1st Credit and Private Investigators

ArseandElbow

Well, second post of the day, going for a record.

wife got home from work to find a letter from a PI from sound sof it asking me to attend court (acting on behalf of 1st Credit).

Not sure what it's for yet, wife rung 1st Credit they wouldn't say, she's scoured house can't see anything off them to work out what it is.

the letter from PI, basically says they are goign to name me in local papers etc.. if not in contact with them, sounds a bit bullying and intimidating to me.

any advice as i've not had to deal with either before? :eek:

Tixy

This sounds odd.
What exactly does it say about attending court?

Do you mean you don't know what debt of yours 1st credit have bought/or are acting for?

Sounds like they may well be in breach of the OFT debt collection guidelines OFT Debt Collection & letter Guidance - READ IF YOU ARE BEING HASSLED UNFAIRLY
but without more info its difficult to say what your next step should be.

ArseandElbow

Not sure letter in home, but the gist of it was that they are going to serve me, to attend court, failure to attend will name and shame or along that lines will post the finer points when I get home, though I wont be there until late tonight.

no idea what the debt is for yet. They wouldn't divulge info to wife, though if thye using PI's then i wouldn't expect to find anything at home about it, as I surely would just have a court letter in first instance?

nottoolate

sounds like there might be a ccj for this and the PI is wanting to serve on you a notice to attend the court for questioning

they have to be personally served on you

http://www.adviceguide.org.uk/index/your_money/money_management_index_ew/action_your_creditor_can_take_index_ew/how_a_creditor_can_get_information_about_your_finances.htm

ArseandElbow

I'll give them a call and see what it is all about so prepare to be bombarded with questions later... thanks for the above links both.

ArseandElbow

The investigator is coming back at 4:30pm on the 18th unless I make a new date. Seeing as i work 20 miles from home and use public transport (2 trains and a bus) he'll be waiting a bit later for me. One question though.... should I speak to 1st Direct rather than this company, y'know Organ Grinder and not the monkey?

RAS

Hi

This could be complete DCA bluster with no legal force at all. Or it could be a proper legal issue.

However if this event is taking place at home I am going to guess it is bluster and they have no legal right whatsoever to visit youm, unless youy really want to talk to them.

We cannot twell you for sertain until you get home and post up the content of the lettter.

Pleas enote that DCAs are alwas telling people that failure to cooperate with them MAY lead to legal action etc when it is very unlikely.

And any threat to name you in the papers is illegal; this rarely happens with bankruptcy these days and that is the only time it is allowed.

ArseandElbow

Hi all,

here's the letter censored appropriately. it's on non-headed paper and is typed out with the exception of who's sending it, my details and dates, oh and signature.

I have been directed to serve you an Order to Attend Court for Questioning issued in the above action (1st Credit Limited). I have already attended at your address without meeting with you. (then in pen - 11.AM today)

I have to inform you that i will attend your address, as below, on (in pen - Monday the 18th day of July 2011 at 4:30 pm) the purpose of serving you personally with such Order to Attend Court for Questioning.

should the above appointment prove inconvienient I will endevour to attend any other reasonably convienient time and place you may suggest for service.

It is my duty to inform you that should you fail to attend the above appointment, or any other made in lieu thereof, application will be made to the Court for an Order for substitued serivce of the said Order to Attend Court for Questioning by way of advertisement inthe daily press, or in such other manner as the Court may direct, and you may be liable for the cost of such application.

yours faithfully.

hand signed.

Now odd thing is the envelope it came in was stamped and franked by post office?

nottoolate

so if that is to be believed they already have a ccj

the newspaper part is one of the possible things that can be done if they cant give it to you by hand. not an attempt to embarrass you.

wait and see what he gives you. that should have info on that you can use to contact the court and confirm whetehr its valid or not

ArseandElbow

so shall i not bother contacting 1st Credit to see what's happening?

nottoolate

if its real then the papers served on monday will have all the details you need

you then contact the court

as you clearly didnnt know about the ccj before this then you may be able to get it overturned or set aside