1st credit and hbos credit card debt

[Dorabell]

Hi all

just joined the group so i am new to this could some one give me some advice please:confused:

 

i had a debt with HBOS( bank off scotland) can not remember what date i took it out got into financially difficulty

 

i could not pay

 

they passed it on to 1st credit

 

that was 5th november 2004

which i had arangement plan with them up till now i have paid

 

i am off work throu a injury no salary

 

can not pay them anything

 

they threatend me with solicitors

 

all advice appriciated thanks marjie06 keep up the good work:smile:

 

sorry about the speeling

[2Grumpy]

I think that you should send the letter in post 18 now after removing 2 lines

 

You have not supplied a valid CCA as requested.

 

I will not be making any payment to you.

The rest is all valid. the sooner you do it, the better

As always, don't sign, print your name at the bottom

n.b. was the notice of assignment from LTSB or 1st credit? I thought that it should come from LTSB but it sounds like it came from FC

Grumpy

[Dorabell]

thanks for that much appriciated:smile: just off to the post office now i just wait and see what happens after the 12th day hopefully i can sleep a little bit better will keep you posted marjie06

[Dorabell]

Dear forum this is my first time i am writining, i need some of your good advise, i have been looking through the last few weeks,its about the dreaded 1st credit dca thanks:mad:

Edited October 28, 2008 by Dorabell
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[spamheed]

Hello and welcome to CAG,

 

I think you need to provide a little more information.

 

what is the debt for ie credit card/loan etc

How much is it for

have you been paying the debt, if so, how much

what sort of communications have you had with 1st Credit?

 

The more information you can give, the better, as it will enable the persons helping you give accurate information and advice

[Dorabell]

hi thanks for your reply, it was a credit card i took out HALIFAX/ HBOS £1,000 i caint remember what date ( sorry) i supposed to owe £1,308.64, on my credit file its said i defaulted on the 30/06/03 £1,503 then out of the blue i had a letter from 1st credit 5th november 2004 that they were taking over the payments so like a fool i have been paying them on a plan of £19 a month because of my financial difficulties, i have recieved letters from them in the past,, which they did go quite for a while, because i have been off work for 12 months i caint afford to pay them anything now no income, so the letters have started to arrive and phone calls again,then the last few weeks i have been looking throu the forum, i used the template to write to them requesting a copy of cca i sent it on the 7th of february and to day i have received a letter from them that they are requesting from there client which i presume is HBOS they said it is going to take 6 to 8 weeks if u want me to type the letter for you to have a look i will do thanks

Edited October 28, 2008 by Dorabell
spelling

[spamheed]

The law surrounding the CCA request is quite clear, they have 12 working days to comply, when this period expires if they still haven't provided you with the required diocument, they are in default. if the default remains for a further 30 days they have committed a criminal offence.

 

Keep all communications in writing only. ensure all letters are sent by recorded delivery (registered post if you can afford it)

 

ensure you retain all receipts and proof of postings.

 

With regard to your CCA request, you need do nothing further, you are waiting for their reply. if they take 8 weeks or 8 months, the law is still the same law and they can't change it.

 

If you are now on benefits, it is totally reasonable to expect your payments to reduce, it is unreasonable to expect someone who only has a single £1 a week to pay £20 a week, the courts take this view as well, so try not to panic, or get too upset about their demands. just make sure you keep all of the letters safe, if they take you to court (and I doubt they will) their unreasonable demands will not look too good

[Dorabell]

hi all can some one check this for me is it valid this is what 1st credit have sent advise would be appriciated thank

[Dorabell]

advise would be most appriciated thanks:???:

[Curlyben]

Well it is clearly an application form and doesn't appear to have the prescribed terms that are needed.

So unenforceable.

 

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[Dorabell]

whats the next step for 1st credit thanks

[Curlyben]

Same as Fred's

[Dorabell]

thanks for that appriciated sorry i think i have put all the threads together any chance of moving them please:???:

[Dorabell]

Hi all im updateing my thread will post all letters i have received from 1st credit

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[Dorabell]

any advice will most appriciated thank you:-)

[The GodMother]

Is your complaint still with the FOS as per the leter in post 12?

 

If this is then you need to write to the company and advise that they cant do anything as you are awaiting response to the complaint you have with the FOS as thy acknowledged in there letter dated 15 th August 2008.

 

If they were to take you to court you would make the courts fully aware of this and as the courts dont like companys bringing matters to courts with out good reason then you would be asking the courts to throw the case out and rule against 1st credit and award cost to marji 06.