1st Credit - ignoring DMP

Merlot

Hippo, can you not add in your sig..to click on your user name and then you can access your homepage..I did that, and found it, and I bookmarked it for later..look forward to reading it. I must crack on with the dusting first.

Scooby*1

Today i received yet another missive from the darlings at 1st Credit. Apparently i haven't replied to a letter from LCS Solicitors but have never received any correspondence from them whatsover. Interestingly they don't tell me the date of this correspondence, only that it was recent.

They have sent me a Statutory Demand They say

"We attach Statutory Demand, Please acknowledge receipt. Failure to comply with a Statutory Demand is evidence that you are unable to pay your debts and are insolvent within the meaning of the Insolvency Act. This could lead to a Bankruptcy Order being made against you"

OMG!!!!!!!!! What can i do? I've faxed their letter to the CCCS but i am now panicking more than ever.

Why haven't they gone for a CCJ?? At least that way i'd get them off my back. Is there anything i can do??????? HELP!!!!!!!!!!!!!!!

rog2

Scooby - you need to get that 'Statutory Demand' checked out by CCCS, as soon as possible.

Speaking as one who has been declared bankrupt by a creditor, albeit HMRC, I have had a little experience in this field. Normally a Statutory Demand must be 'served' in person. There is no need to 'acknowledge receipt' as 1st Credit are probably hoping that you, in some way, give credence to what is probably nothing more than a scare tactic.
The OFT guidelines for Debt Collection ( http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf ), clearly state that a dca should negociate with a nominated third party - in your case CCCS. You would be perfectly within your rights to report them to Trading Standards, who hold the power to have their licence revoked.
But, in the first place, get on the phone to CCCS, now.

stapeley

hi there ! Now do not panic please . There are threads that explain what a SD is and how to deal with it . I beleive you can apply for a set aside on the grounds that it is a disputed debt and no CCA has been produced . You need to trawl some other threads for guideance . ggod luck

Scooby*1

Thank you to all for replying.

Spoken to the CCCS who tell me to write to 1st Credit and ask for the demand to be set aside. They tell me this is just a scare tactic in 99.9% of cases in an attempt to get more out of people or to increase the payments to them only. CCCS said this is not showing equality to my creditors and the others would be up in arms once they find out about it. They say the next thing i will probably get from them is the CCJ paperwork [plus it costs them £1500 to get the Statutory Demand done] so here's hoping.

I am normally a calm person but these bully boy tactics are beyond the pale. God knows what they're going to do when my overheads increase again due to gas electricity and petrol.

Tears over with now - off to the post office. Thank you all.

Hippocampus

Is 1st Credit a member of the Credit Services Association? OOO, yes they are. Get a complaint off to the CSA too. ESPECIALLY in light of the drivel that they have written in response to the BBC's One Show programme...

http://www.csa-uk.com/csa/news-details.php?id=81954

I decided to blog about the CSA yesterday too...

http://www.coveritup.co.uk/?p=172

High and mighty bunch of !!!!ers, trying to kid on that their industry is squeaky clean, when quite clearly, the example on this thread alone shows that it IS a grubby little industry.

Krasnoludek

Dont let them get you down, to them its just a job - they dont really care hun. You are trying to take control and their tactics just wont work legally, they are full of hot air. Try not to let it upset you - hugs :j

k x

Krasnoludek

Loving the blog Hippocampus !!!

k xx

Scooby*1

Well thank you all. Just read Cabot blog - very interesting and also read the CSA reply. Indeed i have just written an email to "Claire" at the CSA regarding my serious complaints about 1st Credit of Reigate.

I also responded to their position regarding those of us who are "genuine" and the DCAs will "help those in genuine distress" Help my A**e. Never seen it.
I've posted my letter regsitered mail to Mr Lemon [i kid you not] asking them to set aside their Statutory Demand and wait for their reply.

What annoys me is that it is all so unnecessary. I've never hidden my debts, responded to all letters, set up a DMP. The only thing i haven't done is try to take on yet another loan to pay off 1st Credit [something they constantly try to get me to do]

Hey ho. At least i'm feeling much much better than i did earlier so many, many thanks yet again to all. :T

Hippocampus

Scooby*1 wrote: »

The only thing i haven't done is try to take on yet another loan to pay off 1st Credit [something they constantly try to get me to do]

Oh dear. That in itself breaches OFT guidlines on debt collection. In particular...

“. . . Physical/psychological harassment

2.6 Examples of unfair practices are as follows:

b. pressurising debtors to sell property, to raise funds by further
borrowing or to extend their borrowing.”

Oh, dear. A complaint to the Office of Fair Trading perhaps???? How very silly of them. :rotfl:

Additionally, that may constitute an unfair relationship as defined by the new CCA 2006. Which has now come into force. And is retrospective. And has no end of unpleasantness available to make DCA's toe the line. A judge COULD make a company do anything from pay everything to the consumer that has already been paid, upwards. Depending on the judge I suppose. But as it is untested waters, it should make any DCA think twice about going into court unless they are completely squeaky clean in their dealings with a customer, never mind ensuring that their case is completely watertight. :eek: