OC debt sold on to DCA now threatening court - advice please

[Cornwally]

Hi, New here. Worried I'm unemployed and don't have a way out.

 

1st Credit claim to be the legal owner of a Bank of Scotland debt (mine,

allegedly

). It's 'years' old but under six years. They're making noises about taking me to court. I don't have the ability to pay them, so engaging with them seems a bit pointless.

 

Do I respond to them and keep them talking (knowing that I can't pay), or do I ignore them and wait for them to bankrupt me? (Not all that keen on bankruptcy).

 

 

[PGH7447]

Hi and welcome, need a bit more info first, ie what is the alledged debt, credit card? Loan? bank account? overdraft?, also when exactly was the last payment made

 

Bankruptcy is a long way off, and dca's like to threaten hell and damnation in the hope of a panic reaction

 

golden tip do not phone them at all

[Cornwally]

Hi PGH7447,

 

Thanks for your reply. It's a credit card. I'm being a little vague about the details just in case DCA's read the messages on this forum. It would have been defaulted a few years back. Following that there would have been small (below the minimum) monthly payments to the OC for a year or two before those stopped too. I've done everything that I can, but things are still going in the wrong direction and I can't see light at the end of the tunnel.

[scott12345]

hi cornwalluy..

firstly and most importantly dont woorry and feel these guys are your masters,,

i had a a/c sold to first few yrs ago,,,i sent income/ex acounts to them and offered to pay token payment,,few pound....they accepted,,,,

if you can only aford 1 pound then they have to accept it,,

dont forget these guys are a bussness,,they dont want you bancrupt,,yes theyll try allways to get more than you can aford but you set the figure,,ure in charge,,,

theyve prob bought your a/c for pennies in the pound,,,and all they want is a profit.tell em straight what you can aford and youll be fine

[citizenB]

At what point did they start to make "legal threats".

 

You should have received an introductory letter and a Notice of Assignment. They should have invited you to come to an arrangement with them.

 

If this is not the case and they have simply launched into legal threats then this is almost certainly harrassment.

 

What type of account is this (is it a preference account) ? Is there any PPI or Default charges that you could probably reclaim ?

[Cornwally]

Thanks for your replies.

 

Scott12345 - thanks for your info and support. I'll keep that in mind.

 

CitizenB - yes, first they sent an introductory letter and then followed that up with the legal action threat a week later. Don't think it's a preference account, and I'm pretty sure I didn't take out PPI (as I saw that for what it was).

[citizenB]

are you able to scan in and post the letter up for us to have a look at, suitably redacted of course.

 

If so, follow the instructions below. We really need to see exactly how they are threatening litigation.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[Cornwally]

Hi citizen8, I realise that it’s not ideal, however IF I can avoid posting the letter here as described in your instructions I would prefer that, because including the figures and dates will allow 1st Credit staff to identify me.

The text refers to solicitors serving a statutory demand, then goes on to state that I’ll have 21 days from the day that it’s served to respond. If I don’t, a bankruptcy petition may be issued.

If you take the ‘may’ into account, it looks like it could be scare tactics to force a response from me, however as I don’t have anything to offer them, surely they will simply proceed to court?

[scott12345]

could you offer 1 pound token cornwally,if so send the offer with an income and expenditure,,that way they see you have nothing spare over the offer u send,,,plus that way they will not pursuse bancrucy,,

as i stated b4 these guys look at you purely as money n bussness,,,,nothinf personal to any1,,just money,,,,they wont spend money forcing you into court to bancrupt you if they can see theres nothing to get,,

again my own dealings,i left them hanging 4 ages b4 sending in/ex,,paid them nothing and was hounded constantly,,as soon as i made a token offer they accepted,,,later date i offered a low full and final and they accepted,,now im free,,,,10200 cleared @:22%,,,,

now thats my approach,,some guys would rather pay nothing and go completely through law process,,,your choice,,the guys who go that way are indeed very well verced in law est and will help you,,there amazingly helpful on here,,but if you do go the pay nothing route,you have got to be prepared to be dogged by these guys sadly,,,,,

hope it helps you a little

[citizenB]

cornwally, it is almost certain a letter that is full of implication and ambiguity. Although if I have "miagined" the content incorrectly they please be aware that this company do indeed issue statutory demands and with the lack of regulatory control, even if they have issued incorrectly will continue to do so.

 

So - if you believe they "might" issue a claim or SD you need to be ready. Is there a reason that you can get a SD set aside ? Or a claim dismissed ?

 

Information can be obtained by sending a Subject Access request to the original creditor. You definitely want to get your hands on statements and communication log (diary of events).

