Outstanding Debt

[toffee101]

Id been paying 1st Cred a token gesture for years as they bullied me into making payments even though they failed to respond to a CCA request.

 

I forgot all about it until recently when i changed banks and didnt update my new bank with the standing order

- This didnt slip by 1st Cred and they promptly sent me a letter stating that if i dont pay nearly 500pcm for the next 6 months to pay off the debt

they will issue a Stat Demand via Connaught - this I can not afford.

 

Their letter states that the debt was from 2004, so i sentt hem a CCA request (actions without thinking first).

 

I dont for a minute believe that they will have any credit agreement,

but where do I stand with having made payments for years

and what use will my CCA request have for such an old debt ?

 

thanks G

[dx100uk]

oh dear

 

sounds like they've been cash cowing you on a debt you don't need to pay.

 

those that shout the loudest are usually the ones

that have cash cowed you.

 

that CCa will be very interesting!!

 

can you get you cra file please

 

and CHECK ALL your debts SHOW

 

can we have a bit more back ground on this one please too

 

dx

[BRIGADIER2JCS]

Does this show on your credit reference files?

A bit late for an SD so many years after the cause of action i.e the default.

[dpick]

Another example of SD/bankruptcy being used as a debt collection tool

 

dpick

[toffee101]

yes, it shows on my credit file....... crafty, rather than the default coming off they reinstated with Arranged to Pay on equifax nothing on experian

 

where do i stand as i have paid for all of those years - can I claim it back lol.

 

It was for a joint Associates loan in 02, defaulted in 04.

Edited May 17, 2013 by toffee101

[BRIGADIER2JCS]

Ok so there was a default showing and it was replaced with AP Markers, well I have seen this before and have on behalf of others spoken to the ICO, this they say is unfair as the AP will continue after the 6 year life of the default, putting anyone in this situation at a disadvantage as compared to someone who has made no effort to repay their debts.

I can draft a letter for you about this if you want?

[toffee101]

that would be great if you can draft me a letter.

 

thanks G

[BRIGADIER2JCS]

that would be great if you can draft me a letter.

 

thanks G

Ok will post it here later today.

[toffee101]

thanks

[BRIGADIER2JCS]

Id been paying 1st Cred a token gesture for years as they bullied me into making payments even though they failed to respond to a CCA request.

 

I forgot all about it until recently when i changed banks and didnt update my new bank with the standing order

- This didnt slip by 1st Cred and they promptly sent me a letter stating that if i dont pay nearly 500pcm for the next 6 months to pay off the debt

they will issue a Stat Demand via Connaught - this I can not afford.

 

Their letter states that the debt was from 2004, so i sentt hem a CCA request (actions without thinking first).

 

I dont for a minute believe that they will have any credit agreement,

but where do I stand with having made payments for years

and what use will my CCA request have for such an old debt ?

 

thanks G

 

ok.

 

Private & Confidential

FAO The Director of Compliance

1st Credit Ltd

The Omnibus Building

Lesbourne Road

Reigate

Surrey.

 

Date xx xx xxxx

 

Sir/Madam,

 

I refer to a letter from 1st Credit Ltd dated xx xx xxxx regarding a debt for £xxx .xx for which I have been paying £1.00 pcm. which I was bullied into making some considerable time ago, the letter signed by xxxxxxxxx on behalf of the company states that I must now pay £500 per calendar month for the next 6 months or Connaught Collections will issue a Statutory Demand for Payment.

 

A number of matters come to mind in regard to this now alleged debt and 1st Credit are required to explain the following:

 

1. I had made a request under sections 77/78 of the CCA 1974 with which 1st Credit did NOT comply yet bullied me into making payment, when the account should have been put 'on hold' until a compliant agreement was supplied, NO such agreement has ever been produced!

