First credit debt collection :(

pepe2008

cloudnine wrote: »

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.

they'll do all they can to avoid getting put in front of a Judge, especially if you are with a dmp.....cos then they ave to prove EVERYTHING, including why they ae such a bunch of tw*ts:D

cloudnine_2

Hey, Just wanted to say a big thankyou Pepe. Good to know you're there...somewhere !!! I feel much more confident now. I'll keep everyone posted...Still early days...

pepe2008

cloudnine wrote: »

Hey, Just wanted to say a big thankyou Pepe. Good to know you're there...somewhere !!! I feel much more confident now. I'll keep everyone posted...Still early days...

Dont give in easily, they wont produce a paper trail so you do it for them. I e-mailed to confirm 'their request for me to extend my borrowings to pay them' etc....there will never be a reply but if it hits Court it all adds to the story of non-cooperation.
If you include an offer to 'agree terms' or 'discuss a settlement' within an e-mail of the above type then even better....they cannot answer your 'offer' without an implied admission of breaking the rules.

If you are curently paying them anything keep paying until the CCA issue is sorted.
Good Luck.

debtman2007

Hi all,

I haven't heard from 1st Credit for a while which is good. The last letter i received they acknowledged that that have no CCA and the debt is unenforceable. However, previously (before the CCA request process) they have also said that they will not accept DMP payments through CCCS.

I'm in a bit of a quandry as to where to go next. I think techinically i dont have to pay them anything as no CCA has been supplied.
CCCS are still making payments to them as i haven't asked them to stop.

All has been quiet and not sure i want to rock the boat by stopping payments. Am i doing the right thing?

pepe2008

Hi Debtman,

Currently on the phone to CCCS re the next step,

Hold payments with CCCS for a while?

Take the debt out of the dmp?

I'll let you know.

pepe2008

Keep making the payments.

Send thhem the 30day letter but without the 'committing an offence' bit.
if you have complained to the OFT ( if not, why not...pull your finger out! ) then inform them that they have not provided the CCA and therefore they have been harassing you for a debt which has not been proven as valid.

Then copy complaints to CSA, Financial Ombudsman and the Trading Standards Office local to Reigate ( Surrey County Council ).

Tell 1st cretins that that is what you have done, re-iterate the 'chasing a debt which is not proven to be your liability'.

Their view is that they should clarify the validity of the debt before they even make the first contact with us!!!!!!

what we need to aim for is the debt to be sent back to Cit, or be written off of their own book.

debtman2007

I have looked at the 30 day letter before but have heard it has changed so was not sure which bits to use.

pepe2008

debtman2007 wrote: »

I have looked at the 30 day letter before but have heard it has changed so was not sure which bits to use.

As I said just cut out the bits about committing Offence. THEN COMPLAIN.

I'll tell you what I've been doing in a couple of days, maybe by pm.......boards have ears!

debtman2007

pepe2008 wrote: »

As I said just cut out the bits about committing Offence. THEN COMPLAIN.

I'll tell you what I've been doing in a couple of days, maybe by pm.......boards have ears!

That would be appreciated. Thanks.

tunathe_cat

Hi
Would appreciate advice
sent first req to barclaycard 10 /08/2008 with £2.00 re cca (husband two account s changed to my name in aug this year) no response
2nd letter 10/10/2008 failed to reply no response can track letters received to barclaycard office northampton.

opened post yesterday to find a ccj paperwork in my name for one of the accounts help
contacted my dmp with cccs they advised to contact cls - dont qualify for advice as own our house - they said try cab
will try tomorrow to contact them but anyone with other advice please