 

Please note there have been changes to the rules on charging orders - assuming you own your own home.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?354089-Payment-by-instalments-making-and-enforcing-charging-orders-changes%2814-Viewing%29-nbsp

 

So if they do take you to court and you lose the new rules will apply as from October 1st this year - read link above.

[scott12345]

morning corn..

have you actually contacted them with an offer.

as i said earlier i recieved all sorts of letter trreats cos i wouldnt talk,,,,once i started to negotiate they were fine,,took toke payments,,then once i could offer a low f/f they accepted it(not so straight away ,though,,)but found then fine,,once id bitten bullet and started negotiation,,

dont be bullied,,but dont frae them and hide,,,there paid people ,,not so scary once they know what position is,,,and if they can arrange a way with you,,to get the stake back(what they bought it from credit for))plus a little proft theyll work.....

thats just my personal take on it,,im sure some will disagee and mayb rightly so,,,but thats how i approached it,,,,and worked for me,,

good luck

[Cornwally]

scott12345 - Thanks. I really appreciate the info that you've provided. It's useful to hear of something that you did and that worked out well for you, without having to go to court. Unfortunately I don't have access to 20% of the total, so I'm not going to be able to pull that off. Useful to know all the same.

 

citizen8 - Not so sure that I'll be able to get the case dismissed or set aside, my circumstances changed and I just don't have the money. I better start doing my homework (try to understand the new rules and what they mean to me), as I don't have much in the way of alternatives. I'll give it some thought over the weekend and defo do something before the end of next week.

 

Thanks very much to both of you.

[scott12345]

hi corn,,,,

think you misunderstand me,,when i said have you offered anything,,didnt mean a full and final i ment an offer you could afford,,,ie 1pound if thats all,,,as long as you send them a income and ex sheet showing what you can afford,id be very surprised if they wouldnt take it,,

i personally in end spoke on phone and just explained what i could aford and must admit they were very obiging,,told then i wwould make token payments ,

the thing is corn you have to decide weither you want to work with a dca or fight them,,,im my case i accepted that it was my debt,,because it was,,id had the funds less int of course,,,so i just wanted to settle n be free,,,,,,now if you feel it isnt your debt then ofcourse pay nothing,,but if your sure it is the 2 options are in play,,,,

1,,,,accept it and try best to negotiate,,

2,,,,go down cca route in hope its lost or wrongly worded....

the second youll get far better advise from some very clever guys on here,,,but personally i felt,,with ddcs now able to ,,reconstruct,, agreements and that some courts i read accepting this in court est,,,i feel mayb its better to try deal with rather than fight,,

but as i say your call

[babydoll0141917]

Correct me if im wrong but if CCAs are before 2006/07 I think that the original would have to be shown

[scott12345]

i think your correct babydoll but like i said im not expert,,,,some very knowleable guys will respond though im sure who knows exact law,,,

i was just debating weither like me you go down f./f route in hope eventualy you can secuse some funds to offer low %,,or fight the cca law to completely win and be free odf debt for nothing,,,but if lose risk all going against you,,,,

of course if your paperwork is faulty and they know you know it is,,,,far strenghens your hand for a low f/f,,,,if you want to settle ofcourse..

[Bandit127]

1st Credit just bought a load of HBOS debts that are nearing or have passed statute barred. Their "hello" letter for these seems to be one "threatening" bankruptcy. It is full of ifs, buts and maybes and means nothing except "hello".

 

However, they have been censured by the OFT before for frivolously issuing SDs. It seems that a bankruptcy petition is much harder to set aside if the SD has not been defended.

 

A real SD has no ifs, buts or maybes. It also has a second page full of info about how to deal with it - and it will have been served in person by someone at your door (or attempts made and notes left). If you have had one of these (and do not want to go bankrupt) you must deal with it.

 

If I can find an example of each later I will post them up.

 

Edit..

An example of a real Statutory Demand thanks to Mr Bear 79.

http://www.consumeractiongroup.co.uk/forum/showthread.php?153929-Statutory-Demand-Connaught-Collections&p=1643422&viewfull=1#post1643422

Note the text at the top.

 

Can't find a copy of the threat-o-gram but it starts like this (courtesy of anto28 on MSE).

Dear mr `my name`

we are unaware of any legally valid reason for non-payment of the above debt or of a reasonable offer being made. we are therefore considering wether we should issue a statutory demand under the insolvency act 1986 (bankruptcy),

<...>

Edited August 31, 2012 by Bandit127

[babydoll0141917]

I still have 16 mths before mine is SB..no SD yet.

Edited August 31, 2012 by babydoll0141917

[Happyhippy1959]

Any agreement before 2007 will need the original CCA with your signature to proceed to court. Any after can be taken with a reconstructed agreement. Our dodgy MP's have moved the goal posts for there friends in the financial sector.