1st credit help

[sammy960]

I had a personal unsecured loan with Halifax building society who have now sold my debt to 1st credit. They have been so nasty and told me if I dont pay full amount within 7 days are going to apply to courts for judgement and then go for an order for sale on my property.they have also told me they might go for bankrutcy. I am so worried I have sent a cca request and have not heard anything yet, what do I need to do once the agreement is received. Does anybody know if they can go through with threats even though I am making payments each month. can anybody help me.

[saintly_1]

Hi I have moved your post to the DCA forum where it will get seen by people who are used to dealing with 1st Credit

 

 

 

saint

[blipvert]

OK, Sammy, relax !, You've done the right thing in asking for the CCA, presumably you sent it special/recorded, (keep the stub), used letter N from the templates and didn't sign. They have 12+2 days in which to comply, if it doesn't arrive, you are within you're rights to pay nowt. If it does appear, scan it in here (AFTER OBSCURING ID marks INCLUDING BARCODES, SERIAL NUMBERS ETC) so the CCA peeps can see if it is enforceable. In the meantime, don't talk to them on teh phone, (refuse to answer their security questions), from now on, everything in writing. All this stuff about BR, baillifs etc etc is just intimidation to scare you into paying. The law is on your side so calm down.

 

PS: when was the loan taken out and for how much ?

[cymruambyth]

They should acknowledge your CCA request and then send updates stating that they are still waiting.

Never ever speak to them unless you are feeling particularly strong and have recording equipment.

Send them the phone harassment letter.

Scan any letters that you receive, with personal details and barcodes removed.

Finally as soon as they fail to comply with your requests, ask for their official complaints procedure.

1stC are avid readers of CAG so don't be too specific on details

Edited January 7, 2009 by cymruambyth
added something

[hillards]

...going to apply to courts for judgement and then go for an order for sale on my property.they have also told me they might go for bankrutcy...

Can we correct that and use the same words they did - mainly COULD, MAY and IF - in other words, threats, not what they WILL do but what they MAY do...

Typical scare tactics, and you should NOT worry about them.

 

As for paying them, it's up to you, but if you've had a read of the many threads relating to Lowell held accounts you will note that they all have the same end result, they cannot enforce the agreement so have no right to collect anything.

 

There was a post I read earlier in which there was a short debate about credit reference files and the fact that paying a small amount a month means that the 6 year limit under which an alleged debt can be persued was being extended by this 'token' payment. See post 19 from ScabHunter - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/176178-should-i-paying-them.html?highlight=token+payment%26quot%3B+%26quot%3Bstatute+barred#post1902761

 

I've added some thoughts of my own as post 24 of the same thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/176178-should-i-paying-them-2.html?highlight=token+payment%26quot%3B+%26quot%3Bstatute+barred#post1903051

[sammy960]

Thank you all so much feel much better talking to sombody who can help me. I think I have made a really big mistake because I have signed the letter didnt realize not to sign it. could they take the signature and put it to an agreement.

 

does anyone know what I should do if I get a statutory demand which they are threatening me with.

 

Have 1st credit sent anybody eles a statutory demand and if so have they enforced it.

[sammy960]

OK, Sammy, relax !, You've done the right thing in asking for the CCA, presumably you sent it special/recorded, (keep the stub), used letter N from the templates and didn't sign. They have 12+2 days in which to comply, if it doesn't arrive, you are within you're rights to pay nowt. If it does appear, scan it in here (AFTER OBSCURING ID marks INCLUDING BARCODES, SERIAL NUMBERS ETC) so the CCA peeps can see if it is enforceable. In the meantime, don't talk to them on teh phone, (refuse to answer their security questions), from now on, everything in writing. All this stuff about BR, baillifs etc etc is just intimidation to scare you into paying. The law is on your side so calm down.

 

PS: when was the loan taken out and for how much ?

 

Hi,

 

the loan was taken out in 2005 not sure how to scan documents on any advice. Thank you so much.

[Duffers Mum]

Hi Sammy and welcome to CAG, you are in the right place.

