***1st Credit issued LEGAL PROCEEDINGS***

moneybackplease

Got letter today from LITIGATION DEPT of 1st Credit acting on behalf of HFC Marbles credit card.Been paying Marbles token payments of £5 per month but after sending financial statenent they wanted £68 per mth.i wrote to Marbles and asked for thier complaints procedure and address of Financial Ombudsman + posted that yesterday but unfortunately letter from 1st Credit arrived today.
I've now sent Marbles 4 LETTERS but rather than deal with me they seem to have passed debt onto 1st Credit.
I must add that i've successfully negotiated with ALL other creditors.

How can I get 1st Credit off my back .
I must admit I'm scared of Legal letter and think I have to take it seriously.

Lensman_2

Please post up the text of the letter (removing any personal info).

1st Credit and many others will threaten legal action if the full balance is not paid within 7 days. This is their standard introduction letter!

But yours may be different...

10past6

What does the letter state?

moneybackplease

the letter states
we now intend to take legal proceedings againt you.if successful it may result in ;
-substancial legal costs and interest being charged
- entry of name in register of judgements,orders and fines,making it very difficult to obtain credit in the future.

subsequent failure to make payment could result in enforcement action
-an application to your employer for an attachment of earnings
- seizure of assets by county court bailliff

if you are not resident of England enforcement action will be in strict accordance with the laws to the country of your residence.

PLEASE TAKE THIS FINAL OPPURTUNITY TO MAKE CONTACT.

pHONE US ON 0870 *** ****.YOUR REF IS *******


i stay in scotland

10past6

Have you ever requested a CCA on this account?

Have you ever received a default notice for this account?

Have you received a termination letter for this account?

moneybackplease

never requested cca on this a/c
don't think i've recieved a default or termination

i think they're just being awkward cos i asked them to drop interest in previous correspondance ie letter to marbles not 1st credit

RAS

i have to run. 10past6 will talk you through the law, but you might find this useful background reading. http://forums.moneysavingexpert.com/showthread.html?t=1522177

maybe let 1st credit know you know?

10past6

OK, I suggest you get that CCA request off now, stay one step ahead of them.

i think they're just being awkward cos i asked them to drop interest in previous correspondance ie letter to marbles not 1st credit

They must issue a default & termination letter prior to litigation.

moneybackplease

thx very much for listening 10past6.

so i get cca off them for £1 i believe .should i give them a cheque for £1.
cud this make it unenforcable as took out c/c with marbles in 2006.
does this get 1st credit off my back

Lensman_2

Don't send a cheque! Use a postal order. There have been one or two examples of unscruplous organisations scanning signatures to recreate documents.

I read one account earlier where a married ladies signature was on a "recreated" agreement that she took out before she got married.

Could be urban myth but it is better to be safe than sorry.

10past6

moneybackplease wrote: »

so i get cca off them for £1 i believe

Yes

moneybackplease wrote: »

should i give them a cheque for £1

If it's your cheque, no don't issue a personal cheque to them as it has your signature on it, use either postal order or a cheque from somone else.

moneybackplease wrote: »

cud this make it unenforcable as took out c/c with marbles in 2006.

Wait and see what comes back

moneybackplease wrote: »

does this get 1st credit off my back

Again, wait and see what comes back, send the cCA request of to who you're paying NOW

Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), I are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

PRINT YOUR NAME - DON'T SIGN