BOS [+live in Scotland] Debt Purchased by 1St Credit

[daviscup]

Hi,

I would really like some assistance with how to tackle a debt that has been pretty much dormant since 2008.

 

The debt of just over £2500 has been purchased by 1st credit & they are chasing for payment.

 

The last time I acknowledged the debt was n Oct 2008 as I claimed back the PPI which was offset against my arrears.

 

As I live in Scotland so the statute barred time is 5 years so I have a few months to try stall.

 

I have already received the credit agreement which looks to be all good with my signature & the terms on back.

Also they sent statements of the payments made on debt including the returned PPI.

 

Is there anything else I should be trying as I genuinely can't pay,

 

im up to my eyes in debt & hardly have enough to get me to work at end of month.

 

Luckily I have no assets so nothing can be taken from me.

 

Any advise would be appreciated.

[BRIGADIER2JCS]

1. do not be tempted to contact 1st Credit by phone.

When was the account defaulted?

[daviscup]

Thanks for the reply,

 

the last payment I made was in Oct/2007 this was for £40 as a reduced payment agreed with HBOS.

 

After that no more payment from me just the returned PPI in Sept 2008.

 

I hope that's what you asked for,

 

I have been sent pdf's of my statements but can't make heads or tail of some of the transactions. Im not very good at this:-(

[BRIGADIER2JCS]

If you want to scan and post up copies of the statements after removing all account numbers and personal identifiers we may be able to help with interpreting them.

[daviscup]

[ATTACH=CONFIG]44012[/ATTACH]

[ATTACH=CONFIG]44011[/ATTACH]

[ATTACH=CONFIG]44010[/ATTACH]

 

[ATTACH=CONFIG]44009[/ATTACH]

Statements below.

[Andybars]

It is my understanding that the PPI refund payment will not restart the SB clock and is not classed as a payment that you have made

- if this was made in September/October 2008 the chances are that your claim was made some / weeks or month before.

 

Do you have a copy of the complaint letter or at least know the date of it - it is likely that you may not have as far to go to being SB as you think

[daviscup]

Hi andybars,

 

I did already think that might be the case but I wasn't sure in the payment made by them was a sign of acknowledgement.

 

I emailed the girl at 1st credit today asking for a copy of PPI complaint as I do not acknowledge any debt as far as I was concerned its statute barred.

 

I will have to see what happens.

[BRIGADIER2JCS]

1st Crud are known to claim that a reclaim of PPI is written acknowledgment of the debt, rather than a payment to the account by the debtor.

 

The OFT Guidance states that a relevant acknowledgment is ''an unequivocal written acknowledgement that a liability subsists''.

 

I do not recall this being tested in court,.

[Desperate Daniella]

Hi daviscup,

 

When you refer to the terms on the back,

have you checked that these terms really are the "prescribed terms" as shown in the Regulations of the Consumer Credit Act?

 

I've had agreements with terms that really don't count for anything!

Or the interest rates or quoted charges don't match with the statements, or something similar?

 

Does the document have any references to terms/conditions overleaf which don't match?

 

Sometimes what they say was on the back of a document couldn't have been!

[daviscup]

Hi everyone,

 

I have finally received a response from 1st credit with a copy of my PPI complaint to my bank.

 

The compliant is signed/dated by myself on the on the 03/06/2008.

 

So if i'm right this makes me 5years & 23days which is over the 5 years SB for Scotland (Where I live).

 

Am I right in saying this???

 

Also can anyone provide any suggestions on how to proceed with this should there continue to hassle me?

 

Many thanks x

[PaulW922]

This is an interesting thread.

 

The comments about refunded PPI strike me as a little odd though.

 

By making the claim is there not an implicit acknowledgement of the debt at that point?

 

I would think that does indeed reset the SB clock.

 

i know others posters suggest otherwise, but has this actually been tested?

[daviscup]

PaulW922,

 

I would also be very interesting in finding out if this has been tested.

 

If anyone knows of such case I would appreciated.

 

I understand my request for return of PPI is acknowledgement of debt but does the payment made by the bank against balance count as acknowledgment?

[babydoll0141917]

Can you scan the CCA they have sent you? ..I agree with Daniella you may have the same CCA/Application has me ..that really is a load of tosh

[daviscup]

I will scan a copy once I am in work tomorrow, but I am sure this is the correct agreement with all the correct references on both the credit agreement & TCs page.

 

I am just hoping that since the last correspondence I made was applying for requesting the PPI that a court (should it go that far) not see payment of PPI as acknowledgment.

[babydoll0141917]

Ok ..when was your account open?

 

if its pre 2007 they would need the original CCA to take to court and wont be able to fob you off.

 

.Im having a fight with 1st credit at mo

 

..Over my Halifax CCA

 

..Mine was 2001

[daviscup]

I got the loan with BOS in 2004 so also before 2007 but as I said before I'm almost 100% sure the agreement send is accurate.

 

But I will scan tomorrow & let the good people here confirm my fears.

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

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

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

.

dx

[daviscup]

Hopefully I have attached correct this time

[babydoll0141917]

Where were the T & conditions?

 

Was they on the reverse?

 

if so was there a reference to them being on the reverse..

 

The code at the bottom of the T and C is 2000 And the application is 2003.

 

.So codes dont match either

[daviscup]

Hi, t

he t@c came on different page.

 

The scan wasn't so good but the reference at bottom of t&c defo say 2003 .

 

I just hope someone can advise if the payment made by bank counts as acknowledgement as cca looks correct

[dx100uk]

NO IT DOES NOT as already said

 

dx

[dx100uk]

you are in Scotland it IS SB'd and extinguished gone dead..parrot

 

go get that ppi back

 

dx

[daviscup]

Thanks for reply dx100uk,

but already got ppi back that's the problem.

 

Does the request for ppi start the acknowledgment or is it that bank payment count as acknowledgment?

 

Would like to hear from someone that was in same situation/

 

Thanks x

[daviscup]

Sorry dx100uk, just realised what you sent.. Thanks I will wait until 1stcrud come back then hit them with the info you provided... Cheers mt x

[dx100uk]

I hope that PPI refund was correct

 

£45 PCM from 2004 is one hell of a reclaim.

 

dx