2.The threat made in the letter dated xx xx xxxx regarding the issue of a Statutory Demand is a blatant misuse of the process leading up to a petition for bankruptcy as such a petition necessitating court action is possible given the statement from the Limitations Act 1980 is as follows;

 

Time Limits.

''An action founded tort SHALL NOT BE BROUGHT AFTER THE EXPIRATION OF 6 YEARS FROM THE DATE WHEN THE CAUSE OF ACTION OCCURED' obviously 1st Credit is deliberately abusing this process as a means of debt collection and intimidation as the account was defaulted (the cause of action) was more than 6 years go.

No doubt 1st Credit is also aware that its action here breaches a number of sections of the OFT Guidance on Debt collection 2003 as amended November 2012, so I will not bother to list them as the company should be well aware of them.

 

As 1st Credit failed to comply with my earlier CCA Request this account is Formally in Dispute until a compliant agreement is provided and due to the age of this account a ''reconstituted'' agreement is NOT acceptable under any circumstances.

 

I will be reporting the misuse of the bankruptcy process to the OFT with a comment on the fitness of 1st Credit to hold a Consumer Credit Licence and I shall copy the letter to the Insolvency Service which needs to be aware of such conduct.

 

For clarification all payments will now cease 1st Credit will place the account on hold until such time a fully compliant agreement it available.

 

Send by recorded signed for delivery and check its delivery.

[toffee101]

Thanks.......

 

I havent sent this yet as I still am awaiting a response from the CCA request that I sent them (and has been signed for on the 17th May).

 

Not sure why but they havent even acknowledged the CCA request with a standard response letter.

 

ok.

 

Private & Confidential

FAO The Director of Compliance

1st Credit Ltd

The Omnibus Building

Lesbourne Road

Reigate

Surrey.

 

Date xx xx xxxx

 

Sir/Madam,

 

I refer to a letter from 1st Credit Ltd dated xx xx xxxx regarding a debt for £xxx .xx for which I have been paying £1.00 pcm. which I was bullied into making some considerable time ago, the letter signed by xxxxxxxxx on behalf of the company states that I must now pay £500 per calendar month for the next 6 months or Connaught Collections will issue a Statutory Demand for Payment.

 

A number of matters come to mind in regard to this now alleged debt and 1st Credit are required to explain the following:

 

1. I had made a request under sections 77/78 of the CCA 1974 with which 1st Credit did NOT comply yet bullied me into making payment, when the account should have been put 'on hold' until a compliant agreement was supplied, NO such agreement has ever been produced!

2.The threat made in the letter dated xx xx xxxx regarding the issue of a Statutory Demand is a blatant misuse of the process leading up to a petition for bankruptcy as such a petition necessitating court action is possible given the statement from the Limitations Act 1980 is as follows;

 

Time Limits.

''An action founded tort SHALL NOT BE BROUGHT AFTER THE EXPIRATION OF 6 YEARS FROM THE DATE WHEN THE CAUSE OF ACTION OCCURED' obviously 1st Credit is deliberately abusing this process as a means of debt collection and intimidation as the account was defaulted (the cause of action) was more than 6 years go.

No doubt 1st Credit is also aware that its action here breaches a number of sections of the OFT Guidance on Debt collection 2003 as amended November 2012, so I will not bother to list them as the company should be well aware of them.

 

As 1st Credit failed to comply with my earlier CCA Request this account is Formally in Dispute until a compliant agreement is provided and due to the age of this account a ''reconstituted'' agreement is NOT acceptable under any circumstances.

 

I will be reporting the misuse of the bankruptcy process to the OFT with a comment on the fitness of 1st Credit to hold a Consumer Credit Licence and I shall copy the letter to the Insolvency Service which needs to be aware of such conduct.

 

For clarification all payments will now cease 1st Credit will place the account on hold until such time a fully compliant agreement it available.

 

Send by recorded signed for delivery and check its delivery.

[BRIGADIER2JCS]

12+2 Working days is the time scale for them to comply with the CCA request, so I would get that letter off now!