First credit debt collection :(

debtman2007

First credit debt collection.

Anyone had any experience with these??
I was quite shaken up earlier, I received a call from these out of the blue, and they said I had not replied to a letter they sent on the 29/08/2008 (which I have not received yet)

Anyway they basically told me that they will take be taking me to court for a ccj judgement which I will lose and then can then liquidate my house to pay the debt (£1700) back. Obviously I was shocked by this and he said I could remedy this by settling the account within 14 days. no way I can do this. I tried to explain im with CCCS but he said there is no way they will accept repayments as I have a house and they will have that instead

I still shaking and very worried, I had a lot of trouble at end of last year and don’t want to make my self ill again. He said bailiffs could come around to seize goods.

As far as I understood they can only look to take to your goods/home if you fail to keep up CCJ payments. Is this correct??

He also said that I would lose any court judgement because I have a house but I thought that because I have been paying through CCCS for almost a year that would be in my favour.

I need to phone CCCS to discuss this later but im really worried or is this just scare tactics?? Is any of what he said to be likely to be true.

Thanks for any advice.
M

scooterwife

Absolutely scare tactics!!!! If you do a search of the forum for First credit you'll find that they come up time and again!

They will try and get money out of you with any scare tactic they can, I find the best way is just to listen, repeat that they can't have what you haven't got and repeat cccs number.

If you listen/ read between the lines a lot of what they say is 'may' 'could' etc. we have had them for around a year now and they seem to have settled down, in fact the last lady I spoke to was quite nice.

Threatened to take us to court, and seemed quite put out when I said okay, if you need to, that's what you'll have to do then!

RAS

I have spoken to the national debt line they have said 1st credit are now pushing alot more bankruptcy's through if they know you have capital in a property

Hi

You need to be very careful with 1st credit. as they are taking a lot of people to court, with very little consideration for due process. In one case, the debt was no longer enforceable and in the case above, the debtor has no idea what the debt is but it is probably unenforceable.

This does not mean that you should pay them, in fact it means that you should start by demanding the CCA if the debt is covered by the Act.

The person above is helping with someone whose first notification of action was notice of the court hearing to declare them bankrupt, when they did not even know what the debt was about. Since Ist have failed to produce any documentation for the court case, it will be struck out.

In another case, they actually got the bankruptcy order because the debtor did not even know about the case. That was rescinded and the case thrown out.

So you need to insist that all communication is by letter and start by demanding the CCA.

Although they should not do so 1st credit routinely send out Statuatory Demands which if not challenged can lead to bankruptcy proceedings. So it is vital that you come back for additional advice and talk to NDL if you get any paperwork from 1st credit.

They may not be able to entitled to any more money out of you, but that does not seem to be an issue with 1st credit.

debtman2007

Sounds like its going to get nasty. should i be speaking to the national debtline or CCCS??

Also some time back i remember there were very good templates floatign around.
Does anyone have one for requesting a CCA also i would like one to request any communication by be in writing not by phone.

thanks again

RAS

Original CCA request letter to be sent regsitered post with a £1 postal order. Print do not sign your letter.

Quote:
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

debtman2007

Thanks.

I will have a look around for the no phone calls template

debtman2007

I phoned CCCS when home from work although they need the reference number from first direct to take this forward.

They were sure it was just scare tactics but obviously want to adjust the payments as soon as possible. Although i still have not received the letter from First Direct which should have all the relevant information on.

I hate the way it all goes quiet and BOOM i feel like crap again.

isgman

You may find something here http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6
that will help you, Good Luck.
PS: I Have had dealings with 1st Credit, and wrote a few strong letters, the said that they would take me to court,, and so far, several months later, have not done so.. once again Good Luck

RAS

debtman2007 wrote: »

I was quite shaken up earlier, I received a call from these out of the blue, and they said I had not replied to a letter they sent on the 29/08/2008 (which I have not received yet)

It is usual for their letters to arrive a day before or after the deadline for contact.

debtman2007 wrote: »

Anyway they basically told me that they will take be taking me to court for a ccj judgement which I will lose and then can then liquidate my house to pay the debt (£1700) back

Lying git.

They can take yo to court. Providing you fill in the I&E and attend the judge will probably set your payments at the same level as you are paying CCCS.

They may then try to go back to get a forthwith judegement, which you would need to fight.

As long as you keep paying the amount set on the CCJ, you are OK in law, but need to know your facts. We have several people getting charging orders because they did not defend the action. There is a precedent that would need quoting which should prevent a charging order being given as long as the terms of the CCJ are kept.

Even if they got a charging order for £1700, no judge would force sale for this amount of consumer credit.

debtman2007 wrote: »

I still shaking and very worried, I had a lot of trouble at end of last year and don’t want to make my self ill again.

You need to add that you have health problems when you write demanding they stop phoning. They are required by the OFT Guidelines to treat people who are vunerable carefully.

debtman2007 wrote: »

He said bailiffs could come around to seize goods.
As far as I understood they can only look to take to your goods/home if you fail to keep up CCJ payments. Is this correct?? .

Correct They cannot do this even if there is a CCJ unless you fail to keep the terms of the payments agreed. And they would have to give you notification of any court action to request bailiffs

debtman2007 wrote: »

Is any of what he said to be likely to be true.

I would recommend a formal complaint to the OFT and the Trading Standard closest to their office. And possibly a SAr demanding a copy of the tape of the conversation.

This a classsic example of why they should not be allowed to make phone contact, as they are inclined to make threats that they dare not make in writing.

moneymare

I'm quite interested in this thread, as I have had regular dealings with them. Lombard passed an old account to them around 4 or 5 years ago and I have been making regular low payments to 1st Credit, as felt bullied into doing so. I recently wrote to them and asked for CCA and notice of assignment, and I immediately received the notice of assignment through the post - although it had the previous day's date on it - is this right?? Or should the notice of assignment have the original date when it passed to 1st credit on it???

Any ideas folks.......???

pepe2008

Sorry Debt2007, this ones for RAS,

As in previous post (and on 1st Credit! thread ) I'm going through carbon copy of this one.What is S Ar request? methinks its required too.

I asked for Data, with my £10, an asked for copies of recorded conversations as, Information Commissioner says, anything that can be refferred to as part of their business is covered.....needless to say, no show!