1st Credit

[jam1974]

This company sent my new partner a letter the other day. I split 9 years ago from my ex with huge debts but never acknowledged them and now 1st Credit are threatening me with all sorts of crap. I changed my name when I split and haven't used my old name since. What can I do?

[fletch70]

If the debt is in your name and there is a clear 6 years of no payment or acknowledgement then send them the SB letter.

 

What exactly are they threatening?

 

Could they have got a CCJ on you at some point?

 

 

Sorry they sent you new partner a letter about your debts? Is that right...very naughty

[fkofilee]

Indeedy... We need more info on the debts;

 

Amount, Creditor... Etc as best as you can.

They will have breached the Data Protection Act 1998 If they have sent it to a third party.

 

Might be worth putting the letter on here and blank out the personal details so we can advise.

[jam1974]

Never seen a CCF appear on my credit report

[Old Cogger]

Never seen a CCF appear on my credit report

 

 

 

CCJ county court judgment?

[jam1974]

I meant ccj but bloody typo sorry

[jam1974]

I hear the don't sake Sb letters very well

[fletch70]

If it is genuinely SB they can take it anyway they want it is still SB.

 

Really need a few more details to be able to give an opinion.

[BRIGADIER2JCS]

Statute Barred = 6 clear years without any payments to the account (5 in Scotland) or unequivocal written acknowledgment of liability for the debt.

 

Clarification please: You say that the letter was sent to your new partner? Was it actually addressed to them? Did this letter divulge details of the debt and is the original debt in your name only, or could it be a joint account?

 

Check your credit reference files asap. Noddle is free and Equifax and Experian ( Credit Expert) have 30 day free trials.

 

If the debt has not been paid or acknowledged for more than 6 years then it is SB, the credit files are a good guide if the debt does not show then it will have been removed on the 6th anniversary of the default date.

 

Come back here when you have the information (I have a draft letter which I have used with 1st Credit cases they tend to come up with "mystery" payments).

[fletch70]

Just to clarify SB is 6 years of no payments or acknowledgement from the cause of action which may be several months after the last payment depending on the terms of the contract

[BRIGADIER2JCS]

Just to clarify SB is 6 years of no payments or acknowledgement from the cause of action which may be several months after the last payment depending on the terms of the contract

 

Just to clarify :

 

It is accepted and OFT Guidance 2003/2006 updated November 2012 states SB No Relevant Contact or Relevant Acknowledgment e.g. Payment or Unequivocal Written Acknowledgment that Liability exists mad e in 6 years (5 in Scotland) This idea that a default is the cause of action is wrong cessation of payments is the cause of action, the default is the action taken.

 

This arises from a case involving a hire purchase agreement and is not relevant here.

 

The OFT has seen no reason to change its Guidance on this.

[jam1974]

Just to clarify SB is 6 years of no payments or acknowledgement from the cause of action which may be several months after the last payment depending on the terms of the contract

 

I have not paid anything for about 8 years I guess now.

 

I do not want to go into each one personally mainly because I don't remember them. Alot has happened since that time, mainly heart attack and 3 strokes.

[BRIGADIER2JCS]

Hi jam, Sorry to hear about your health problems the last thing you need is people muddying the waters on this.

 

Please let me know if you would like the draft letter.

[jam1974]

Brigadier,

 

Yes please may I have the letter

[BRIGADIER2JCS]

Brigadier,

 

Yes please may I have the letter

 

Certainly within the hour!

[jam1974]

You are a star

[fletch70]

Just to clarify :

 

It is accepted and OFT Guidance 2003/2006 updated November 2012 states SB No Relevant Contact or Relevant Acknowledgment e.g. Payment or Unequivocal Written Acknowledgment that Liability exists mad e in 6 years (5 in Scotland) This idea that a default is the cause of action is wrong cessation of payments is the cause of action, the default is the action taken.

 

This arises from a case involving a hire purchase agreement and is not relevant here.

 

The OFT has seen no reason to change its Guidance on this.

 

In this case it obviously does not matter as it is well over 6 years but Brig you are wrong. I was not quoting the BMW case at all . The cause of action is when the creditor can first take action as quoted by sidewinder in a different thread.

Have a look at post 4 http://www.consumeractiongroup.co.uk/forum/showthread.php?411079-Cabot-Financial-say-SB-runs-from-Default-Notice-date&p=4413018#post4413018

 

As per normal you do not read what I say....in a monthly contract AFAIK it is accepted that the date of the first missed payment is the cause of action so that would be the time the clock started ticking. If payments were due yearly then the cause of action would in effect be 7 years from last payment.

 

Just for clarity all I wanted to do was make it perfectly clear yet you chose to have a go at me. It is pathetic

[jam1974]

Guys I am really not interested in these arguments find somewhere else to discuss.

 

I have an issue with 1st credit and asked for advice.

[fletch70]

I have not paid anything for about 8 years I guess now.

 

I do not want to go into each one personally mainly because I don't remember them. Alot has happened since that time, mainly heart attack and 3 strokes.

 

Jam , I most certainly wasn't trying to muddy the waters all I wanted to do was make you 100% aware of when the SB clock starts ticking so that you could not make things worse. It would appear that you are 100% SB.

Sounds like you have had a tough old time and dealing with creditors is something you could do without.

 

Personally if I were you I would be making any creditor who contacts you fully aware of your health conditions. They may not like it but they have a duty of care as well

[jam1974]

As with everything I am thankful to Fletch and Brigadier for their help so far.. Both have been brilliant in their advice. I am just going to slap an SB on 1st Credit and see what I hear back.

[fletch70]

Good luck Jam. I am sure it will all work out If there are any issues with strange payments I am sure someone here will be only to willing to help.

[BRIGADIER2JCS]

Jam please be assured that the SB date is the date of last payment and or written acknowledgment this has been and still is accepted by the courts.

A number of DCAs have tried the same 'trick' it does not hold water at all!.

 

Just drafting letter now.

[jam1974]

Jam please be assured that the SB date is the date of last payment and or written acknowledgment this has been and still is accepted by the courts.

A number of DCAs have tried the same 'trick' it does not hold water at all!.

 

Just drafting letter now.

 

Is their anyway I can call you to discuss on the phone

[BRIGADIER2JCS]

Ok. Apologies for the disruption Jam.

 

I don't have PM facilities so I can't pass info, but it's not CAG policy to deal with threads off the open forum.

 

But here is the draft letter:

 

FAO Mr Bob Kingdon

 

Director of Compliance.

1st Credit Ltd.

 

Private and Confidential.

 

Ref: Ist Credit reference xxxxxxx

 

Dear Mr Kingdon,

 

I write regarding an alleged debt in the sum of £xxx.xx being pursued by 1st Credit, please not I do not acknowledge any debt to 1st Credit or any company it may claim to reperesnt.

 

I have reviewed my credit history and have concluded that any such alleged debt is now statute barred and I will therefore not be making any payment or offer of payment now or in the future.

 

Should 1st Credit wish to dispute the status of the alleged debt it is reminded that claims of one off payments made at any time in the last 6 years will be totally refuted. The onus of providing unequivocal proof of any alleged payment falls entirely upon 1st Credit.

 

I would also remind 1st Credit of the sections contained in the OFT Guidance on Debt Collection 2003/2006 updated Nov. 2012 regarding the pursuit of Statute Barred Debts once a 'creditor ' has been notified in writing of he status of the debt.

1st Credit will now close the file on this matter and will remove all data relating to me from its files.

I require notification in writing that this has been carried out.

 

Send recorded signed for post.

 

Ok Jam keep us posted on the result.

[jam1974]

Spoke to them it is for an address I left 9 years ago