First credit debt collection :(

RAS

Hi

SAR - Subject Access Request under the Data Protection Act, which is what you have already done.

If they have not reponded in 40 days, then report them to the Information Commissioner.

moneymare

moneymare wrote: »

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.......???

Anyone......??

RAS

Did trhey send you the CCA?

Deep_In_Debt

RAS wrote: »

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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 That was rescinded and the case thrown out.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.

Sorry this worries me that Judges don't know the law.

RAS

They know the law but it is the duty of the defendant to bring it to their attention in each case.

debtman2007

thanks again all.

i have received a notice of assignment from CITI cards today but still nothing from 1st credit

moneymare

I will be ringing National Debtline to check (thanks, Rog2! ) but did your notice of assignment have the original date on it or a recent date......be interested to know??

pepe2008

Date of Assignment is a very interesting point. My debt was passed from Citi so I phoned them yesterday to do a little 'fishing'....chatty boy ( sounded 12 ) informed me that the Account was in the ' process of being Assigned', hmmm 1st Cretins have been after me for a month now, pushing for me to borrow more! CCA req by recorded this afternoon then.


They quietened down considerably after I asked, via e-mail, for them to confirm their 'extra borrowing advice' in writing and copied this along with a list of their OFT breaches to their OFT Compliance Officer a Ms Audrey Shim Quee. ( yes, really )......I'm sure that she would welcome lots of correspondence from other 'clients'.

moneymare

Kind of thinking out loud here, but if the Notice of Assignment given to me was dated 1st September 2008, and I have been paying them for the last 4 years.........(you know where I'm going here), can I ask for those payments to be refunded :cool:

debtman2007

it was dated 02/09/08 from CITI Financial. still nothing from first credit themselves.