1st Credit - ignoring DMP

waveydave

HI - just to let ou know you are certainly not on your own where first credit are concerned. I have had 10 months of "abuse" from them and despite me making several attempts to pay them something they have never accepted it or cashed teh cheques etc. - it doesnt help you much i know but as others have said - ignore there phonecalls - i found it easy eventually to answer any phone call knowing that it was more than likely 1st credit and if they started going off on one i just simply told them i had asked to be only contacted by letter and then put the phone by the side of my chair and left them talking to themselves untill they got bored lol

It would be interesting to see how many users of this and other forums have been "harrassed" by 1st credit - surely a mass of letters from everyone to OFT or trading standards etc may get them the official kicking they deserve ?

Scooby*1

So am i correct in understanding that they have to have your original CCA and if they don't they cannot pursue the debt? Really? Do i just ask for it?

rog2

Of course - if they can't prove the debt, then they will be laughed out of court.

ditchthedebt_2

If any of your creditors are harrassing you as you say it needs to be reported to the OFT. They issue a license for to trade in this industry and lay down guidelines when things go wrong. They should not be contacting you at work or your parents and if they disclose any information they would be in breach of the DPA. I hope this helps you.

Scooby*1

Oh this gets better. I wrote to say that they were only to contact me by letter but still ringing - although had a few quiet weeks after Virgin disconnected me [not my fault - nice credit on my account thanks Virgin] but now connected they're off again.

Letter today saying "they are unaware of any legally valid reason for non-payment or of reasonable offer being made. We are therefore considering whether we should issue a Statutory Demand under the Insolvency Act 1986. We strongly recommend you contact a solicitor"

Is this another smokescreen? Crikey - no wonder i've no nails and white hairs sprouting out of my head. Gibbering wreck once again. I have written to them repeating my mantra and the payments are still going to them via the CCCS. What can i do? HELP!!!!!!!!!!!!!!!!

rayday2

The key wording there was "considering" which does not mean a lot really - speak to CCCS about it.

Hippocampus

m_j_t12 wrote: »

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

Where did you get the information from that Cabot Financial are 1st Credit? This would be useful to know, if true.

Hippocampus

Scooby*1 wrote: »

So am i correct in understanding that they have to have your original CCA and if they don't they cannot pursue the debt? Really? Do i just ask for it?

You need to write to them to request a copy of your original agreement as is your right under the Consumer Credit Act 1974. You also need to send £1 as a fee for this service.

Even if they do manage to get you a copy of the agreement, it might turn out to be unenforcable. In which case, the tables are turned, and you would be in a very good negotiating position from then on. Safe and secure in the knowledge that they can't take you to court.

It's highly likely that this will be the case.

Scooby*1

I know it was too good to be true. After several months of peace and quiet, 1st Credit are back on the trail.

My DMP was reduced by the CCCS as my household bills and transport costs have soared.

This has resulted in the payments to 1st Credit being reduced from £75 per month to £65. THE LETTERS HAVE STARTED AGAIN!!!!!!!!!!!!:mad:

I suppose i should be grateful that they don't ring anymore after i threatened them with harrassment but this is beyond a joke.

Last week it was a Charging Order and today they are considering going for bankruptcy!!!!! Can they do this?

The logical part of me [which is shrinking rapidily] says this is a no brainer really. THey haven't even gone to court yet but i really don't need this. I've forwarded the letters to the CCCS and they do write to 1st Credit but this is making me ill.

What on earth can i do. I've just written to them asking for my original CCA from Citifinancial. How long do they have to repond to this?

Sorry for babbling but I feel like i'm back to square one again.:eek:

Hippocampus

Give them a couple of days for postage, and it being a bank holiday and all, to be generous. So start counting from Tuesday. 12 working days after that, if they don't produce an agreement, they are in default, and a further calander month after that, they have committed an offence. Unless of course there IS no agreement to send you, and they should tell you so.

So you should just sit back and relax until they either default, or try to justify a onsense scrap of paper as being a valid agreement regulated by the CCA 1974. Until they come up with the goodies, any threats or bullying is just so much hot air, and there's nothing they can do to you.

If they DO ignore you, and decide to take you to court, you will be able to defend on the basis of section 127, 3 of the CCA. In other words, no agreement, no payment. They'd be very silly then, NOT to start negotiating with you. But then, silliness is the name of the game. So if they start playing silly beggars, you are quite with your rights to threaten them with a comlplaint to the Financial Ombudsman, Trading Standards, the OFT, Uncle Tom Cobbly and all.

So relax.