1st credit SD for Citi card husbands

[liz01]

ANY HELP AVAILABLE PLEASE REPLY ASAP Hello, i am new to this forum, but have read the many comments from consumers and have gained lots of information, especially regarding 1st credit and the nco group,, can anyone help please, 1st credit are chasing my husband for a citi card debt of £995.00, i have sent several letters all by recorded delivery and all we constantly get back is the standard letter to phone us etc, have told them on every letter than we have incoming call only to help savce money and therefore cannot ring them, they ignore every request, now they have sent a statutory demand saying they will make him bankrupt in 21 days. what i would like to know is has anyone else had this demand and if so have they actually gone ahead with the file for bankruptcy??? i have constantly asked them for their bank details so i can start to make some sort of payment to them but they have still not given it to me, we have nowhere to pay anything to them, any advice most welcome.

 

 

Also same sort of thing from the NCO group capital one debt of approx £1200, ignore my letters and say they are going to take action, what else can we do to get them to accept a repayment plan??

we have about 20 creditors and have got everyone else to accept between £3 and £5 per month with no problems they have all been brilliant but not these two companies, am so worried they will make us bankrupt.

thanks look forward to your replies liz

Edited September 16, 2008 by liz01
EXTRA ADDED

[42man]

OK...firstly welcome Liz....relax, you are amongst others who are/have been in similar situations...

 

You do need to get the statutory demand set aside as 1st Credit have been known to carry out their threats.....

 

Please have a read here....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

and here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156970-omg-connaught-first-credit.html

 

My first advice would be to send CCA requests to the Debt Collection Agencies that are pursuing you....

 

Have a read here....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160194-i-need-assistance-like.html

 

In order to get this demand set aside you need to dispute the debt.....

 

Are there any disputed charges on the account ?

 

Have there been any periods of 6 years where you have NOT made any payments (i.e. could the debts be statute barred ?)

 

Have a read through the threads above....

 

Any questions just add to the thread....

[reallymadwoman]

bump

[Orion63]

You should read the forums regarding CCA letters as they have to firstly provide proof of ownership of the debt by issuing you with copies of the agreement a statement of any monies paid on the account and a true copy of the deed of assignment from their client citi cards - they have time limits to do this before the debt becomes unenforceable - i'm sure i'm correct but read the forums regarding this first. It's what i have done with them, but they now just phone and hurl abuse at me.

[ODC]

ANY HELP AVAILABLE PLEASE REPLY ASAP Hello, i am new to this forum, but have read the many comments from consumers and have gained lots of information, especially regarding 1st credit and the nco group,, can anyone help please, 1st credit are chasing my husband for a citi card debt of £995.00, i have sent several letters all by recorded delivery and all we constantly get back is the standard letter to phone us etc, have told them on every letter than we have incoming call only to help savce money and therefore cannot ring them, they ignore every request, now they have sent a statutory demand saying they will make him bankrupt in 21 days. what i would like to know is has anyone else had this demand and if so have they actually gone ahead with the file for bankruptcy??? i have constantly asked them for their bank details so i can start to make some sort of payment to them but they have still not given it to me, we have nowhere to pay anything to them, any advice most welcome.

 

 

Also same sort of thing from the NCO group capital one debt of approx £1200, ignore my letters and say they are going to take action, what else can we do to get them to accept a repayment plan??

we have about 20 creditors and have got everyone else to accept between £3 and £5 per month with no problems they have all been brilliant but not these two companies, am so worried they will make us bankrupt.

thanks look forward to your replies liz

 

 

This is a new tactic employed by Worst Credit and their paramilitary wing CONnaught. Its is usually sent as a scare tactic but nonetheless needs to be set aside. You must also send them a CCA request to see if they can actually prove a debt exists and they have a legal right to collect it.

 

There are several threads on here about Worst Credit/Connanaughts and their wrongful use of SDs. Everyone who has received one has managed to get it set aside and in most cases claimed substantial costs off them.

 

Have a look

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

You will get plenty of help here to wipe the floor with these clowns

[lookinforinfo]

Liz, you say that you have sent them letters. Have you kept copies and sent them by recorded delivery? Did any of the letters include a CCA request? If you haven't, then go here and copy the necessary templat eletter

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html letter N is the letter you want. Enclose a £1 postal order, do not sign the letter, keep a copy and send it by recorded delivery.

 

They have 12 working days [ie no weekends or bank holidays included] plus two days to allow for postage in which to respond and send you a copy of the executed agreement you signed at the start of the loan plus the Terms and Conditions that were in force when you took out the loan along with and other documents mentioned in the T & Cs [default notices etc] and a statement of amounts paid off the loan; payments missed; amounts outstanding.

 

If they fail to provide all that data, they are not allowed by Law to pursue you for the debt [though they routinely ignore that point] nor are they allowed to charge interest on the loan until such time as they retrieve all the required documents and send them to you. Until they do so, the debt is unenforceable-not even the Courts can make you pay.

[liz01]

Hello has anyone got an upto date address for me so send sar to citicards and capitalone please, the ones i have are not correct, any help today please if possible thanks

[twofoot]

I think you've got confused.com on the brain. Don't bother with SAR at this stage just send the CCA request to NCO as it says above. One for each debt. They are the ones chasing so they get the CCA. The SAR goes to the OC but not at this stage. You need to know if they can legally collect from you before going for charges etc.

[liz01]

last year we had a stat demand from 1st credit for an account we had with citi cards,( £959) with your help we won and had this set aside, (think this was in June last year) today we have received a statement from 1st credit offering 30% in full and final settlement ( we have not paid any money to them since the set aside and this is the first we have heard from them since then) what do we do?? cant afford the offer anyway, but now they have made contact again do we try to agree a repayment plan? scared to ignore just in case they cause problems again, any help most appreciated please. liz

[PGH7447]

ignore it, they are sending these offers out like confetti at the moment, I go 2 last week:D

[babybear39]

Was/is your account in default of the CCA request or in dispute some other way?

[liz01]

ignore it, they are sending these offers out like confetti at the moment, I go 2 last week:D

hi, even though it has been set aside, can they still chase us for money? we cca them last year but never got anything back from them.

[babybear39]

No CCA = no enforceable account. It's still in serious dispute and you should report them to TS and the OFT for trying to collect on an account in serious dispute and also for breaching the OFT guidlines and the CPUTR 2008!

[babybear39]

Out of interest, what were the set aside grounds?

[liz01]

Out of interest, what were the set aside grounds?

it was over a year ago so will quickly dig out my folder and have a look. memory not what it was lol !!

[liz01]

Out of interest, what were the set aside grounds?

hi sorry for delay, had to find the file! the set aside grounds were that we were in dispute due to no cca and they were reported to the finance ombudsman etc, the judge ordered that it be set aside under cpr 23.9 as the court has disposed of the application without a hearing and without service. Do we ignore 1st credit and still not pay them anything? thanks for you help.

[PGH7447]

yep

[babybear39]

Report them to TS, the OFT and the ICO for trying to collect on an alleged account indispute.

[means2anend]

Hi all..Means2anend here

 

The HIGH COURT on Oct 28th 2009 has just found in favour of THE ROYAL BANK OF SCOTLAND.Phillip Maguffick brought a case under section 61 and 127 to have £17,000 written off.Mr Justice Flauxton found for RBS EVEN THOUGH RBS COULD NOT FIND THE ORIGINAL COPY OF CCA.

 

In my opinion he brought this case under the WRONG PROVISIONS.He ought to have brought them under section 77 subsection 1 and subsection 4 paras (a) and (b).This is the accurate section that deals with the DUTY of supplying a copy of the original agreement.It is obvious that this was not the law in issue.

 

BIG MISTAKE

IT PAYS TO READ AND KNOW YOUR STUFF BUT TO APPLY THE RIGHT PROVISION AT THE RIGHT TIME PARTICULAR TO YOUR SCENARIO.

Rgds

Means2anend:o