 

1st Cretins issued a stat demand to me last year for a Citi Card debt, I cca'd them, they never sent anything, I wrote and said account in dispute, they ignored it and issued the SD whilst I was on holiday, obviously I was really worried on my return when I found it waiting for me, however I took the great advice from the folk who contribute to this site, filled out the affadavit and took it along to the court, the court then sent me a hearing date, shortly before the date I received a letter from 1st saying they had advised the court they would not be attending and they wanted me to not attend and not ask for costs, well I ignored them, faxed through my costs to the court a couple of days prior to the hearing, and sent a copy next day delivery to 1st Credit, I attended the court, and was in and out within minutes, the judge awarded me costs and 1st Credit paid up within the 14 days period, that was in October, and since then i've heard nothing from them.

 

I would say, please don't worry, they issue SD's like there is no tomorrow, there are loads of people on here who have received them and like myself had them set aside and costs awarded.

 

If they send you a copy of what they say is an agreement try and get it posted up and then somebody will be able to tell you if its enforceable or not, obviously remove all personal details first, and don't give too much information out on here that might make 1st Credit recognise you, as they have been known to mooch around on here.

 

Good luck

Edited January 8, 2009 by Duffers Mum
Another Duffers Mum typo!

[sammy960]

Hi,

 

thanks for that. did you sign you cca i am concerned now because I did I am worried that they will paste my signature to the agreement.

[lilly white]

sammy

you are now with people who will help read as much as you can prepare as much as you can get the facts,look at other cases on this site,

 

It is not the answers that you are looking fore, but the questions

 

I have read so much on this site that give hope where there is hope there

is a future be a asured that people on this site are well aware of who you dealing with and will be with you

 

sorry its a bit long however i am sure that you have come to the right place

 

regards

[Duffers Mum]

Sammy

 

I must admt I did sign some of my letters and even originally send cheques from my own account, however nobody has as yet copied and pasted my signature. ~The only thing i would say is that Banks are often better at keeping paperwork for loans then credit cards, I know for loans I've had with the Halifax I've always received a proper copy of the agreement, signed and showing interest rates etc once the loan is opened, but I never have for a credit card.

 

Good luck

[sammy960]

duffers mum

 

feel a little better now but still feel really sick with worry. I just hope Halifax havent sent them the correct paperwork they really dont deserve any monies from anybody. All my other creditors have been really helpful and acceted what I have said but 1st credit will not budge I am so scared of losing my home, I just sit and cry at night I carnt sleep.Must admit sorry I signed the letter now.

 

thank you for all your kind words and support it has been most helful.

[hillards]

duffers mum

 

feel a little better now but still feel really sick with worry. I just hope Halifax havent sent them the correct paperwork they really dont deserve any monies from anybody. All my other creditors have been really helpful and acceted what I have said but 1st credit will not budge I am so scared of losing my home, I just sit and cry at night I carnt sleep.Must admit sorry I signed the letter now.

 

thank you for all your kind words and support it has been most helful.

 

Sammy, consider this. You may have owed the HX money, but they've actually closed your account and written it off, claiming tax relief for doing so. Along comes the debt collection agency and buys details of the alleged debt for peanuts, then they start to bully and threaten you for payment - but have you actually owed THEM anything? Nope - so don't be worried about them making demands and threats when we've shown time and time again that they are just trying to scare people into paying up without even questioning that this company has any tright to a penny of YOUR money.

 

A lot of the time the banks write off accounts because they know they cannot enforce the agreement and it's not worth their while to try and recover payment using their own in-house collections people. Along come the chancers and buy up hundreds of these old accounts, giving the original bank some more cash in the process - which is why the bank is happy to sell these accounts on.

 

The process is the same, no matter which comapny you deal with. They send letters saying you now owe THEM money and most people think they are in big trouble, that the bailiffs will be round or that their home can be sold - but when you look a bit closer the debt collection people have used words like MAY or COULD, to say that something might happen if you don't cough up. Intimidation, no other word for it.

 

Thankfully, more and more people are looking on the Internet to see what they can do to sort it all out, and discover CAG - this place should be available to everyone, on free prescription! It cures headaches, sorts out the pains (in the rear!) and tells you how to treat the scabs...

 

They have a LONG way to go to be able to make any claim to your property, it would need a court case, in which they have to prove that they are legally entitled to ask for payment of the account. That's why we test them at this stage, by asking for a copy of the agreement that they would rely on in court. It's called evidence, and unless they can prove it, they cannot enforce payment.

 

Even if an account got to court, and so few do unless the debtor buries their head in the sand, you get every chance to defend yourself, and show reasons why the account got behind. The judge will listen and cannot force anyone to pay what they cannot afford. It's only where a court order has been made and the debtor has gone into serious default (the WON'T pays) where the court can enforce any serious action against property, either taking goods to sell or putting a charge on a house.

