had day off work only to be told by court receptionist that the judge had adjourned it to this week and had let solicitors know 18 days ago,and that they in turn should of notified us. Incidently, solicitor turned up as well and knew nothing about the adjournment either. He rang his office (in front of us), and they told him, conveniently, they had received it that very morning! So went home, me in tears only to go through it again this week. DLC have always stated they are happy to accept the payments we have been making via Payplan for last 6 months. Never got a CCJ they went straight for a forthwith judgement.

 

Now with 1st Credit, we have again been paying Citibank a set amount for 6 months which they accepted. Now been debt been sold to 1st Credit and they are after our blood, well they say forced sale - same thing to me! Hope this all makes sense.

[renegotiation]

What day is the court hearing? You are attending it right? I'm not sure what a forthwith judgement is, but no matter, it sounds to me that as things stand they have attained no legal victory over you yet. I would just hang around a bit and wait to see what someone more learned than me reckons.

[tagal]

Court hearing is on Thursday. Yes we are going - again! Forthwith Judgement is asking for the full amount of the debt to be paid immediately, knowing you can't do this they can then go for a C.O straight away - which they have done. This is faster than the creditors going for a CCJ I believe. But we have been making regular monthly payments to them via Payplan anyway, but still are going for a C.O. X

[renegotiation]

I'm sure someone else will come along, but I will give you the best advice I can! Send a CCA request with a £1 postal order by special delivery to DLC tomorrow. Keep the receipt and a copy of the letter.

 

1. I can't see how a judge can grant them a charging order if you are paying them money. Are you sure they haven't got a CCJ against you already? Sorry if I sound patronising as I already asked you this.

 

2. You can challenge their ability to legally enforce the debt in court if they don't produce an original signed CCA with proper prescribed terms.

 

I am pretty sure what I have told you is correct. They are not nice at all by the way. They have probably bought your debt for 10% of what it's worth and are trying to take the full whack straight out of your house! And from what you're saying that is even though you are paying and without trying to get a CCJ first! Yeah, well nice people. They keep it nice and easy for you mate. Ha ha ha ha ha. I hate to meet the ones that are not so nice. I'm not allowed to post what I think of them.

[thereshope!]

http://www.consumeractiongroup.co.uk/forum/general-debt/57495-1st-credit-mbna-applying.html

 

Hi

This is my personal account of what happened to me when 1 st Credit threatened the same.

They applied for and got granted ,a charging order despite me maintaining payments to them through a DMP.

 

1st Credit are the scummiest DCA out there if my experience and many others are anything to go by.

 

They are aggressive and dont give a damn about an individuals circumstances.

 

If you need to know anything else feel free to reply to my thread or pm me.

Good luck

 

Hope x

[ODC]

http://www.consumeractiongroup.co.uk/forum/general-debt/57495-1st-credit-mbna-applying.html

 

Hi

This is my personal account of what happened to me when 1 st Credit threatened the same.

They applied for and got granted ,a charging order despite me maintaining payments to them through a DMP.

 

1st Credit are the scummiest DCA out there if my experience and many others are anything to go by.

 

They are aggressive and dont give a damn about an individuals circumstances.

 

If you need to know anything else feel free to reply to my thread or pm me.

Good luck

 

Hope x

 

They are all **** if you want my honest opinion

[renegotiation]

They are all **** if you want my honest opinion

 

Are we allowed to say that mate? :D :D

 

I think I have found some motivation in life for my spare time. I just need to get 'legalled up'. All free of charge of course! They won't need to sign off their houses to me. Ha ha ha ha. I'm just not nice enough to ask for that. I'm one mean son of a bitch.

[thereshope!]

I'm sure someone else will come along, but I will give you the best advice I can! Send a CCA request with a £1 postal order by special delivery to DLC tomorrow. Keep the receipt and a copy of the letter.

 

1. I can't see how a judge can grant them a charging order if you are paying them money. Are you sure they haven't got a CCJ against you already? Sorry if I sound patronising as I already asked you this.Sorry,but this information is incorrect.A charging order was granted on my house despite the fact I had been paying £25 pm in a DMP.The judge wasn't bothered

 

2. You can challenge their ability to legally enforce the debt in court if they don't produce an original signed CCA with proper prescribed terms.

