1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

fatbelly

1st credit feature regularly on dfw

https://forums.moneysavingexpert.com/discussion/5372400

https://forums.moneysavingexpert.com/discussion/5350427

https://forums.moneysavingexpert.com/discussion/5361033

It may well be that they (like most dcas) do not misbehave quite as badly as they used to, and with good reason. Neither are they particularly helpful.

When contacting any dca in any form you have to ask 'what new information am I giving them?' and 'how will they use this against me?'

Tread carefully.

fermi

sourcrates wrote: »

You say you did a CCA request before, and got back something not resembling a credit agreement ?
You should do another request straight away, today if possible, send recorded, or even special delivery, and send it to 1st Credit, as speed may be of the essence.

May be wise. :cool:

FredWhispers

I think one always needs to hear both sides and the history of the case. Bad practice and personal failings will always occur in business, could be human error rather than culture.


We see many clients who, after a rant, admit they ignore creditors and/or expect them to go away and/or refuse to provide them with an I/e's to justify nominal offers. Always best to communicate honestly and openly. You do owe the money after all. We have few if any issues with the big DCA's. 1st Cred is one of the very best these days.

Looked at those links. One said, "I rang them tonight to offer £8000 to settle both accounts. The operative was helpful and pleasant".



FredW

crystal_clear

Ok I can CCA again should I also request anything else ?
copy of transfer or access to data they hold ? and are there forms available I can download on here would you know as the forums have changed a lot since the last time I needed to download anything I am lost.

crystal clear

fermi

See: https://www.nationaldebtline.org/EW/factsheets/Pages/39%20EW%20Credit%20agreements%20-%20getting%20information/Default.aspx

absolutereturn

Clive_Woody wrote: »

Just read your first post again. You say that 1st Credit took over the debt but you have continued making payments to MBNA. Not sure how this works as they can't both hold the debt.

If MNBA have been accepting payments it suggest they have not sold on the debt.....or they sold the debt and continued taking payments from you.

crystal_clear wrote: »

I continue to make payments as always to my original mbna account and I get an annual statement of money paid from 1st credit and the only letters and offers of f&f settlements all come from 1st credit.

Money paid FROM 1st Credit? Surely you mean money paid by MBNA TO 1st Credit? If they own the account, they should be receiving the money.

crystal_clear wrote: »

Ok I can CCA again should I also request anything else ?
copy of transfer or access to data they hold ? and are there forms available I can download on here would you know as the forums have changed a lot since the last time I needed to download anything I am lost.

crystal clear

You can send the CCA request directly to 1st Credit and see what they send you. If you are receiving statements regularly you probably don't need to send a SAR which is the request for all data they hold. That one will set you back £10, the CCA request is what you need and the fee is just £1. See below:

Dear Sirs,

Ref: [ACCOUNT NUMBER XXXXXXXXXXXXXX]

I am writing to request a copy of the credit agreement for the above account under section 78 of the Consumer Credit Act 1974, as well as a copy of the terms and conditions that were applicable to the account at the time I took out my agreement. I would also like to request a statement of account.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974. This payment should not be used for any other purpose or credited to the account.

I look forward to a response within 12 working days.

Yours faithfully,

Once the 12 working days are up (an extra two days are allowed for service) the account is not enforceable until they reply.

Bear in mind there's a huge difference between a letter saying "BR proceedings being considered" and a statutory demand, and even then, creditors often use them as debt collection tools. SDs are rarely issued these days, before the FCA was born in April 2014 creditors issued thousands of them.

fermi

absolutereturn wrote: »

Money paid FROM 1st Credit? Surely you mean money paid by MBNA TO 1st Credit? If they own the account, they should be receiving the money.

from 1st credit means that the statement is from them, not the money paid, as I read it.

crystal_clear

I pay MBNA then I assume they pass to 1st credit as 1st credit are the only ones that send statements of monies received.
MBNA haven't sent me any correspondence since 1st credit came on the scene back in 2007 but other than originally sending for a CCA to 1st credit I have never dealt with them. I continued to pay MBNA all this time.


I hope that clears up any confusion I may have made.


I have just printed off the CCA form and its in the envelope addressed to go 1st thing in the morning recorded delivery again with the postal order in for £1


many thanks
crystal clear

poppasmurf_bewdley

FredWhispers wrote: »

I

Looked at those links. One said, "I rang them tonight to offer £8000 to settle both accounts. The operative was helpful and pleasant".
FredW

So would I be if someone was offering me £8000. On the other hand, if I was saying I couldn't pay the promised £50, how polite would they be?

absolutereturn

crystal_clear wrote: »

I pay MBNA then I assume they pass to 1st credit as 1st credit are the only ones that send statements of monies received.
MBNA haven't sent me any correspondence since 1st credit came on the scene back in 2007 but other than originally sending for a CCA to 1st credit I have never dealt with them. I continued to pay MBNA all this time.

That sounds OK, as long as you are getting statements showing what you have paid and that the payments are going to 1st Credit who own the account. Keep all those statements. The fact that you have been paying and have kept up your agreed repayments would certainly work in your favour *if* 1st Credit went as far as to issue a SD and you had to apply to have it set aside. :j

crystal_clear wrote: »

I hope that clears up any confusion I may have made.

It does.:D

crystal_clear wrote: »

I have just printed off the CCA form and its in the envelope addressed to go 1st thing in the morning recorded delivery again with the postal order in for £1

Well done. :T There aren't many working days left this year and it will take them much longer than 12 days to get their dirty hands on the document, if at all!

MBNA acquired and managed a number of credit cards originally from other providers and didn't always get the paperwork.

Forget about those two and have a Merry Christmas! :xmastree: