1st Credit Ltd is this allowed

[Magnum]

Hi All

 

Haven't been on for a while everything is getting me down. I need some advice with a problem that I am having with 1st Credit Ltd.

Approximately 18 years ago I took out a loan and also had two credit cards with TSB. Due to circumstances beyond my control I was unable to keep up the agreed payments. TSB eventually transferred the debt to BLS collections who I made arrangements with I was slowly repaying these debts and paid off both credit cards BLS then approached me 3+ years ago advising that my repayment was not enough and they wanted almost 4 times the amount I was repaying. I advised them that I could not afford the repayments as my husband became seriously ill just prior to this and was unable to work they continued to harrass me and became very rude over the telephone. Eventually I sent them a request for documentation following advice on this site re:transfer of debt and agreement I received nothing and heard no more. I was unable to continue the repayments as my husband has not been able to go back to work since his illness and is still in recovery.

I have now started to receive threatening letters from 1st Credit Ltd advising that unless the debt is repaid in full within 14 days they will issue proceedings in the County Court against me. I am struggling as it is and would really appreciate soem advice on this. Thank you

[Jamesx81x]

Hi

 

Send them a CCA request and enclose a £1 postal order which is the standard payment.

 

If they fail to comply with this they will be in default and will not legally be allowed to chase you. Even if they tried to take you to court they would have to provide the agreement to the courts.

 

Also you could SAR them which will cost you £10. They are legally bound to send you all information they hold on you within 40 days. In that information there should be a notice of assignment which is the Original Creditor giving 1st Credit the authority to act. Without this they should not hold any information on you and you can complain using the Data Protection Act.

 

Never talk to them on the phone as they are a bunch of idiots who i am surprised have the intelligence to dial a number. Request all communication be made in writing.

 

Hope this helps and if you need anymore info feel free to ask.

[rory32]

Eventually I sent them a request for documentation following advice on this site re:transfer of debt and agreement

Do you mean that you sent a CCA request to BLS? If that's the case you don't need to send another one to 1st Credit. Just send them the following via recorded delivery

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

As always with letters to DCA's do not sign the letter.

[Magnum]

Hi

 

Thank you for your responses. Yes I previously sent BLS a CCA and if I can remember correctly transfer of debt information (over a year ago now). I had no further contact with them after this until communications started arriving from 1st Credit about a month ago at our new address.

I am going to try and locate the copies of information sent so I can get the dates right and send them the letter you have detailed. Thanks again.

[twofoot]

Your debt goes back that far it is unlikely that they can produce anything more than an illegible microcopy of something. Don't worry yourself about it just sit back with a big grin and reel them in, then you can spit them out and tell them to bring it on. You are onto a winner.