1st Credit / LCS

[blipvert]

Hello all, a newbie here (my first post).

 

I have had a DMP with the CCCS for just under a year and everything was just fine. However one of my card debts has now been 'assigned' to 1st Credit. They rang me and their telephone manner varied between shocking and OK. IMHO they'd get better results if they tried being nice but anyway...

 

They are insisting I pay the full balance (circa 5k) rather than what the CCCS are offering (they say thats too low), when I asked what would be acceptable they wouldn't give a figure because: As i'm a 'homeowner' (buts its mortgaged) they're 'taking that route' whatever that is, almost as if a monthly payment to them is not an option. Apparently my case is 'short listed' for legal action. I do want to sort my affairs out but they seem incredibly unhelpful. Can anyone suggest what the best tack is to (eg) ensure they at least comply with the banking code (which I assume they have 'signed upto' and will listen to my circumstances in a sympathetic and constructive manner or am I being naive.

 

TIA

mozzat6

[miaow99]

I have just had a similar experience with these jokers.

 

1. Don't deal with them (or any DCA) on the phone. If they call, refuse to answer their security questions. Only deal with them in writing.

2. Immediately send them a request for your copy of your Consumer Credit Agreement. Letter N, here

Send it by recorded delivery. DO NOT SIGN IT. Use a handwriting font, for your signature. Include a £1 postal order, (or a cheque from somebody else) It's important no DCAs ever get a copy of your signature. I'm sure that none of them would ever stoop so low as to get handy with photoshop, but you wouldn't want to tempt them.

 

2. Wait for 14 working days after posting. They are now in default of your request, if they haven't supplied a valid CCA, and you can stop paying them if you wish.

 

3. If they do send you something back, post it up here so people can check its validity

 

CCA issues aside, a court is likely to take a pretty dim view of them refusing a reasonable offer of payment from you (such as that brokered by CCCS). Make sure you keep all correspondence.

 

I'd advise sending CCA requests to all your creditors. It was a 1st credit threat which prompted me to get started, and I'm glad I did now. I have only received one valid response so far. No valid CCA = agreement not enforceable in court. This really gives you a stronger hand to negotiate with if you with to get a full and final settlement with them.

[palomino]

Debt collection agencies are generally pretty unhelpful. they have a reputation here for aggressive and abusive calls where they lie and bully you into paying more than you can afford.

 

If you're paying through a DMP with CCCS then CCCs need to be involved. If you means haven't changed then there isn't much that 1st Credit can do - they're being repaid on schedule.

 

The 'that route' implies obtaining a charging order on your property. For that they have to obtain a CCJ and then a Charging Order in the County Court. Given you history and circumstances they are extremely unlikely to go this route as the fact that you are making payments through CCCS will count heavily in your favour - and you may end paying less to 1st Credit than they are getting at the moment.

 

Forget trying to listen in a "sympathetic and constructive manner" - they don't know what that means.

 

The first rule of dealing with DCAs such as 1st Credit who make these types of phone calls is to insist on writing only. Always just hangup if they call, although they will try all the tricks they know of to engage you conversation.

 

One aspect you should follow up on is whether they can produce a copy of your credit agreement. They are obliged to do this under the provisions of the Consumer Credit Act 1974, together with a current statement of account. If you make a formal request then you need to enclose a fee of £1. Don't sign your letter (just print your name) and send it recorded delivery.

They have 12 days to produce this agreement (plus a day's delivery by post at each end). If they don't produce it then they in default and you should write to them saying that the account is in dispute and that payments will be suspended until a copy arrives.

If they do produce a copy then you need to check it is compliant and properly executed. Check out this thread for the full details - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html .

Again if the agreement isn't compliant then write them a similar letter as above but saying the in your view it isn't compliant because .

 

Good luck!

[Guest forgottenone]

Yes, get CCCS involved ... if you are on a DMP, then you've also given them third party rights to act on your behalf, deal with each creditor.

 

And do what the others on this thread suggested.

 

'Nice ...' I think hell will freeze over before that day occurs with this industry.

[blipvert]

Thank you for the replies, they are uplifting and very informative. I did ring the CCCS today to suggest they ring 1st Credit but they didn't seem keen at all and I didn't pressurise them into doing so.

[blipvert]

I am in receipt of a 7 day Threato-gram from LCS, despite they having failed to supply a CCA. Its over 12+2+30 by now. Whats the recommended payload to return

[42man]

EDIT this one...!!

 

Dear Sirs

 

I refer to your letter of XXXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by HSBC under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first if I were you !!!)

[pt2537]

LCS are part of First crud

 

they are their inhouse solicitors

 

im sure i have a letter somewhere that ive used to help people get rid of them

[pt2537]

Dear Sir / madam

 

I write further to correspondence from your solicitors LCS dated xx/xx/2008

 

In the letter, your solicitors make clear reference to bringing legal action against me on your behalf for a debt, which they claim, has been assigned to your company by XXXXX CREDITOR

 

Since you appear to be taking an aggressive stance with this matter and despite a reasonable request for you to substantiate your claims, for the avoidance of doubt a request was made to your company pursuant to the Consumer Credit Act 1974 for a copy of the executed agreement upon which your claim for monies is founded and to date no documents have been forth coming from your company

 

Therefore take notice,

 

It is my intention to bring an action against your company pursuant to Section 142(1)(b) of the Consumer Credit Act 1974. I am of the belief that the document upon which your claims are based does not comply with the requirements of the Consumer Credit Act 1974. However your refusal or failure to supply me this information is causing me some problems, so I ask that you provide me a copy of the credit agreement which you are basing your claims so that I can have the document looked over by my legal advisors, if you refuse my request, I shall be forced to make an application for pre-action disclosure in my local County Court as it will be my contention that I have a claim against your company with a genuine prospect of success and disclosure is required to provide me the documentary evidence that I need to bring this action and which I am legally entitled to as well

 

 

Therefore I require a copy of the credit agreement, this will need to be the signed copy as this is now subject of litigation and as you will be aware S127 (3) of the Consumer Credit Act 1974 makes clear that a signed document containing the prescribed terms is a precursor to enforcement. I also require that you provide me with the notice of assignment which confirms your rights to make demands for monies against me and finally I require that you provide e evidence of the service of the default notice required by s87 (1) of the Consumer Credit Act 1974. Finally I reserve the right to ask the court to order production of the Deed of Assignment should it be considered necessary, I do not expect you to supply this until order to by the court

 

I require these documents to be supplied within 7 days from receipt of this letter, if you do not comply or fail to indicate a time frame for compliance along with a blanket withdrawal of the threats from your solicitors I will make an application before the court for disclosure as previously outlined, I shall also include a request for costs as a result of the application and shall reserve the right to produce this letter to show that I have made attempts to obtain the information and shall ask the court to consider this when the issue of cost falls due

 

I look forward to your compliance with my request

 

 

Regards

 

 

xxxxxxxxxxxxxxxx

 

 

 

 

 

Should do the trick with LCS, got rid of them before;)

[42man]

Excellent PT...thank you....must BM that one...!!!

[pt2537]

Your'e welcome mate,

 

been put to goood use a couple of times so if it helps then thats good, drafted it in direct response to the LCS threat-o-gram despite a cca request being lodged

 

im not sure how useful it will be for otehr companies but i guess it could be modded to suit

[alfwithhair]

very nice letter paul. will put that in the vault