1st Credit Statutory Demand, no CCJ

fermi

mikkir wrote: »

Can they make me sell my house to repay them?

Nope.

Even if they were daft enough to go for bankruptcy, they would have no preferential status as a creditor and would have no influence over the property.

With less than £10K of equity (your share may be half of that) the Official Receiver/trustee would prefer to offer your share of the equity back to you or a third party. I can't imagine a sale being forced for a small sum like that.

1st credit wouldn't see a penny of that anyway since the OR/trustee gets their fees/costs paid first, and these would swallow that up.;)

debtman2007

mikkir wrote: »

Help!!!!! Just rung them they wont accept an offer, of 125pm they said its gone to far now and the next thing that will happen is that a representative 21 days from the 30th of september will come round , serve me with bankrupcy papers , they then will liqidate my assets . He repeated this continuosly so i ended up saying please put on my file that I have rung up with an offer of £125pm so that when the cour bloke does turn up I can tell him that you refused my offer, and go ahead and do this as i have negative equity in my house , he replied fine and put the phone down.
Can they make me sell my house to repay them?
I didnt give them my phone number tho HE HE HE

They refused £125pm?? Can i ask how much you owe roughly??

pepe2008

Hi Mikkir,
the worst thing you did was RING THEM, this just gives them the opportunity to scare yo again.
Everything in writing, nothing on the phone.
I spoke to the Information Commissioners Office ( Data Protection ) regarding recorded conversations being part of the 'stored data'. 1st Crudit get around it by telling lies that the recordings are not used for making decisions etc...rubbish! So this means that they can say what they want on the 'phone.
Whatever they say on phone, confirm to them by e-mail, such as "could you please confirm as soon as possible your request to me to raise further borrowings against my property to enable repayment of your debt in preference to all others on my Debt Management Plan with CCCS, could you also confirm your request that I contact you on your Premium Rate number..."
they wont answer but it creates a record of non-response from them.
Stick to your guns.

mikkir

Finally got thru to someone who understood about my wifes disability and they accepted £125 by direct debit THEN THE CHEEKY HARD FACED Bxxxxrds DECIDED to take £250 out !!!!!!! I reclaimed this last week through the DD guarantee scheme and First Credit havnt been back to me .
The outcome of this is that I am now sending my CCA request out tomorrow (I know I should have listened to you all at the start) and I will go and live in a field before they get a single penny off me.:mad:
BTW I owe £6892.96 and I hope they are as mad a wasp in a bad mood.

themagics

hi we too have had stat demand but from marlin who did threaten ccj in april it wasn't pursued they sold debt on again and have now bought it back again thus the serving of stat demand we go to hearing in court this weds as we have applied to have it set aside we too have requested cca from them which they have til thurs to send it hasn't come yet will let you know what happens for us on weds good luck with yours

cloudnine_2

Hi. I'm at the start of my rocky relationship with 1st Credit for a card debt of almost £9K. We're at the stage of CCCS providing them with a break down of my finanical position and a proposed payment plan. Reading all the threads on 1st Credit I'm fairly confident they won't accept this.
My question has to do with the CCA. Do I request this now, or await later threats, for example if they attempt court action? Does the timing of the CCA matter? I really want to be proactive, as waiting for them to unleash hell on me is nerve racking. Thanks everyone

RAS

Hiya

You can send for the CCa anytime. In fact it might be a good idea as 1st Crudit have a reputation for ignoring legal niceties like legal documentation. And if they know you are on the ball, they may be more co-operative.

of course, they may come back with the CCA, but at least you thne know the score.

Do check in if they do so, as a lot of CCAs are anything but complaint with the law.

mikkir

As per all of your great help and info , I got my CCA thruogh after a 3 month wait then after 5 months got a statement, I thought they had given up during the 5 months but no such luck.
Then I got this!!!!! Check the expiry date on the letter and the post date at the top the bloody con men.

HellsGranny

Cheeky bar stewards.

mikkir

Just to let you you all know I have fired this off to the Oft tonight as 1ST Credit Have obviously breached the new OFT requiremnts here http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf
As I have now recieved a charging order ( or is it) from LCS

Hi , I thought you might be interested to note that the notorious First Credit are not keeping to the the guidlines that you have asked them to.
Firstly let me give you a bit of back groung on the case, roughly two years ago my wife was diagnosed with a motory neurone disease which was about halfway through the initial loan with citi. As a result she had to leave work for a considerable time and we could not afford to pay the unsecured loan we had with CITI. About june last year I recieved a letter asking for £6892.96 , i rang them staraight away to make an offer of payment only to be told they would only accept a full payment within the next 7 days which we couldnt afford , the gentlemen I spoke to was very rude and bordering on aggressive so I put the phone down.
I didnt do anything until October 2008 when we got another letter stating that £6892.96 was due and payment in full was needed to prevent a Charging Order being obtained.
My wife rang them this time , explained her disability and was pushed to tears by the "Service" operative but we came to and agreement of £125per month, this was after 2 more calls and them finally accepting we have no equity in our property and that my wife is disabled, this was set on the 7/10/08 by Direct Debit. On the 11/10/08 they decided to take £250 out of our account which we reclaimed through the DD Guarantee Scheme.
I then requested a copy of the Consumer Credit Agreement so I could check the amount owed to see wher I stood, this arrived early December.
I waited for their next move and in May recieved full statement from them and nothing else until this week when I got the first letter (attached) a very nice offer I thought but check the post date at the top and the expiry of the offer date at the bottom, then today I got the next letter from Lcs solicitors (also attached).
They know my wife is disabled and it will not get better( a breach under your Sensitve Case requirements OFT RULING 19/2/9)they know my mortgage is £150k and now in negative equity due to the present economic climateand we are in arrears as explained to them in October therfore there s no realistic prospect that legal action will be taken for either a charging order or bankrupcy( a breach under your requirements OFT RULING 192/09).
I am quite willing to make a paymeny offer to them of £130 per month but when I ring these modern day bully boys they leave you with a bad taste in your mouth and will be quite happy for them to CCJ me and set up a payment offer. My wife will not ring them as she gets upset with them and I wont ring them as I get very angry as they seem to want blood from a stone.

Thankyou for your time
Mikkir