First credit debt collection :(

debtman2007

!st credit have said they have noticed im still making payments and would welcome my comments as to why i do not acknowledge any debt to them but still continue to pay..

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??

pepe2008

debtman2007 wrote: »

!st credit have said they have noticed im still making payments and would welcome my comments as to why i do not acknowledge any debt to them but still continue to pay..

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??

In your previous post you say 'isit worth complaining to 1st crudit' maybe not, so £1 invested to send my Complaint straight to the MDs home seems like money well spent:D .

I think you are on a dmp with CCCS like me? Write to 1st, tell them that payments are continuing as part of the dmp as you do not wish to jeopardize arrangements for your LEGITIMATE debts. However, you will be requesting a refund from them after bringing the matter of them attempting to enforce an unenforcable debt up with the Financial Ombudsmans Service. Or words to that effect?

debtman2007

pepe2008 wrote: »

In your previous post you say 'isit worth complaining to 1st crudit' maybe not, so £1 invested to send my Complaint straight to the MDs home seems like money well spent:D .

I think you are on a dmp with CCCS like me? Write to 1st, tell them that payments are continuing as part of the dmp as you do not wish to jeopardize arrangements for your LEGITIMATE debts. However, you will be requesting a refund from them after bringing the matter of them attempting to enforce an unenforcable debt up with the Financial Ombudsmans Service. Or words to that effect?

Yes im am with the CCCS. HAve tried to ask for a refund and they told me to go and whistle (or words to that effect ) just asked why i continue to make payments if im not acknowleding the debt is mine.

pepe2008

It can be difficult with CCCS They dont seem to want to play ball with witholding payments. But they are happy to accept a letter from a Creditor saying that they will no longer be enforcing the debt....they then re-distribute the monthly payment.

I'm at the point of CCAing several other Cr to see how many I can get non enforcable....and the maybe coming out of dmp. Poss not 'best advice' but...

Deep_In_Debt

You are right Pepe - CCCS do not encourage or like you to CCA creditors and will frown upon this.

If you are wanting to go down that route - it may be worth coming out of the dmp with CCCS and "doing your own thing".

Good luck with it.

pepe2008

Deep_In_Debt wrote: »

You are right Pepe - CCCS do not encourage or like you to CCA creditors and will frown upon this.

If you are wanting to go down that route - it may be worth coming out of the dmp with CCCS and "doing your own thing".

Good luck with it.

I know that there are CCAs in place for £18k of £59k, but pretty confident that the rest is vulnerable ( £13k already in dispute ). Tempting.

Deep_In_Debt

Worth giving it a go. I'm sure most, if not, all of mine are unenforceable as most of my debts were taken out years ago but I'm not CCA'ing mine as yet as so far my creditors have been pretty good and I don't want to open a can of worms. I did CCA a couple about a year ago who got nasty and they returned complete shockers but I'm still paying them and they've not contacted me since. However, perhaps the fact that they have accepted my dmp and not threatened any sort of court action after over a year and most have left me alone, that they know they have unenforceable CCA's, so I feel I'm in control of the debts, not them.

pepe2008

Yes, CCCS is a bit of a 'comfort zone' isn't it, unfortunately it is just that.
Facing a DFD of something like 2018 makes 'going it alone' more tempting. Some thought required here. I had £42k of business debt in '90s and got 80% written off....hmmmmm

debtlady

Hello again. Have just received the enclosed from 1st Credit compliance officer:
"Thank you for your letter of the 20th November 2008.
We have requested a copy agreement from our client and shall forward same to you as soon as it has been received." (I orignally asked for the CCA on Sept 19th)
"We are fully aware that we cannot enforce a debt whilst there is a CCA request in place. However we do not agree that the account is now in dispute for the reasons which you have given. Our client has advised us that the debt remains due and payable.
We are not prepared to remove our entry from your credit file or all your data whilst we await the copy agreement. You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.
A hold has been placed on your account in the interim."
I'm blinded by legalese. Can anyone help with an explanation, or what I should do now?

Thanks in advance

pepe2008

Cutting through the cr*p, it says
'we havn't got a CCA and the Client probably hasn't. In the meantime we'll try to baffle you into making you think that you have asked for thewrong stuff so making your whole request invalid and the debt still due and payable'.

If they have not provided the CCA then, until they do, the debt REMAINS but cannot be enforced, ANY charges made, or passed on to a 3rd Party.

have you made any Complaints to OFT or FOS?

When you have hit the 12+2+30 it becomes a different game. What you want them to do is admit there is no CCA and write it off or say no further enforcement. I suggested to them that they should request the CCA a second tme from their Client, a risk I know but if that request comes back as a blank then they have less legs to stand on than a man with no legs:D