1st have got bored and passed it on to Connaught... here we go again!

ANOTHER thread revival! Have been having 'fun' with First Credit for the last twelve months or so, ever escalating threats, then they simply vanished and Connaught now chasing it! Will they never give in?

Presume they come under their parent co. Close Brothers Group plc or Close Asset Finance Ltd

Ah, right, ok. As they aren't part of the agreement, and usually show in the form of a separate invoice / statement, I was going to play the 'they're unlawful penalty charges and I'm not paying them, issue proceedings if you really want the publicity' card.

Sorry, in that case I don't understand? I can't reclaim what I haven't paid? Thanks for your help

I haven't paid the charges

Sorry, just re-read, the default wasn't from Close, it was from a CC - who then went on to issue proceedings, then withdraw!

The account has never been defaulted, I've always managed to remedy it within the time period. I haven't paid any of their fees, they've simply accrued, so nothing to reclaim. However, are you telling me that the charges for letters / notices of default etc etc are all unlawful charges? Thanks

Hi, long time no post- I've been just about keeping my head above water. I'm due to make the final payment on the agreement tomorrow - hooray!! However, there's now circa £1000 of late payment etc charges on the account. If I tell them to shove these up their backside could they still default the agreement? It's over four years since my last default and I really don't want another registering!

No, it's not an 'admin' type charge - it's a 'late payment letter' type fee Thanks for your help

Are any of them viewed as realistic and acceptable or are the all unlawful? I ave made my position very clear to them on many occassions. Just called to pay and answering machine says they're no longer open on a saturday!

HP on a car; got in to difficulty a few years back when the wife as diagnosed with cancer and have struggled ever since. They send DN every single month if the payment is more than 10 days overdue, which I assume they do to rack up the charges. Although I only have one more payment to make there's circa £1000 of charges on the account for late payment / notice of default fees etc..

Close Brothers

Close

Hello all, I have a default notice with a remedy date of Sunday 27th - yet I know, from previous experience, that if I ring to pay on Sunday they won't be open. Irrespective of whether their DN is valid or not (it's not, but this is the final payment so I'm not going to be pedantic), can they actually default the account if they're not able to accept remedy? The reason for my question is that I don't get paid until Monday- I can borrow the money to pay tomorrow, but it'll cause some embarassment. After several years of trying to et back on my feet I'm nearly there. Nearly! Thanks, in anticipation

That's a shame

Any further comments before I send it? CitizenB, could you ping diddydicky for me? Thanks

I don't want to give them hope:wink:

Hiya, from memory the CCA was compliant, it was their termination seven days before remedy on DN that causes them problems, so is it necessary? Thanks

My proposed reply; Thank you for your letter dated xx August 2012. Halifax unlawfully terminated the above alleged agreement (if indeed such agreement was ever properly executed/legally enforceable) and my obligation to them under the alleged agreement subsequent to their unlawful actions would have been solely for the amount of genuine arrears, not including unlawful charges, as at the time of the unlawful termination. I requested this figure on 15th December 2009 but have not received a reply to date. In this instance I believe that any such arrears are outweighed by a counter claim I would have for unlawful rescission. This therefore means that it is my position that Halifax are indebted to me, and, as such, this account should never have been sold to you. Any thoughts before I send it?

Hi, a couple of years old now, but I received a 'hello' letter from 1st credit last week- looks like Halifax have sold the dud account. Not really sure what to send them though, first threatogram arrived this morning.

Hello all, old thread revival! I received a notice of assignment from Halifax and a 'hello' from 1st Credit last week, followed by a 'we're considering legal action' from 1st credit today. How do I best proceed? Thanks

Loads of dd returned fee £25, typed letter of arrears £15 and Notice of default fee £15. Are these legal charges or can I challenge them?

/double post, sorry/

The problem with Close, IMHO, is that they're used to dealing business to business, and as such their dealings with domestic customers always appears very heavy handed. I sent them a telephone harassment / doorstep letter and have heard nothing in reply- but then again I haven't had any telephone calls either. To the best of my knowledge and understanding they can't repo the car without defaulting the agreement - ie until after the remedy date on the DN. They would then, in your case (or mine, I think) have to apply for a court order - I'm fairly sure they can't just rock up and take it away, hence their constant attempts to get me to voluntarily terminate.