1st Credit taking me to court in Scotland

[Foggieloon]

1st Credit is taking me to court in Scotland for a debt they bought from Northern Rock in 2003. The original loan was defaulted in 2000 and since then I have been paying it back with a DMP with the CCCS.I have been issued with a INITIAL WRIT stating that I owe £4438.76, they have stated on the writ that I have refused or delayed to make payment. I have never missed a payment to my DMP (£49 per month).

The CCCS has advised me to fill in the application for a time to pay direction and offer £100 per month.

What should I do?

I have to reply to the Sheriff Court by 18th September.

[Seahorse]

Fit like, Foggie? You'll have realised by now that this is in the Cabot thread, and needs to be shifted. I'll PM a mod to ask that it be moved for you to the general DCA section.

 

However, I'd be asking your DMP what the heck they have been doing with your money, if it hasn't been paying off your debt.

 

The CCCS advice is sound as far as it goes. But I'd certainly think about challenging 1st credit by asking for statements and seeing what nonsensical interest rates or penalties they might be applying.

 

Once you've moved threads, you are sure to be inundated with help. Just relax, get the time to pay application in, and wait for help. Although if you were only able to afford £49 I don't see why you shouldn't make the same offer. Explain all your reasons too, even if it means your DMP company has some awkward questions to answer.

[martinm112]

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

Read this and send the request for information letter to their solicitor. Send by special delivery, print out electronic receipt off Royal Mail website. They won't answer. Make sure you return letter to court by due date, stating you wish to defend and counter claim. You are meant to give details of your counter claim, but enclose a letter like follows

 

In the xxxx sheriff court

 

between

 

1st credit finance ltd - claimant

and

xxxxxxx - defendant

 

counter claim

 

1 Further to the claim, on dd/mm/yy i requested the disclosure of information which is vital to his case from the claimant. The information requested amounts to copies of the consumer credit agreement, any default or termination notices, a transcript of all transactions including fees, charges, interest, alleged repayments from myself and payments made by the original creditor. Also any other documents the claimantseeks to rely on, including any default notices or termination notice, and a copy of the Notiice of Assignment required to give the claimant a legitimate right of action.

 

2. The claimant has refused to disclose the requested information, and as such, I do not have sufficient information to counter claim and compile and full defence to the claimants allegations at this stage. I am embarrassed. However, I would like to retain the right to counter claim when the information refereed to is made available.

 

3. It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the dociments requested and the claimant is ignoring the overriding objective. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reasonwhy the claimant would seek to withhold this information from me.

 

 

This is the course of action i took not 1 month ago with this shower. When they realised i was defending they asked the case to be dismissed with no costs. Just seen another thread on here where same thing happenend, they chase you, but when push comes to shove they know they have no legal right to claim money from you, and avoid court and counter claim costs by dropping it.

 

Good Luck.