First credit. SAR. Shredding documents. Help!!

ents

Sometime ago I got into financial difficulty and 1st credit acquired a debt in my name from Nat West/RBS.

I understand that 1st Credit pay approx 8p in the £ for acquiring debts (eg: they would pay £800 for a £10,000 debt but would still chase for £10k plus charges and interest!!)

They very swiftly managed to get a judgment and then a charging order over our property - including the exorbitant charges and interest over and above the original debt, which they paid peanuts for originally! i think this has been done illegally, and they are now threatening further action!

I understood that I could write to 1st Credit using a "CCA template" in order to obtain all of the original documentation and history, for the sum of £1? But someone advised that what I require is a SAR, at a cost of £10.

I used the SAR letter template from this format… and this week received the SAR response from 1st Credit – with details going back to 2007.

But a footnote says that “any correspondence received prior to the enclosed was sent to another company to be SHREDDED. We don’t hold actual copies of letters sent to you other than those enclosed.” What is the position regarding shredding of key documents??

The correspondence only includes letters sent back and forth between me and them. None of the paperwork shows how much they paid for this debt from RBS, nor any of the correspondence relating to this account between these two parties.

The debt was originally assigned to first credit in July 2003. They obtained a Judgment in 2007. They obtained a charging order over our house in 2008

Now they’re threatening to go after our house.

Really need help with this – please can someone help.

Sparklyfairy

Hi there,

Have you been making payments by installments to 1st direct? Do you have children? The reason I ask is because they can legally now go after you for an order of sale as they've been granted a charging order. A judge wouldn't look favourably on you if you avoided payment as per the court order, but it would be very difficult for them to grant an order of sale if children live in the house (or an ill or elderly person lived there as well.)

If I were you I'd post on the CAG website under legal issues as they would have much more info relating to getting the ccj/charging order overturned...but I feel this would be very difficult to do. Look out for Sequenci - s/he is very clued up on the in's & out's of it all. Hth SF

Culex

ents wrote: »

Sometime ago I got into financial difficulty and 1st credit acquired a debt in my name from Nat West/RBS.

Was the debt in your sole name or was it from a joint account?

I understand that 1st Credit pay approx 8p in the £ for acquiring debts (eg: they would pay £800 for a £10,000 debt but would still chase for £10k plus charges and interest!!)

It does seem iniquitous, but governments are reluctant to interfere.

They very swiftly managed to get a judgment and then a charging order over our property - including the exorbitant charges and interest over and above the original debt, which they paid peanuts for originally! i think this has been done illegally, and they are now threatening further action!

Is the property jointly owned with someone else and, if so, who?

I understood that I could write to 1st Credit using a "CCA template" in order to obtain all of the original documentation and history, for the sum of £1? But someone advised that what I require is a SAR, at a cost of £10.

I used the SAR letter template from this format… and this week received the SAR response from 1st Credit – with details going back to 2007.

But a footnote says that “any correspondence received prior to the enclosed was sent to another company to be SHREDDED. We don’t hold actual copies of letters sent to you other than those enclosed.” What is the position regarding shredding of key documents??

That would depend on the nature of the documents, but you might wish to forward that letter to the Office of the Information Commissioner. At a first glance, it might seem that 1st Credit has not supplied all the data concerning you - such as notes on your file - from their system

The correspondence only includes letters sent back and forth between me and them. None of the paperwork shows how much they paid for this debt from RBS, nor any of the correspondence relating to this account between these two parties.

Nor should there be, as you would not have been a data subject in such correspondence.

The debt was originally assigned to first credit in July 2003. They obtained a Judgment in 2007. They obtained a charging order over our house in 2008

Now they’re threatening to go after our house.

Really need help with this – please can someone help.

You need the help of a lawyer - go to the CAB and speak with their duty solicitor.

It is plain that the law needs to be changed, as Charging Orders were meant to secure unsecured debts.

It also seems plain that 1st Credit should be reported - possibly through your local Trading Standards department - to the OFT, as they might seem to have broken or ignored the restrictions imposed on them.

Enquiries
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

Enquiries@oft.gsi.gov.uk

The Financial Ombudsman Service may also be able to help:

The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR
Telephone: 0845 080 1800

Whilst you should certainly complain, you must get proper legal advice from a qualified solicitor.

See the National Debtline factsheet for details of what those odious b[STRIKE]u[/STRIKE]ggers can do.