1st Credit Demanding Payment

[renegotiation]

If they had the CCA and she offered them cash up front I reckon they would take 3.5K. They love it up front.

[Josie8]

My feelings exactly

[KeefG]

Yes but if its put to them if you don't remove the default you can wait for the money or get the default removed and I'll pay you a nice lump sum.............saying after all I've nothing to lose.................

 

If he plays it well I think they'll back down - I've seen it on other threads

 

Fair point, i suppose theres nothing like a lump of cash as a bargaining tool

[ODC]

the DCA cannot default her if they cannot prove the debt. I also think she would have a good case to fight the original lender over a default that wasnt entirely of her own making. Obviously the person in the origal lenders office went to the same charm school as the DCAs. I would put my case in writing to the original lender

[cluedup]

the DCA cannot default her if they cannot prove the debt. I also think she would have a good case to fight the original lender over a default that wasnt entirely of her own making. Obviously the person in the origal lenders office went to the same charm school as the DCAs. I would put my case in writing to the original lender

 

Hi guys,

 

Just to clear up any confusion I'm a he

 

It just doesn't sit right in my mind that I get defaulted in such circumstances and so I will do everything I can to stop it happening. I'm going to try to do my best this weekend to not think about it. Then on Monday at 10am I'll discuss my options with my solicitor. I wonder how many calls I'll get from 1st Credit before then?!

[rory32]

Are you aware that a default notice has to be served on the debtor to be valid? The default notice also has to be accurate (specific to you) and contain prescribed terms to be valid.

[cluedup]

Hi all,

 

Latest installment .....

 

Received settlement letter offer from 1st Credit this morning. Interesting points to note are:

 

• My name is spelt incorrectly.
  
• They have given me until end of July to make full payment (previously it was due mid-July).
  
• There is no mention of need to pay something immediately.
  
• There is no confirmation of a default not being recorded on my credit file.
  
• The letter is dated 22nd June (yesterday) despite the fact that I was told yesterday that 'a letter' was sent on 21st June.

I'll take it along with me to solicitor on Monday but would I be right in thinking as they don't have the correct name on the letter I haven't actually been issued with the demand so don't arguably need to act?

[ODC]

It just shows how incompetent tey are. Sorry to sound negative but 1st credit are not reknowned for their integrity and if you read other threads about them on here you will find what they are really like, They will soon start on their usual harrasing threat calls. Go down the CCA route before you do anything. They may appear to be offering to save you 4 grand when in actual fact they may have no right to demand anything

[cluedup]

It just shows how incompetent tey are. Sorry to sound negative but 1st credit are not reknowned for their integrity and if you read other threads about them on here you will find what they are really like, They will soon start on their usual harrasing threat calls. Go down the CCA route before you do anything. They may appear to be offering to save you 4 grand when in actual fact they may have no right to demand anything

 

Needless to say another phone call just received that I rejected. No voicemail this time. I simply sent another e-mail stating that I have requested on numerous occasions yesterday that I do not want to be contacted by phone and to put all communication in writing.

 

I am definitely not paying anything given the incompetence and blatant lies they have told so far. I'm going to wait until I've seen my solicitor on Monday but am highly likely to be requesting the CCA that afternoon.

[cluedup]

Are you aware that a default notice has to be served on the debtor to be valid? The default notice also has to be accurate (specific to you) and contain prescribed terms to be valid.

 

Sorry Rory, could you explain this a bit more for me? Does this mean they would need to notify me of the default?

[rory32]

Does this mean they would need to notify me of the default?

Yes, by sending you a default notice that conforms to the CCA1974 and the Consumer Credit (Enforcement Default and Termination Notices) Regulations.

[cluedup]

Yes, by sending you a default notice that conforms to the CCA1974 and the Consumer Credit (Enforcement Default and Termination Notices) Regulations.

 

Just checked the terms of the loan and it does state clearly:

 

"If you fail to pay any monthly installment ... we shall have to give you at least 7 days' notice in writing, to give you a chance to put things right, if this can be done, or to pay us compensation, if not. This is called a default notice."

 

I have never received one of these. First communication was from 1st Credit telling me the entire balance was due!

[Josie8]

Just checked the terms of the loan and it does state clearly:

 

"If you fail to pay any monthly installment ... we shall have to give you at least 7 days' notice in writing, to give you a chance to put things right, if this can be done, or to pay us compensation, if not. This is called a default notice."

 

I have never received one of these. First communication was from 1st Credit telling me the entire balance was due!

 

Then the default isn't valid. Send off for your CCA immediately too. If you're seeing your solicitors tomorrow the court case to cite re the CCA is Wilson v Minister of Trade & Industry 2005

 

Don't let them intimidate you these DCA's & never trust a word they say.

 

Good luck tomorrow & let us know what's adviced

[cluedup]

Hi there,

 

Sorry for the delay but after another week of fun and games here is the latest ...

 

Met with solicitor who advised the following:

 

a) It is very strange that my the lender did not state anywhere in the terms of the loan what happens when someone leaves employment.

b) I should approach 1st Credit asking for confirmation that they will accept £6500 as full and final payment and that the only adjustment made to my credit record will be to show the file as satisfied.

 

So I e-mailed 1st Credit asking for the above. 2 days later I received an e-mailed letter stating what I had asked, clearly stating they will update the file to show as 'satisfied'. I then presumed all would be okay.

 

However .... 2 days later I received a subsequent e-mail advising that they had spoken to the lender and they said they will only update it to show partially satisfied.

 

Solicitor is now away until Thursday and I'm getting sick of it dragging on!

 

I have just checked my credit file and the account is now showing as defaulted - b***ards!

 

Whilst I just want it to go away (and paying seems the easy option) I REALLY do not want that default hanging around for years especially when I was never even notified!

[ODC]

Wait till you see your solicitor. 1st Credit may well be bluffing. Have your solicitor write to them.

[dom2]

Hi Cluedup,

I've dealt with 1st credit, like you by email. It's all sorted now thankfully in my favour but since, I've been getting some very strange spam emails.

I'm not sure if they're related but from now on I'm going to use a disposable email when dealing with DCAs.

If you notice the same would you let me know? Anyone else noticed this?

 

Just because you're paranoid doesn't mean they're not out to get you:)

[Josie8]

Play hardball - say no lift default then will pay debt at 10 a week. lift default i'll pay you the 6.5 k (or whatever). They'll cave in if you stand firm..........

[rory32]

Yeah DCA's like cash now rather than later. Keep plugging away at them, they will cave. Just make sure that any offer is accepted in writing as a full and final settlement with no strings attached.

[Gingerbaby]

Did you get any joy with this? EDIT

POST EDITED TO REMOVE PERSONAL COMMENT.