FIRST CREDIT will they take me to court?

radley1974

Hi
The above have said the will take me court if I can't pay the full amount - I defaulted on an arragement with them thro payplan!
Thanks any advice guys?

christhesparky_2

Have you wrote to them and asked for a copy of the credit agreement, they couldnt provide me with one, which made the debt unenforcable

radley1974

So does that mean I don't have to pay it? Sorry to be dim lol?

Grade_A_Reject

They will eventually. When they do they will also add on solicitors costs, plus the cost of filing for a CCJ plus they charge 8% per anum for the duration of how long the debt has been outstanding.

radley1974

thats not ideal then? so what shall i do?

Grade_A_Reject

Do you actually owe the money? As Christhesparky says ask for a copy of the signed CCA. If they can provide this then the debt is enforcable.

I'm not by any stretch of the imagination qualified to advise you on this but I had dealings with First Credit some time back so I know a bit about how they operate. They took an inordinate amount of time to carry out any threat of court action. I avoided speaking to them preferring to keep all dealings in writing. It was about 2-3 years between them first threatening legal action and actually doing anything. Eventually they did issue court proceedings and added court fees, solicitors costs and interest onto their claim.

I settled out of court before the hearing date (for the original amount less the added costs) and, to be fair, when a CCJ did appear on my record despite settling before the hearing, they were quite helpful in assisting me getting it removed even going to the effort of writing to the court in my defence.

They had offered to settle for a reduced settlement figure several times but never disclosed what they would accept. The offers I made in writing of around 30% were rejected but I never got to find out what would have been acceptable.

Have you spoken to the Citizens Advice or similar to get them to draw up a statement of affairs detailing what you can comfortably afford to pay as a regular amount. This is probably your best approach.