First credit debt collection :(

pepe2008

Morning.

Tuna. If the Account was in your husbands SOLE name then they have absolutely no right to transfer it into YOUR name.

Jinny. The creditor, DCA, have to provide a legal Consumer Credit Authority within 12+2 days of you requesting one ( use the template letter available on the National Debtline site, google it ). It used to be that after afurther 30 days the Credeitor was committing an offence but this has now been changed.
However, as soon as the first 12+2 has passed, the debt is then 'in dispute' and they cannot cntinue any Legal action and they cannot have any other try to collect the debt.
Whilst they have not provided a proper CCA the debt does not 'disappear' it just becomes enforceable.

non-provision of a CCA after a length of time exceeding 30 days at least gives you some leeway to deal with the debt in YOUR way, or try to get them to write it off. Good luck.

cloudnine_2

Hi. I've recently had my Citi account assigned ( not sure if that means sold or now represented by 1st Credit. The two initial phone calls were brutal, as I expected. I've now requested they only contact me in writing. CCCS have sent my statment of financial circumstances and 1st Credit said they would be back to me within seven days. So, thats next Tuesday. The debt is approx £9K.
My question is this please: Do I go the CCA route now or later when, and if , 1st Credit go for the jugular and take me to court ? I want to be proactive, but, I don't want to jump the gun. I'm anticipating a rough ride but, I don;t want to let panic affect how I handle this. Thanks for any advice.
Great thread by the way,,, A real life saver. Theres nothing like being with people in a similiar situation to yourself.

jinny

Thanks pepe2008 I am like cloudnine I dont know wether to ask for CCA first or make the offer based on my available income don't want to rock the boat either. I've got my "home guard" wooden rifle at the ready for them beside the pnone (well a pen to record unwanted phone calls).

pepe2008

My (Sh) Citi account for £7k+ was Assigned ( it means they have bought it cheap...10% or so ).
Tell them that you will only accept communication by letter, they will say that they are a 'telephone-based Company'. That means nothing.
Down;load the Guidlines for Debt Collection' from www.oft.gov and see just what your rights are as to the tactics that this scum can or cant use.
Write to them, DONT SIGN ANY LETTERS, 'signed for delivery only' or e-mail ( this is good as you get an automatic response so they cant say thety never recieved it ) and tell them that your are with dmp, or you can pay this or that.
Tell them that you are doing all you can to pay off your debts. Dont tell them ANYTHING about outstanding mortgage or how much equity you have.

If they ( WHEN ) they break any of the OFT Rules, complain tio the OFT its free and anonymous.

DONT ANSWER THE PHONE TO THEM.

You can request a CCA at any point, I took them as far as I could and then issued the request at the tiome they were about to issue a Statutory Demand. and no,they haven't produced as yet and its been a month.

they wont accept anything other than full, so screw them about:D

cloudnine_2

Thanks Pepe. Looks like we're in a similiar position with 1st Credit. How long has been been since they first contacted you until their issuing or, about to issue a Stat Demand? I agree, I'm prepared for them totally refusing the approach for a DMP from CCCS. Makes the phone calls a mockery as they obviously aren't prepared to reach an agreement for monthly payments, so, the calls have to be aimed at scaring the pants off people. I've written and asked that they only communicate with me in writing. Another question: Did they write to you and warn you of the potential issue of a stat demand or, did it simply arrive out of the blue ?? Thanks again Pepe. Great support and good to know you and others are here to discuss this with.

cloudnine_2

Hi Pepe. I just read through your thread again and have another question please: You say that I shouldn't discuss, disclose my house value and mortgage. And, I haven't, although they do know that I am a home owner from their files. My mortgage is interest only and I am in serious negative equity..around £30K. Doesn't this information work to my advantage Pepe? As if 1st Credit take me to court, its impossible for them to get their hands on anything?

maxriz

Hi,

I am dealing with 1st Credit at this address-
The Omnibus Building
Lesbourne Road
Reigate
Surrey
RH2 7JP

Therefore not sue if I should be in his thread or somewhere else! I am sure someone can advise.

Anyway I have an outstanding debt that is being handled by these "people" for around 8k. It was much higher but I have been making monthly payments of £133 for 2 years.

I am long term unemployed and have been borrowing the monthly repayment amount from a family member who due to the general difficulties with money can no longer help me out. I sent the following letter-

1st Nov 2008

Dear Madam/Sir,

I am contacting you with regards my monthly payments to the above account. As you will see from your records I have been making full and regular payments in order to reduce the amount outstanding. I have informed you previously that I am unemployed and therefore on a very low income and in addition that in order to make my payments I have had to borrow money.

Unfortunately due to the current financial situation I am no longer in a position to do this and therefore I must reduce my monthly payments as from December 2008. As of this date I will aim to make monthly payments of £60.00 per month.

I hope that you understand that this is a particularly difficult time for me and that I am unfortunately being forced into this situation.

Anyway I spoke to them today and was told that they would not accept the reduction, that I had to send in an expenditure form and that they would take me to court, bailiffs, loose house etc etc etc!

Needless to say the person I spoke to was aggressive, rude, threatening and unhelpful. I managed to stop her mid fire, famine and pestilence speech which did not go down well.

Anyway, I am very stressed about my work situation and the associated difficulties that come with such a situation and I really can't face having to go into battle with these darlings, so can anyone please advise me on the best way forward. I can supply an expenditure form but I know they will not accept it because they have not accepted it up until now!

What is the best way forward that will mean they accept a lower payment or should I just try to get the funds to continue with the current amount?

Any help would be gratefully received.

Thank you,

Maxriz

Sandypepper

Sandypepper wrote: »

2nd call from them today a woman this time telling me 'we need to resolve the problem' I told her I was only going to deal by mail and she stated they are a telephone based company and would not respond to any letters should be interesting! Will keep you posted.

An update, sent 1st credit financial statement by recorded delivery making an offer of £5 per month (had already set up standing order and made first payment) received letter back to my surprise accepting my offer asking me to contact them to set up direct debit, rang and told them I already had standing order in place and wanted to keep it that way again was amazed to be told that would be fine and provided I maintained the payments all would be well. Rung off and sat in stunned silence!!

cloudnine_2

Where 1st Credit is concerned who knows which way they jump. I am in a similiar situation to yourself with them, and with £9K outstanding.
I would though perhaps consider the following:

1. Are you with CCCS or Payplan? If it does go to court then I always think you will be seen as having taken a responsible route by usng either organisation.

2. If you do go to court, and I'm expecting that to eventually happen to me, I wouldn't be frightened. The court is there to represent both parties and, if you haven't got any home equity or spare cash lying around, then theres not alot 1st Credit can squeeze out of you. In other words, in court, the truth will out...and they can;t take what you don;t have.

3. I'd be communicating with 1st Credit from now now purely in writing. For one thing, it will reduce the stress of having to speak over the phone with them and, your correspondence will also be useful if, it goes to court.

The more I think about my own personal situation, I'm actually wanting them to take me to court now. They don;t believe me when I tell them things over the phone so, the only place I can get this all done and dusted is, in court.

pepe2008

To Cloudnine etc,

By refusing to deal with a appointed 3rd party ( CCCS eg ) 1st Cretins break Section 2.8(c) of the OFT Guidelines and 2.8 (e) of same. Telling you that they are 'a telephone based Co' means nothing..refer to 2.2(g).

It doesn't really matter when you send a CCA request as they seem pretty good at 'rocking their own boat'. I waited until I had had contact from their 'in house' Solicitors, LCS, same address ( same slimy little tunnel ) and the sent the request.

I think that half the trouble with these maggots is that their 'collection' staff dont understand half of what they're saying themslves....remeber the Panorama programme the other week? and the situation regarding the debtor being Sectioned.......thick as pigsh*t!

I was sentt a SD but ignored it as the CCA request was already en route. If you get one you will realise that all tey want is for you to give them a Voluntary Charging Order ( ie secure the debt against your home ) NEVER do this unless the validity if the debt has been proven!

Sorry, bit rambly. Also unless you have a minimum of 50% clear equity in your property the Stat Demand is worth nothing....it would cost 1st Cretins well over £1000 to take any further and in th current climate with the housing market a forced sale will be lucky to raise 60% of value. They know this.

they are difficult to deal with but as long as you keep off the phone, keep all paperwork and Complain they become more manageable. CCA is the key, the debt was bought without it being checked and the odd of not producing a valid one are pretty good. THEY ONLY WANT PROFIT!