1st credit!! Letter from their solicitors about taking me to court, any advise?

notenoughcash · 7 July 2008 at 6:06PM

I received a letter from 1st credit a couple of months ago about an unpaid credit card balance of £586.34. We know what delightful and polite people they are to deal with! I sent them a copy of my budget along with a letter taken from template on cccs site offering £20 per month repayment (although ccs did say to offer £1 I would rather get it paid off). They wrote back pretty much straight away and said thanks for letter, can you call us to make admin arrangements for your repayments. So I called number on letter and had a very interesting conversation with a girl, who sounded like she should still have been at school, about how they don't accept repayment agreements, payment in full or go to court blah blah blah, so said well sorry but don't have money, can't do anything about it, £20 a month or nothing....

I have been sending them cheques any way for the £20, which they phone to say they can't accept but still bank them. Last conversation, again with someone who I think was still in nappies when I took out this credit card, giving me a lecture about not taking out credit cards if you don't have the means to repay them, you are irresponsible and unreliable and we're going to take you to court. Whatever!!!

So now I have a letter from their solicitors saying they are going to issue proceedings against me in the county court if balance not paid in full in 14 days and they will add interest, courts costs and solicitors fees. If I can't make payment in full I MUST contact 1st credit immediatley. Well obviously I can't make full payment immediately and I don't want to contact them to go round in circles with their nasty lectures. So any suggestions? Should I write and back-up my £20 monthly offer again and beg not to go to court, or just see them there?

GeorgeUK · 7 July 2008 at 8:12PM

How old is this debt? Could it be statute barred?
Have you requested a copy of the CCA and statement of account?

There is a template letter that you can send requesting all communication be in writing if they are harrassing you. There is also another one for making the payment offer and reminding them that the courts expect any payments to be affordable - this is what a CCJ would be for. The court would decide a fair amount based on your income and expenditure - which appears to be what you have already done.

notenoughcash · 7 July 2008 at 8:32PM

It is only a couple of years old so couldn't be statute barred, and can i still ask for cca if I've started making payments and acknowledged the debt?

I have explained to 1st credit that no court in the world can make the money magically appear, if I don't have it I can't pay it, and if they start adding on extra charges its just going to take longer to repay.

Seems to make sense to me but they refuse to accept it.

GeorgeUK · 7 July 2008 at 8:33PM

Hang on - i'll look out an old thread and template.

Edit:
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486

You can request a copy of the CCA at any time and asking for the CCA and statement of account at the same time means you only need to pay one £1 charge instead of two. This makes the request legally binding.

Just make sure not to sign the letter - not a good idea to let a DCA have your signature - even on a cheque.

fatbelly · 7 July 2008 at 9:50PM

Your £20 per month payments pay off the debt in 29 months. If they went for a court claim, you might get an order to pay at a lower rate, which they know.

If there is no signed agreement, it means they can't enforce it by court action. But as they're not going to do that anyway, and they'll harass you whatever you do, just keep up the payments as long as you can afford them.

Honeybee_2 · 7 July 2008 at 10:01PM

I found that treating 1st Credit like naughty 3 year olds worked a treat, reiterating the point that tantrums will get them nowhere and if they wish for me to co-operate with them, they address me properly and listen to what's been said, or they just get put back in the naughty corner and not listened to.

notenoughcash · 7 July 2008 at 10:56PM

Thank you everyone for advice so far.

I promised myself I wouldn't lose any sleep over this but just got out of bed as my mind won't switch off. Having a CCJ against me doesn't worry me, I have no intention of buying anything on credit ever again and will not be in a position to look at mortgaging a property in the next 6 years if ever. What pees me off is the way these people think they can treat you. Luckily they only have my mobile number so I ignore the call unless I'm sure it isn't them, but I have 8 voicemails telling me I must contact them immediately. The next time I send them a payment the accompanying letter will be asking them to remove my number from their records but I am very tempted to say 'as I do not wish to communicate with you verbally as I know from experience that you will not accept my offer of repayment nor speak to me in a reasonable manner and I do not wish to be lectured any further'

Honeybee, did you ever put in writing to them about what you have put in your last post? I'd love to have something lawful and acceptable to send them about their stinking attitudes.

mandi · 7 July 2008 at 11:05PM

Honeybee wrote: »

I found that treating 1st Credit like naughty 3 year olds worked a treat, reiterating the point that tantrums will get them nowhere and if they wish for me to co-operate with them, they address me properly and listen to what's been said, or they just get put back in the naughty corner and not listened to.

I agree.. Ive had a despute with Garland" .. they wouldnt listen , until I said I was recording calls for my security .. couldnt have been nicer

Honeybee_2 · 8 July 2008 at 8:14AM

notenoughcash wrote: »

Honeybee, did you ever put in writing to them about what you have put in your last post? I'd love to have something lawful and acceptable to send them about their stinking attitudes.

No, it was pre MSE days so I spoke to them on the phone.

I think the turning point came when they threatened a CCJ and they knew I wasn't bothered, I said something along the lines of, "So? I'll add it to the collection!"

I explained that my offer of repayment was more than what a court would award them.

They said I could pay what I offered for 3 months but when the 3 months was over, payment just continued.

notenoughcash · 8 July 2008 at 6:25PM

have just prepared my next letter to go to first credit and wondered if you could have a quick read though it to see if this is acceptable?

I write further to a letter dated 26 June 2008 from LCS solicitors regarding commencing legal proceedings on the above debt.
As I have previously explained to you I am only in a position to offer you payments of £20 monthly as I do not have the money to repay this debt in full. I am making every effort I can to resolve the debt but cannot possibly repay in full if I do not have the money.
I would ask again that you re-consider your decision regarding my offer of repayment.
I would also like you to remove my telephone number from your records. Further to your calls to myself on 18 June 2008 11:04, 20 June 2008 15:03, 24 June 2008 20:21, 26 June 2008 12:24 and 17:20, 2 July 2008 15:14, 7 July 2008 14:51, 8 July 2008 14:40 I am not prepared to either answer or respond to these calls as previously this has only resulted in 1st credit refusing to accept my offer of payment and demand payment in full immediately. I hope you can appreciate that I do not wish to enter into a telephone conversation which I know will result in me being threatened with being taken to court when I have already made you aware that there is nothing I can do to resolve the situation beforehand other than the payments I have already offered.
I also enclose a further cheque for the next monthly installment on this debt.

RAS · 8 July 2008 at 6:51PM

Hi

Not bad, but read this for extra ammunition

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

particularly 2.2-g Respecting debtors wishes re communications.

And there is a section on not asking debtors to pay more than they can afford.

Will be back with a telephone leter if i can find it.

1st credit!! Letter from their solicitors about taking me to court, any advise?

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