First credit debt collection :(

debtman2007

sorry its difficult to read

debtman2007

Received another letter today. Oddly its the same letter they sent a few weeks ago saying that they do not have the CCA but will ask the original creditor for it.

Do they just send out repeated letters for the fun of it??

topchef86

debtman2007 wrote: »

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?? - yes a creditor can only apply for a warrant of execution - if the debtor doesnt honour the CCJ and make regular payments as ordered by a court, as long as you are paying what you agreed with the judge, 1st credit cant circumvent that.

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.
Again 1st Cred are talking crap! they this to scare you, send a letter to 1st cred informing them of the OfT's rules on putting pressure upon a debtor - a company can lose their consumer credit licence!


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.

IMHO - scare tactics!

Thanks for any advice.
M

Good Luck


TC

pepe2008

Hi Debtman,
our friends at 1st Crudit have sent me a Stat Demand. In it they claim tht I have not contacted them ...so why ave I got a whole stack of unanswerd e-mails that I sent them asking perfectly reasonable q's and making perfectly reasonable offers? I know that they wont go for Petition, but now I'll CCA Req them. Its a Citi debt, so not expecting to see a CCA.

On Stat Demands the Insolvency Act 1986 says that there needs to be proof that the SD was 'properly served', does anyone out there know if just shoving it in the post is 'properly served'?

tass

pepe2008 wrote: »

Hi Debtman,
our friends at 1st Crudit have sent me a Stat Demand. In it they claim tht I have not contacted them ...so why ave I got a whole stack of unanswerd e-mails that I sent them asking perfectly reasonable q's and making perfectly reasonable offers? I know that they wont go for Petition, but now I'll CCA Req them. Its a Citi debt, so not expecting to see a CCA.

On Stat Demands the Insolvency Act 1986 says that there needs to be proof that the SD was 'properly served', does anyone out there know if just shoving it in the post is 'properly served'?

They posted us a a copy of a stat demand initially and thereafter served it properly when we didn't pay at that point.

pepe2008

Cheers Tass,

We'll go for the CCA first. What I really want is to get this scum in Court infront of His Honour without the correct paperwork.

DONT FORGET, IF YOU HAVE DEALT WITH 1ST CRETIN, THEN YOU HAVE JUST CAUSE TO COMPLAIN TO OFT.....DO IT, ITS FREE, ITS ANONYMOUS, IT FEELS GOOD AND YOU WONT GO BLIND!!!:laugh:

debtman2007

tass wrote: »

They posted us a a copy of a stat demand initially and thereafter served it properly when we didn't pay at that point.

Have they provided you with a CCA??

pepe2008

Hello Debtman,

No, CCa req today by recorded, it will be in dispute the day before I have to take action on the Stat Demand Not expecting to see CCA as is Citi debt.

this is just another scare tactic to get me to give them a voluntary Charge without going the CCJ way, i.e without going through a Court which is where they would hit problems. I'll keep posting.

just going to ring CCCS to keep them on the ball.

RAS

Hi

Siggest you also post up on the CAG web-site as they helped the chap whose thread I linked to at the beggining of this thread.

pepe2008

Hi Ras,
Thanks I'll take a look.

One thing came light in my conv with CCCS re 'setting aside'. their SD states that I must apply within 18 days to have this set aside to the appropriate Court ( that which you would apply for Insolvency on a Voluntary basis )
Their actual wording;

Part A
Appropriate Court for Setting Aside Demand

Rule 6.4 (2) of the Insolvency Rules 1986 states that the appropriate Court is the Court to which you would have to present you on bankruptcy petition in accordance with Rul 6.40 (1) and 6.40 (2). In accordance with those rules the appropriate Court is your nearest County Court having Bankruptcy Jurisdiction.

Any application by you to set aside this Demand should be made to that Court.

For details of the Court to which you may apply, or if you believe you have grounds to set aside the Demand and would like information on how to do so, please call us on 0870 164 2046.


Surprise, surprise....at this stage the SD is NOT with any Court, it appears to be just another way of trying to get the Debtor on the phone to practice their scare tactics!!!

CCa req will be in rec post this afternoon along with a full file of unanswered, copy e-mails and letters from me to them to prove their pursual of a policy of non-communication.

Also going to ring OFT, Trad Stds and FSA regarding the above wording as it implies that the SD already has standing within the Court while is quite plainly does not.