1st Credit - Will not accept a repayment

zzsarahzz

I have an old £6,700 Abbey National Loan debt that 1st Credit have taken on.

After several very threatening phone conversations with them I called National Debtline & they advised me to only deal with in writing & not to take their calls.

This I have done and I have written on 6 seperate occasions asking them for their bank details so that I can start to make payments to them & offering £50 per month to repay the debt. All I have ever got back are letters and e-mails saying they confirm receipt of my letter but call to discuss. I did once and they just said "we will make you bankrupt/force sale of your house if you do not pay today".. I said "why did you write asking me to call you to discuss the repayment then?" and they admitted it was just to get me to call them.

Since then they have send court papers which I filled in & returned within the days specified but never heard anything else.

Now I have received a letter threatening an Order for Sale of our property saying that they have been in touch with Land Registery & notice they I jointly own the property.

I am at my wit's end. What can I do if they refuse to make a repayment plan.

I have several other creditors for which I have standing Orders set up and they are all Happy with this arrangement so why are 1st Credit being so unreasonable.

Any help very gratefuly received.

Thanks

pepe2008

1st Credit are unreasonable with everybody, without exception.
they breakall the Rules as laid down by the OFT.

Are you making payments to credditors as a private arrangement?

How old is the Loan?

Do you own property with equity?

Have a look at First Credit debt Collection thread.

zzsarahzz

Thanks.

Yes I own Property with Equity but I have arrears.

My other debts are under private arrangement.

Not sure about date of loan - about 6 years - I will find out.

pepe2008

V imp.
If you have had no contact re loan for over 6 years it could be Statute Barred and non-enforceable. check.

Jesthar

Hi Sarah,

Have you ever asked them to provide you with a valid copy of the Consumer Credit Agreement (CCA) you would have had to have signed when you took out the loan? If they can't do this, they cannot legally pursue you for the debt, I don't think.

If not, you may want to try that - there are template letters somewhere on this site that you can use for this.

Oh, and one thing to be aware of - when writing to these scumbags NEVER sign your name on the letter, just print it or type it. Some of these companies have been known to try forging 'original' documents if provided with a sample signature. :mad:

Should be some more people along to give you better advice than I can soon.

~Jes

zzsarahzz

I was making repayment via another Credit Company but they sent it back to Abbey who passed it onto 1st Credit. I think I missed 1 payment with the other Co.

I found the CCA template & will post that off to them.

Thanks

pepe2008

Why did first DCA send it back to Abbey?

Have you thought about using a fee-free dmp?

Dont forget your £1 PO with CCA request....NOT CHEQUE! it has a signature.

milliemonster

I would send them cheques/postal orders as payment if they keep refusing to give you bank details, I think this is a stalling tack so if they do take you to court they can plead that you have made no attempt to make any payments at all

10past6

zzsarahzz wrote: »

Yes I own Property with Equity but I have arrears.

This is extremely important, if you have arrears on your mortgage, only make token payments of £1.00 to your unsecured debts, pay the remaining towards your mortgage.

As it stands, you could lose your home re mortgage arrears, unsecured debts are that, unsecured.

Your unsecured debts ARE NOT a priority.

Jesthar

milliemonster wrote: »

I would send them cheques/postal orders as payment if they keep refusing to give you bank details, I think this is a stalling tack so if they do take you to court they can plead that you have made no attempt to make any payments at all

If Sarah has dated copies of the letters she sent, I'd hope that shouldn't be a problem. Plus she also mentioned that she had had letters and e-mail acknowledging receipt of her letters, so they can't exactly claim they never received them! Having proof of postage of recorded/registered post delivery would be best, of course, but even if the letters weren't sent that way then the replies acknowledging them should be enough, I'd think.

And as pepe pointed out, checques have signatures on them, which isn't always a good thing to let these people have...

I am confused, though - why on earth would these parasites refuse any money offered to them? Isn't that what they want?

And Sarah, I agree with 10past6 - pay your mortgage first, followed by your council tax and essential household bills. The rest can wait, those cannot.

~Jes

zzsarahzz

I have an agreement with Mortgage Co. to pay arrears back on top of Mortgage so they are happy with that.

Thanks for advice.

I have kept every letter I sent and their reply and all e-mails sent to them & automated reply.

Good idea about sending postal orders.
Thanks