First credit debt collection :(

debtman2007

RAS wrote: »

Hi

Not a cat in hell's chance of them getting a charging order or anything else until they produce that CCA.

I would be inclined to report them to the OFT for making threats that they know are unsupportable in law,

a) given that they have acknowledged that they cannt enforce the debt.
b) that in law they are not able to enforce a sale even with a charging order in place unless there are serious delinquencies on your part.

The only delinquents here are 1st Crudit

Aso send copies of the complaint to Trading Standards nearest their office and write to their Compliane Officer demanding an apology and cessation for haressment.

Thanks. I will compose a letter of complaint for both the OFT and Trading Standards over the weekend. Also i will send another complaint to the 1st Credit compliance officer.

cocker100

debtman2007 wrote: »

did you send a 12+2+30 letter? i am unsure what to send as i believe the legislation has changed. not sure what i need to send.

Hi,

I sent them an email about a week ago explaining the 12+2+30 rule and said that if they failed to send me anything by then then I would start making formal complaints to the relevant authorities. Also mentioned passing everything over to my solicitor for them to sort out. They still haven't sent me anything and only 2 more posts to go!

If they dont come up with the goods, i'm going to start looking at having the debt written off. I tried to be reasonable and repay it at a rate that I could afford but they wont accept it. All they do is threten to sell my house from under me. I've found a company that review your CCA for £295 and if they decide to take on your case, they dont take any of the settlement money. You keep 100% plus interest and the debt is cancelled. They get their fees from your creditor! If they decide that the CCA is enforceable then they refund you your £295 minus £50 for admin stuff. So all I am risking is £50. Worth it if you ask me!

Not many people like these type of companies on here, but if it gets 1st Credit off my back then i'm happy to proceed. I considered doing it all myself, but the law seems to be really complex in these situations so thought it best to have someone represent me who knows what they are talking about as i'm sure 1st credit will take it all the way to court! Far better having a proper solicitor representing me in court than just me.

Cocker

RAS

cocker100 wrote: »

Ifound a company that review your CCA for £295 and if they decide to take on your case, they dont take any of the settlement money. You keep 100% plus interest and the debt is cancelled. They get their fees from your creditor! If they decide that the CCA is enforceable then they refund you your £295 minus £50 for admin stuff. So all I am risking is £50. Worth it if you ask me!

Hi

Are you aware that the Office of Fair Trading has issued a formal warning about these companies?

And are you aware that it is not possible to get a debt "cancelled or written off" becuase the CCA is no available. It merely becomes unenforceable.

Please ring NDL or CCCS for advice on this lot before you waste you money.

cocker100

RAS wrote: »

Hi

Are you aware that the Office of Fair Trading has issued a formal warning about these companies?

And are you aware that it is not possible to get a debt "cancelled or written off" becuase the CCA is no available. It merely becomes unenforceable.

Please ring NDL or CCCS for advice on this lot before you waste you money.

Hi RAS,

Thanks for your advice.

I've done loads of research into these companies and I must admit that I was scepticle at first. But I've read about some cases where the debt was cleared and removed from credit files. I'm not looking at having the debt wriiten off because there is no CCA, i'm looking to how it written off because the CCA is flawed and therefore not an actual legal document, thus never making it enforceable. I have received an edited copy of my original application and it looks like it breaks every rule in the book. I'm prepared to risk 50 quid if it gives me a chance to stop 1st Credit hounding me.

gilligansyle

Hi, have had dealings with 1st Credit via Connaught Collections and have asked for CCA from Connaught at which point they passed debt back to 1st Credit. I still have no idea what this debt is for and had no communication with 1st Credit at all. Continued to send the 12+2 etc. to Connaught who kept on replying that I needed to contact 1st Credit. Would not do this as had not been notified.

Because of Connaughts actions, Statutory Demands etc. decided to include 1st Credit in DMP on advice of CCCS - they have now told CCCS that I have quoted an invalid account number and they need the right one. As the only reference is from Connaught, have given them this, and they have told CCCS that they cannot find my account with this info.

So now, as far as I am concerned, they don't know who I am, can't find my details, so they don't get a penny. Or am I being naive??

pepe2008

A quick update...
Sent 1st cretins a CCA request 15th Oct, letter back saying this would take at least a month, but trying to fish money out of me. the CCa req was sent because they sent a Stat Demand, which i did not acknowledge in any way.
I've already complained to the OFT, so CSA and Trading standards are next.
I'll let it ride until 28th Nov then if no CCA I'll look into holding back payment with a view to making that permanent. Its for a card which was pre April 2007 so fingers crossed.
If it was the original creditor, no problem...but why should I pay these parasites?

debtman2007

Thanks for the updates. Interesting to read how others are getting on.

I had a very apologetic letter from the compliance officer but have still recieved a couple of computer generated letters. Fortunately so far have not recieved a stat demand. They have notified CCCS that they wil not accept a repayment but as i understand it now i could actually withold payments??

pepe2008

they are still faffing about re the Complaint, so the lot is going to CSA and Trading Standards.

No CCA and its been since 15 October. I'll ring CCS re suspension ( holding ) of payments for a few months.

Got another 'assignment' letter from original Creditor ( was that their response to CCA request? ). This one is dated after the date on 1st Crs Stat Demand....so that blows that out of the water then.

moneymare

Have received a letter from 1st Credit admitting that due to lack of CCA, they are unable to enforce collection of the balance - they ask me to make them a realistic repayment plan, but say in no way are they going to refund any payments already made to them.

I meant to bring the letter with me so could scan it on, and will try and do so tomorrow!

fermi

One or two individuals in the past have managed to get some payments back, but that is certainly the exception rather than the rule. Not something you can realistically expect.

A letter stating that they cannot legally enforce the debt is a good result in relative terms though. Gives you the breathing space to deal with things in the way you choose.