You can challenge it but many DJ aren't really aware of the CCA .I applied for a set aside on the basis that 1st Credit were not in receipt of a true copy of the executed credit agreement. The judge granted it regardless

I am pretty sure what I have told you is correct. They are not nice at all by the way. They have probably bought your debt for 10% of what it's worth and are trying to take the full whack straight out of your house! And from what your saying that is even though you are paying and without trying to get a CCJ first! Yeah, well nice people. They keep it nice and easy for you mate. Ha ha ha ha ha. I hate to meet the ones that are not so nice. I'm not allowed to post what I think of them.

They will apply for CCJ followed closely by an interim charging order.Once the interim charging order is granted it will just be a formality in getting the final charging order.

Damn blood suckers ! I hate em lol

[renegotiation]

Thanks for the info! Maybe they haven't got the CCJ yet. Even if they have they certainly haven't got the interim C.O. yet. Surely he has to fight it on CCA grounds and just appeal if his case is rejected? Most judges should know about CCAs?

[thereshope!]

Thanks for the info! Maybe they haven't got the CCJ yet. Even if they have they certainly haven't got the interim C.O. yet. Surely he has to fight it on CCA grounds and just appeal if his case is rejected? Most judges should know about CCAs?

 

Yep, thinking about going down this route;)

 

I recently filed for non compliance and 1 st Credit acknowledged service but failed to enter a defence.

 

The court clerk told me to write a letter to the DJ asking that he contact 1st credit and order them to provide the requested details

 

I think I may be in a good position to have a go at them again:D

[thereshope!]

Whatever you do, don't acknowledge the debt !

This is how I ended up having so many problems.

Either dispute the amount if you believe that penalty charges have been added,failing that ,just ignore it lol !

 

The ccj would be granted in your absence, but you will be able to have it set aside on the basis that you hadn't acknowledged the debt....then you can slip in that you really would like to see a copy of your credit agreement.

 

Just don't admit the full debt though lol !

[ODC]

Whatever you do, don't acknowledge the debt !

This is how I ended up having so many problems.

Either dispute the amount if you believe that penalty charges have been added,failing that ,just ignore it lol !

 

The ccj would be granted in your absence, but you will be able to have it set aside on the basis that you hadn't acknowledged the debt....then you can slip in that you really would like to see a copy of your credit agreement.

 

Just don't admit the full debt though lol !

Good ploy. It just shows though that most DCAs rely on the ignorance of Joe Public when it comes to getting CCJs. They would probably wet themselves if you arrived at court with a real solicitor and contested them

[tomterm8]

Rory specifically asked me to look in, so here is the best advice I can give:

 

1st Credit

 

1. Don't worry about 1st credit... this is a threat, and currently an empty one. They would need to get (in order) (1) a forthwith judgement, (2) a charging order (3) and a reposession order. Getting (1) and (3) is difficult, if you (the defendant) knows what you are doing.

 

2. I would suggest that you request a CCA to 1st credit, and send a very general S.A.R. on the account. You especially need transcripts of phone conversations, and lists of any charges. Someone will point you to the template letter, i can never find it:) .

 

Actually, to be blunt, first credit sending this this is quite useful to your second defence.

 

second case

 

We need to know some info. did you respond to this Claim? Were you at the hearing? On what basis was forthwith judgement given - was it default, or admission, or judgement?

 

Do you have proof you were making regular payments?

 

Were charges placed against this account?

 

I would suggest that the answer will depend on the history of the case. IF you were charged penalty charges on this debt, and you didn't bring this up at any trial, I would suggest that you could apply for it to be set aside (assuming you admitted the whole amount) Removal of CCJ's - Valid reasons to have your judgements set aside , Removal of CCJ's - Step by step guide to the process.

 

I would also ask if you have applied for a variation order. If not, I really would suggest you do so. FREE CCJ ADVICE - HELP!!! I CAN'T PAY - and would suggest that you phone up nationaldebtline.com and ask them about it.

 

The third thing is to know is that, in practice, a charging order is not the end of the world. The judge is almost certainly NOT going to make you homeless, that would be reserved for people who fail to pay the installments made under the charging order that is generally very small.

 

Fourth thing is to phone up National Debt Line again, and ask what the defences are against a charging order.

 

i believe that one of them is the defence that it will harm other creditors, and force them to take you to court. i would suggest showing the judge your existing payment arrangements AND the fact that one of your creditors has suddenly started threatening applying for a charging order regardless of the payment plan, and that several of the other creditors are getting distinctly edgy and have told you they are preparing court papers, although they were happy with the payment arrangements before a charging order was applied for.