 

As you read through the many threads on CAG, where other people tell their own story, you will note that the debt collectors are not willing to go to court on your terms, where you've shown you know what little game they are playing...

 

Stop the crying, forget all about them at night and get your sleep. They are just big bullies! If they were reasonable in their procedures then a lot of people would be quite happy to pay them at a rate they can afford, if they can. It's when these people start making demands that we get upset, and it's this they rely on when they pile the pressure on - hoping you don't realise that most of what they say is actually threatening behaviour - there should be laws to prevent this kind of thing going on.

[sammy960]

Hillards,

thanks for your words of encouragement. Could I ask I have just been contacted by claimmanagementuk.co.uk regarding wiping my debts they want £250.00 for all 5 of my creditors they have assured me all can be written off. Is this just another con or is it somthing I should look into. I dont want to be taken advantage of because I am already vunerable. thanks again

[hillards]

Hillards,

thanks for your words of encouragement. Could I ask I have just been contacted by claimmanagementuk.co.uk regarding wiping my debts they want £250.00 for all 5 of my creditors they have assured me all can be written off. Is this just another con or is it somthing I should look into. I dont want to be taken advantage of because I am already vunerable. thanks again

 

Important: If that company have contacted you via this website, please click the red triangle at the side of the message or PM and let a site helper know. It is VERY NAUGHTY of them to tout for business !

 

There are companies out there who will follow the same system we advise on here, except they will charge you for the pleasure of them sending the letters. Save yourself money by using the templates provided and ask for FREE advice if you need it.

[Duffers Mum]

I received a text message today from credit management something other, claiming they could get my debts written off, for a fee of course, flaming cheek just sending messages like that, thank heavens my mobile lets me block numbers, these companies are all jumping on the bandwagon now aren't they, however we don't need them, we have the lovely folk who subscribe to CAG and I know who I would rather trust!

 

Sammy - listen to what Hillards has said, because he/she is right, and don't worry, you really are in the right place.

[blipvert]

sammy960, I want to grab you round the the neck and give you a good shake. I have followed many threads on this site since Aug 08 just like yours (and mine), you are in safe hands and now, well-informed.

Edited January 9, 2009 by blipvert
addition

[sammy960]

thank you I just worry so much. At what stage are you at is your roblem with 1st credit.

[blipvert]

thank you I just worry so much. At what stage are you at is your roblem with 1st credit.

 

They are at the stage where they are now inert, all thanks to the advice and guidance from this site.

[sammy960]

does anybody know can 1st credit issue me with court summons while I am waiting the the details of my cca request. or can they send a stat demand. can you set aside a stat demand just saying you are waiting for the information.

[hillards]

does anybody know can 1st credit issue me with court summons while I am waiting the the details of my cca request. or can they send a stat demand. can you set aside a stat demand just saying you are waiting for the information.

 

Whilst a CCA request is being processed the company holding the account cannot pass it to another DCA or take further action, like any demands or proceedings. If they do then you can prove they did this incorrectly and any such action must be reverted.

 

If they've not responded to the CCA request within the time limit of 12+2 days you then send them one of these, thanks to IdaInFife: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

None of the DCA's will issue any court summons just like that, they make lots of threats first.

 

Don't panic so much!

[Duffers Mum]

Mozzat, please can we not have violence on this site unless directed at DCA's lol!

 

Sammy they can and probably will issue a Stat Demand, if my case is anything to go by, but as I and many others have written on your thread, you can apply to get it set aside and get costs awarded if you do your homework properly.

 

Now for the last time....STOP WORRYING!

[sammy960]

Hi,

 

got my first reply today from CCAs they have sent me a print out of my payments and interest charges. What do I need to do now, do I need to ask them again for my Credit Agreemet.

 

any hel would be helpful thanks

[ODC]

Worst Crudit are the so called professional and they are fully aware that what they sent you does NOT comply with your LEGAL request. What you do now is nothing unless they send you more spurious demands in which case report them to everyone amd make a formal complaint to them.

[hillards]

...do I need to ask them again for my Credit Agreemet.

NO - you've asked, properly, and they've not complied with that request. Once the time limit expires you just have to send them the next letter to tell them to 'go away'.

Nice of them to give you what you didn't ask for, and confirmed they are adding additional charges though.

Give them enough rope...