1st Credit..please read!!!!!

[mrsfoot]

I have had the unfortunate experience with this company. I have taken this complaint to Trading Standards and Consumer Direct and FOS leading it to be sent to OFT. This is the response I received:

 

Dear Mrsfoot, I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

The Consumer Credit Act 1974 (the Act) established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT.

 

The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

 

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

The general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence. We understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

 

We note your concerns that in the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed.

 

I have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

I note that you have contacted your Trading Standards and Consumer Direct. Should you require further specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser.

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or www.financial-ombudsman.org.uk.

 

Thank you again for writing to us and bringing this matter to our attention.

So everyone with experience with this company must send a complaint to OFT in order for them to investigate.

Mrsfoot

[Pinky69]

The OFT don't deal with individual complaints but what they do is add them to their files and take action when they have enough evidence. You are right that they should be informed every time any DCA steps out of line.

[Mrs_Ryan]

I complained to the OFT about 1st Credit as well... you're not alone Mrs F!

[alfwithhair]

Yes and me, recieved the same reply from OFT. But never heard a thing from 1st crud since though

[veryweary]

Me too,

[veryweary]

Me too.

[miss muppet]

Me too, but still dealing with SD on behalf of daughter, 2nd hearing end of August!

[Dorabell]

me too in the hands of FOS just waiting for there reply:)

[babybear39]

I complained about them to the OFT and Trading Standards...

[mrsfoot]

I was unable to go to FOS with my complaint because they didnt have jurisdiction over 1st Credit at the time of the original incident.....very frustrating but if we can gt enough complaints in to OFT then with luck they will investigate their actions.

[Mrs_Ryan]

me too in the hands of FOS just waiting for there reply:)

 

I hope you get a better response than me... they just sided with 1st Credit in my case - saying that I owe the debt I should stop trying to get o ut of paying it!!!

[surprise]

I've also reported 1st Credit to OFT. With regard to the FOS and the lack of a CCA it is a waste of time reporting them to the FOS. I had the same problem with CapOne and, as the previous poster said, their view is "you owe it so pay it". They will help with mediating and help with claiming charges back but if you are complaining about the lack of an enforceable agreement then they won't get involved and tell you you can take it to Court. As I didn't agree with the Adjudicator I went one step further to the Ombudsman and he agreed with the Adjudicator.

[2Grumpy]

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

 

Good to know:)

[mrsfoot]

I am glad you have noticed 2Grumpy. Many people are making the mistake of insisting on a signed copy but as it clearly states from OFT this is not the case.

 

FOS and CAG do not encourage anyone to "get out of paying a debt" which clearly belongs to the person. What we ask is that the correct proceudres are followed and that as a consumer you are given the chance to clear the debt in a way which is fair.

 

Lets be honest most people know if they had a credit card / credit agreement and not paid it all. So when a DCA calls you understand it is your debt. The initial idea of sending for the agreement under a CCA request was to find the exact amount owed and to ensure the DCA / creditor had not added £s onto the debt unlawfully. We do not encourage you to send for info under CCA to get out of paying the debt which you know is yours.

 

It is the meaning of this thread to encourage consumers to make an official complaint if and when you have been unfairly treated by 1st Credit. It is not for this thread to decide what is fair and unfair but rather to give information to the reader to make an informed decision on whether or not a complaint should be made to OFT.

 

Hope this helps

[2Grumpy]

And banks can't do a reconstructed CCA without having the original - or a copy of it

[cymruambyth]

I've coplained to FOS re 1stC....

"I am sorry to dissapoint you but there are some limitstions to our powers......we do not have a general policing function with regard to banks"

They have failed to address my query as to whether 1stC legitimately used B/card logos on they letters and totally ignored my comments on their phone calls being intimidating and threatening as wel as the fact that my CCA had not been supplied.

I am now off to read their complaints leaflet to see if I have any come back.

[howmuchdebt]

hello everyone its been a while since i posted on this forum,I am still having lots of problems with 1st credit and i would like to know how you all got them off your backs,because they just will not go away,we have reported them to OFT.and nothing,they even told us that dca have every right to phone us for the money we owe them,its very frustrating are we just a bad apple or something?

sorry for butting in on your thread also,i am in a desparate situation at the moment with this company i would like to share if your willing to listen,

[PSB123]

IMHO I think the likes of 1st Credit have TS, FOS and OFT in their pockets. Their directors are big boys in the City of London and are probably extremely friendly with MP's and others who matter in the financial and business world. They will forever get away with blue murder.

[Pinky69]

I have the BT Choose to Refuse service for unwanted calls and as a last resort you could change your number ad go ex-directory. If they are pursuing you for a debt with no agreement then just ignore them and let them huff and puff by letter. Sometimes you have to go to the wire and go to court to get them off your back.