First credit debt collection :(

debtman2007

Another aknowledgement of my CCA request arrived today. I must have about 7 of these now. Why do they keep churning these out?



Nothing back from LCS yet. I noticed the addresses are the same as 1st Credit.

debtman2007

Jesthar wrote: »

I think there is a template letter somewhere which points out a debt cannot be passed on whilst in dispute...

didn't know about this. please tell.

debtman2007

pepe2008 wrote: »

Ignore it, you have the advantage of the 'not enforcable' letter. Let them spend their money. They may even send a Stat Demand out ( costs them! ) which they did to me and I treated similarly.

What happens with the stat demand? i asume they have not sent you proof of the account yet?

debtlady

I had a letter from 1st Credit (Litigation dept) saying this was my last chance to settle before they start legal procedings etc. I replied with the 30 day letter, and have now received a letter from the Admin dept saying "Thank you for your recent correspondence. Your letter has been passed on the the appropriate department and they shall respond in due course". I also added the 'remove my data' paragraph, and the 10 days for their confirmation have passed. Is it now time to complain to the OFT?

lm1966

I am a new member, so sorry if this post ends up in the wrong place but I have taken up a lot of advice from this site regarding 1st Credit. So now I need to submit a question, in the hope that someone can advise me of what I should do now.

Basically we have some credit card debts that 1st crediit have taken over, we requested a copy of the cca which they acknowledged and advised their client (Aqua) would forward me a copy of the cca, quoting the following sentance: Deed of Assignment - we would refer you to Sect 136 of the Law of Property Act 1925 which provides that the debtor is notified of the debt in writing and not a copy of the Deed itself. What does this mean?

It has now been a month and I have not recieved the cca either

However, they have sent me a a further letter saying thank you for your offer to pay off your outstanding account and to call them. I will not be calling them as I fear they will try and bully me and fortunately they do not have my home number. I am not even sure if I should reply to this letter in writing either.

As I don't have the cca, what should my next course of action be? I do not think, 1st credit will go away that easily despite me not having recieved a copy of the cca.:eek:

pepe2008

debtman2007 wrote: »

What happens with the stat demand? i asume they have not sent you proof of the account yet?

I hit the with the CCA req the day after their Stat demand reached me, if the worst came to th worst I would have to give a Vol Charge so setting it aside ( admitting it had been served! ) would have made no difference. No, I have never admitted receiving the SD,,,ever.

When their non-CCA default reaches 45 days from receipt the letter goes to their MD with as many reasons for them to take the opportunity towrite the debt off as possible...i.e complaints, fraud, previous cases etc.

pepe2008

lm1966 wrote: »

I am a new member, so sorry if this post ends up in the wrong place but I have taken up a lot of advice from this site regarding 1st Credit. So now I need to submit a question, in the hope that someone can advise me of what I should do now.

Basically we have some credit card debts that 1st crediit have taken over, we requested a copy of the cca which they acknowledged and advised their client (Aqua) would forward me a copy of the cca, quoting the following sentance: Deed of Assignment - we would refer you to Sect 136 of the Law of Property Act 1925 which provides that the debtor is notified of the debt in writing and not a copy of the Deed itself. What does this mean?

It has now been a month and I have not recieved the cca either

However, they have sent me a a further letter saying thank you for your offer to pay off your outstanding account and to call them. I will not be calling them as I fear they will try and bully me and fortunately they do not have my home number. I am not even sure if I should reply to this letter in writing either.

As I don't have the cca, what should my next course of action be? I do not think, 1st credit will go away that easily despite me not having recieved a copy of the cca.:eek:

they only have to tell you that the debt is theirs. However, this does not mean that it is legally enforcable..........as in no CCA.
Yes, the 'thank you for your offer to settle' letter means....
'we are pretty sure that this debt will prove to be legally unenforcable so we would like you to phone us so that we can threaten you some more and see if our 'phone agent can screw some commission out of you'. Stick to the CCA request procedure....have you sent the Default Letter to them yet ( 30 day letter )
Tell them that you re complaining to the OFT and then to the Financial Ombudsman. (Phone OFT...https://www.oft.gov).
Write to Audrey Shim Quee, Compliance Officer at 1st Credit.
You can download the Debt Collection guidelines at www.oft.gov.uk

shinyhead

Pepe,
If a debt is transferred from say a creditor to a DCA the OFT guidelines state that both parties should inform you of this. If you think about it any TD or H could write to you claiming ownership of the debt. It could be used to keep a DCA at bay at least for a while.

Pepe's right apart from that- don't call them, just stick to your guns and stay with the CCA procedure. This settlement thing means that they're afraid that you know the law and that after the 30 day period you're entitled to stop paying anything, and they're trying to squeeze at least something out of you before that happens. If they can't get a CCA then they're likely to get nowt.

lm1966

pepe2008 wrote: »

they only have to tell you that the debt is theirs. However, this does not mean that it is legally enforcable..........as in no CCA.
Yes, the 'thank you for your offer to settle' letter means....
'we are pretty sure that this debt will prove to be legally unenforcable so we would like you to phone us so that we can threaten you some more and see if our 'phone agent can screw some commission out of you'. Stick to the CCA request procedure....have you sent the Default Letter to them yet ( 30 day letter )
Tell them that you re complaining to the OFT and then to the Financial Ombudsman. (Phone OFT...https://www.oft.gov).
Write to Audrey Shim Quee, Compliance Officer at 1st Credit.
You can download the Debt Collection guidelines at www.oft.gov.uk

Hi thanks for your advice.

No I haven't send a default letter. What is this? and have you got a copy I could use?
Thanks

debtman2007

pepe2008 wrote: »

Ignore it, you have the advantage of the 'not enforcable' letter. Let them spend their money. They may even send a Stat Demand out ( costs them! ) which they did to me and I treated similarly.

Ok liitle update from me.

I complained to both LCS and 1st Credit.

LCS replied saying that they were told to send a letter by 1st Credit.

1st Credit have replied saying that they dont know why LCS sent a letter because the debt is unenforceable with no CCA.

Someone is telling porkies here!!

Also 1st Credit confirmed that;

a) they are not prepared to refund any monies while a cca request is in place or delete an entry on my credit file.

b) they have noted my intention not to pay any more installments

c) they are not prepared to pay any compensation for damage and distress.

Nothing out of teh ordinary there i think.

They also said they have noticed im still making payments and would welcome my comments as to why i do not acknowledge any debt to them.

Bascially i thought it was better that im paying them something at least. I just want to pay them on my terms and not there threatening ways. do i really need to explain this to them??