1st Credit - ignoring DMP

Scooby*1

Letter received today. "We are passing your account to our solictors as we have obtained information that you / jointly own the freehold on your property. Our solictors are instructed to secure a CCJ against you and enforce this by way of Final Chargin Order registered against your property. We will give serious consideration to apply for an "Order for sale" of your property".

Oh my God. Can they do this??? This is an unsecured debt. I realise i haven't been making full payment but i have been paying them. I cannot afford what they want. £1000 up front plus £170 per month. This is a nightmare. Surely a CCJ would just look t what i've paid and what i can affor without informing my parents or forcing me to sell the house? Oh my God. What on earth can i do????

rayday2

I would do what the above poster has said its a stamp its worth it!

What do the CCCS say about it all? Do you feel they are doing there best? If not speak with the CAB or give the national debthelpline a ring and speak to them - at this point I think you really need to feel confident that there is light at the end of the tunnel and only an expert can do this so make a couple of calls and see what you can find out - they sound like me to bullies and you have to fight bullies.

Take care
x

rayday2

Just a thought not sure if its legal or possible, but why are you on your parents deeds did you buy into the property and is it possible to sign your bit over to them again for a while - maybe ring a solicitor or something see what they say.

Like I say I am no expert and this may not be possible but its a thought.

AGB863

There is nothing stopping them applying for a CCJ and of course a judge will make a decision on the amount to be repaid - 1st credit can not ask for a charging order until a CCJ is in place and that you have missed one payment on it.

Read this info on the National Debtline website

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

Scooby*1

Thanks to all. I give up with the CCCS, only because they are so swamped with others like me in the same boat. I'll try the National Debt Line. To be honest i'd prefer it if they did apply for a CCJ, at least that way they'd stop harrassing me. 1st Credit seem to think a CCJ will offend me in some way, to be honest considering how bad my creidt rating will be anyway i've nothing to lose.
Thanks AGB863 for the advice - at least i know they can't touch my house if i make the payments.

As for previous enquiry i'm on the deeds as part of a trust my parents set up years ago to avoid IT i think. We all live under same roof - not sure of the details. Didn't even know myself until recently!

chevalier

The thing you must remember is that 1st Credit only look out for themselves, not you or your other creditors. In a DMP the whole reason why banks etc agree to them is that the CCCS can show that your are treating all of your creditors fairly, and paying them pro rata. 1st Credit know this BUT THEY DON'T CARE. They want to get more money out of you for them, EVEN IF this means that your stop paying your other creditors to pay them more. THEY DON'T CARE that if you gave in and did this then the rest of your DMP may very well fail, and you would be in more trouble. They are bullying you to get more money and to hell with everyone else.

Don't give in. I would not be shaking with fear I would be shaking with anger. HOW DARE THEY treat you in this way? They want you to behave dishonourably as it is the only way they know. They will say ANYTHING whether it is legal or not, to get you to pay more to them than is their due.

So as another poster said. Make a note of each time they call. When they call say something like "hang on while I just make a note" when they ask what of say something like "the time and date of this harassment" and do it too. When they have done this for a week, phone both the police and bt and say you are being harassed. If nothing else try to get a crime ref number off the police. Then when they phone the next time say "I have reported your harassment to the police and they have advised me not to talk to you in case there are legal proceedings against you" and put the phone down. If nothing else it will make you feel in control.

Then write to them and say you only want to be communicated to in writing. They will ignore this, but it is all weapons in your armory, because then when they call you can say something like "I am making a note of you harassment and I have told you to write" and then hang up. And of course make the note.

And complain again to the trading standards, ask for your previous complaint to be escalated. Include the list of times they have phoned etc. You could also complain to the financial ombudsman, and your local mp. Someone will help you.

And you know what the irony is? After all this effort from 1st Credit, in about 6 months, they will accept your DMP. They are just trying it on to see if they can get more money out of you first.

Companies like this make me really mad. They can't see that their actions are counterproductive.
chev

Cumbrian_Male

Scooby*1

I have a CCJ and charging order, with another DCA going the same route.

I know it is distressing, but in the grand scheme of things it will make little difference.

They get a CCJ and charging order, so what, it is highly unlikely that they will be granted power to force a sale. Given your circumstances the judge won't allow it.

I co own my property with partner, and the judge who granted the charging order refused to allow power to force a sale, and since getting it my creditor have been great, they even said they would accept a partial settlement.

So try not to worry. Easier said than done.

Scooby*1

Well i thank all of you for your common sense and knowledge and sorry for repeating myself. I simply cannot let or allow for my parents to know about my sorry state of affairs. It would literally kill them. They are of the mantra never a lender nor borrower be, and have never taken out credit in their lives beyond a mortgage.

I would say sod em all and go for an IVA which is what the CCCS advised in the first place but i stuck with the DMP hoping my creditors would view it as me accepting my stupidity and repaying what i can. THe vast majority have, 1st Credit, those darlings of Reigate have not. I realise it is bullying tactics but it is causing me sleepless nights. Thank you to all of you. I feel i have an outlet as i cannot talk to my daughter and my partner whith whom i do not live, assumes all is rosey. Many many heartfelt thanks for your support.

scooterwife

Hi,
This is my first post, even though I have been 'lurking' and reading for a while.
I also have your problem with 1st Credit. It is, as others have said, bullying. They try to frighten you by saying they can do all kinds of things which they can't i.e bailiffs, attachment of earnings etc etc. How they remember it all I don't know.
They are actually ringing for hubby but he would rather I spoke so I just keep repeating this is the best we can do. They offered to put us in contact with a loan company called Black & White but when I asked if they were suggesting I take a loan to pay this off they said no that wasn't what they had suggested!
Having followed a few threads like this we do the following:
I refuse to confirm my details when they call me but say I will call them back.
I call them back and say I am returning their call.
They threaten me with all kinds of things. I say I can't pay any more and will not try to borrow from anyone else.
They tell me again they will not accept my offer and will take me to court.
I say okay then, as you like, and then ask for their name and extension number and also when we can expect their next call.

Apparently according to Sophie Ext 585 it is only harassment if they call me more than three times in one day!!!!

Anyway, what I really posted for was to say you're not on your own and they are complete *******!!!!!

Oh, and I write down every phone call from them - times, caller, ext number
etc.Haven't heard anything from them since 2nd though

m_j_t12

Hi
Dont know if this will help but i am currently clashing swords with cabot financial who are 1st credit i might add, i asked them for my cca and they wrote back to me with the usual threats and guff, they spouted that they purchaced the debt but not the rights and obligations WHAT? well their 12 days are up on thursday my debt is unenforcable untill they get the cca which if they havnt done so by now then i cant see it at all but that is just my situation and how i dealth with them hope this helps
mjt