1st credit Lloyd's tsb loan - SD/co

[rachuk]

Hi,

 

A few years ago myself and husband got into a mess financially. Everything but this debt is sorted out now and was paid by arrangements with DCA's without any court action or anything.

 

The debt is an old Llyods TSB loan, of 12,000 it was sent to 1st credit in 2005, we made payments of £100 a month and couple of years ago increased this to £200 per month.

 

We always pay by standing order through online banking, however last month there was a hiccup with the bank and all my standing orders were deleted. I spoke to 1st credit and we decided in future to make the payments by direct debit to avoid any problems and they would take 2 payments this month, the direct debit has been sent to my bank and set up however they have not requested any payment this month.

 

i today recieved a letter threatening that a charging order will put on my property. I immeadiately rang 1st credit who have informed that the debt has been reviewed and an arrangment is now no longer acceptable, they want full payment within 7 days, if this is not recieved they will issue a statuary demand and then make me bankrupt which will result in me losing my house. How likely is this to happen as i have made regular payments on the account for 3 years, i have today sent this months payment so it doesnt look like I havent paid but any really terrified of what this could do.

[Curlyben]

Gee that's nice of them.

Now they can't get a charging order with out first getting a CCJ and court action.

 

Now this debt needs to be put to proof.

You MUST ensure that they have the legal right to collect it.

 

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with. Your payments can CEASE at this point.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

DON'T sign this letter yourself, or do so in a way that is different from normal. DCA have been known to get handy with photoshop in the past.

 

I hope this clarifies some things.

[firstwithit]

Also cancell DD as they can take any amount from your account, standing order only.

[lihi]

This is really interesting to read that they didn't collect your direct debit. I sacked my dmp people in august and I contacted 1st credit to set up a payment direct with them, run my mobile phone bill up setting it all up one lunch time, then I got a letter out of the blue on Thursday saying I've defaulted on an arrangement and to phone them. I emailed them saying sod off, I set up a dd if you didn't collect it that's down to your incompetent staff, asked for their details to pay s/o and they wrote back asking me to call them, I write back saying sod off I'm not calling 0870 and lining your pocket more than I already have, give me you bank details to pay by s/o or bog off. It's been quiet so far but they've got more chance of snogging my mother than getting me to phone 0870-letusrunyourphonebillup.

[rachuk]

Hi all

 

I sent off CCA as advised, they have recived it and cashed cheque (account is actually in my husbands name although they have discussed the account with me only for the past 5 years! and i signed the cheque so no signatures can be copied)

 

we havent heard anything today they rang and asked for my husband, i advised that he wasnt prepared to speak to them on the phone, they said quite firmly unfortunatley he had to call them, i said he wouldnt and was waiting on a reply to CCA, then put the phone down.

 

Should i be worried that they are still making contact, havent had the usual letter acknowledging CCA letter as yet.

 

Thanks

[shane5408]

Hi all

 

I sent off CCA as advised, they have recived it and cashed cheque (account is actually in my husbands name although they have discussed the account with me only for the past 5 years! and i signed the cheque so no signatures can be copied)

 

we havent heard anything today they rang and asked for my husband, i advised that he wasnt prepared to speak to them on the phone, they said quite firmly unfortunatley he had to call them, i said he wouldnt and was waiting on a reply to CCA, then put the phone down.

 

Should i be worried that they are still making contact, havent had the usual letter acknowledging CCA letter as yet.

 

Thanks

 

Hiya,

 

no you shouldn't be worried at all, infact it would be advisable to not speak to them on the phone at all. You've sent them a CCA REquest, the ball's now in their court so to speak

 

kind regards,

shane

 

 

_________________________________________________

All advice is offered freely & without prejudice

 

If my post has been useful to you please click the scales

[sosumi]

Hi Rachuk,

I just wanted to add that the new President of the Credit Services Association (CSA) is Najib Nathoo[/url]: CSA APPOINTS NEW PRESIDENT

It's worth taking a look at the link, because the last paragraph details his history - and therefore his credentials for taking this 'top job'. He launched 1st Credit.

Then take a look here - it's the CSA's Code of Practice.

And here, 'About the CSA' says (in part) "The CSA is the only National Association in the UK for companies active in relation to unpaid credit accounts."

They are the 'voice of the credit industry'.

They've also produced a 'Debt Manifesto'. They're campaigning - at all levels - to raise the standards of debt collection, they say.

This is all just an aside to what everyone else is saying. But worth bearing in mind if you choose to make a complaint about 1st Credit's behaviour. You could send a copy of the complaint directly to the President of the CSA as well

[babybear39]

Hi rachuk,

 

This is standard 1st crudit tactics unfortunately.

 

Make a complaint to your local trading Standards ASAP, here's the link:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

They should intervene and also tell them about the breach of data protection ie. them discussing the account with you

[rachuk]

Thanks for the advice everyone, i will hang tight and if they ring again I will just put the phone down. If I get any more correspondance I will let you know.

[Having_A_Knightmare]

charging order will put on my propertycharging order will put on my property

 

I am sick of these debt collectors telling people this time and time again.

 

The only way they can get a C/O is they get a CCJ and you default on th repayment plan. Or get a CCJ by default and con you like they did me. Waiting for form to get it put a side then war on Hilsden....HAK