 

Hope this helps.

[thereshope!]

Rory specifically asked me to look in, so here is the best advice I can give:

 

1st Credit

 

1. Don't worry about 1st credit... this is a threat, and currently an empty one. They would need to get (in order) (1) a forthwith judgement, (2) a charging order (3) and a reposession order. Getting (1) and (3) is difficult, if you (the defendant) knows what you are doing.

 

2. I would suggest that you request a CCA to 1st credit, and send a very general S.A.R. on the account. You especially need transcripts of phone conversations, and lists of any charges. Someone will point you to the template letter, i can never find it:) .

 

Actually, to be blunt, first credit sending this this is quite useful to your second defence.

 

second case

 

We need to know some info. did you respond to this Claim? Were you at the hearing? On what basis was forthwith judgement given - was it default, or admission, or judgement?

 

Do you have proof you were making regular payments?

 

Were charges placed against this account?

 

I would suggest that the answer will depend on the history of the case. IF you were charged penalty charges on this debt, and you didn't bring this up at any trial, I would suggest that you could apply for it to be set aside (assuming you admitted the whole amount) Removal of CCJ's - Valid reasons to have your judgements set aside , Removal of CCJ's - Step by step guide to the process.This is the process that I followed.The judge stated to me that ignorance of the law was not a valid point in having the ccj set aside.

He went on to say that a set aside would only be considered if it had been a matter of weeks rather than months since the ccj had been granted.

I followed the above guide step by step.IMO,if the admission has been made that the debt is owed by yourself, you have little chance of getting a set aside

 

I would also ask if you have applied for a variation order. If not, I really would suggest you do so. FREE CCJ ADVICE - HELP!!! I CAN'T PAY - and would suggest that you phone up nationaldebtline.com and ask them about it.

 

The third thing is to know is that, in practice, a charging order is not the end of the world. The judge is almost certainly NOT going to make you homeless, that would be reserved for people who fail to pay the installments made under the charging order that is generally very small.

True. In fact , if the debt is under 5K interest will be frozen from date of judgement, so can actually be a good(ish) thing !

 

Fourth thing is to phone up National Debt Line again, and ask what the defences are against a charging order.

 

i believe that one of them is the defence that it will harm other creditors, and force them to take you to court. i would suggest showing the judge your existing payment arrangements AND the fact that one of your creditors has suddenly started threatening applying for a charging order regardless of the payment plan, and that several of the other creditors are getting distinctly edgy and have told you they are preparing court papers, although they were happy with the payment arrangements before a charging order was applied for.

I did this too ! The appointed solicitor was straight in with the argument that papers had been served on all the other creditors advising that 1st credit were applying for a charging order,giving them the oppertunity to state if they objected,and to reply by a certain date.

No one objected which is quite suprising as I owe 72K to 16 creditors !

The solicitor stated that were applying for the charging order to secure the debt as if I filed for bankruptcy,they stood to get a very small amount back.The judge agreed on all points

Hope this helps.

 

 

Some good points, but ones which will all have been covered by the solicitor. You can be sure that they will be expecting everything that you throw at them.

 

I don't want to appear to be negative on this,but I truly believe that I researched and did everything that could possibly be done.

I had help from many members on this site, including Inkogneetoh,Battleaxe and Rhia who are so experienced in these matters and still the final charging order was made.

 

I think you stand a fair chance of fighting this if the judgement has been made in default,however it will be extremley difficult to halt the process if you have already admitted the debt.

 

Time is of the essence and you need to tackle this head on , you really do.

 

I wish you all the best on this and if you win then it will be a victory of sorts for me too,actually it may help me in my appeal process lol !

 

Good luck

 

Hope xx

[babybear39]

Hi tagal ,

 

Subscribing and offering my best wishes, good luck and support with these 'people'.

 

Have my own 'battle' with them, and I have to say they're the worst of the worst...Stuff of nightmares is an understatement...

 

They think they're beyond the law, but they're sadly mistaken

 

Try not to worry and stand strong, knowing that you have thousands of CAG members here supporting you

 

*hugs*

 

BB

[renegotiation]

***IF*** he hasn't had a CCJ against him yet he can fight it on CCA grounds in court on Thursday and will either win then and there or on appeal. Does anyone actually disagree with this? I'm trying to learn!