1st credit SD for halifax debt not mine! **SET ASIDE**

[smiffy66]

have received a letter today from 1st credit on a photo copied sheet with a dodgy halifax logo on it.

it says they have been assigned to the outstanding debt i have with the halifax.

we do have our mortgage & a loan with them but have managed to keep paying them on time.

it's bad enough being in debt without someone trying to more money off us for a debt which definately isn't ours.

any advice on how i should contact them ??

[rory32]

Hi smiffy, 1st credit are one of the worst DCA's you will ever come across (just to forewarn you).

 

As the debt isn't yours I would initialy send this letter:

 

Your home address)

_________________

_________________

Date: ____________

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Do not sign

If this doesn't work then send them the CCA request.

[smiffy66]

thank for that rory32, will be in the post tomorrow.

my oh is going to contact halifax tomorrow & see if they can shed any light on it too.

we did have several attemps to gain credit using my details approx 2 years ago, not long after we'd moved house.

as far as we knew no one had actually managed to get away with it, now we are beginning to wonder!!!

[Vampyra]

I got one of those photocopied letters from 1st Credit and Halifax. Just to let you know, the alleged debt they plaster me with is currently unenforcable at Law, yet they still threaten me with court action.

[babybear39]

Hiya smiffy66

 

See my thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/92556-help-again-please-1st.html

 

 

Good luck, best wishes and be assured that CAG members are here for you,

 

BB

[smiffy66]

hi babybear39:)

have just been reading thru your thread. they sound like a real bunch of losers!!

you've done really well to put up with their bullying tactics

one thing i've just noticed on my letter is that they say they became legal owners of the debt almost 4 months ago but have only just contacted me & obviously we've had no contact from halifax.

does anyone have any idea why they've left such a gap before contacting me?

[babybear39]

Best guess is that they are imcompetant

[smiffy66]

let's hope so!!

[babybear39]

Hehe...We know so

[smiffy66]

am just copying rory's letter, should i mention in the letter that we have had attempts at identity fraud using my name previously??

[rory32]

There's no harm in it.

[smiffy66]

have received a second more official looking letter today which must have crossed in the post with mine.

it introduces 1st choice & tells me the full amount is due immediately!!!! there's abit of the usual rubbish then it states:- in accordance with the data protection act 1998 we will comply with any request for a copy of the personal information about you that is held on our computer system. send your request, along with the administration fee of £5.00 and a sae to the above address.

should i wait & see what response i get from my letter which they should have received today??

[rory32]

should i wait & see what response i get from my letter which they should have received today??

Yes.

[smiffy66]

thanks again rory32, is what they say about the £5 charge correct??

[rory32]

Yes and no. They can charge up to £10 for a SAR under the Data Protection Act, but you haven't asked for this.

 

You've asked for them to prove that the debt is yours.

[babybear39]

£1 for a CCA and upto £10 for SAR

[smiffy66]

had a request from 1st credit to supply a couple of details to prove account wasn't mine ie d.o.b which i did & haven't heard a thing since, even though i requested they confirm in writing account wasn't mine.

had a letter now from connaught collections who have been instructed by 1st credit/halifax to recover the debt. they state they are unaware of any valid reason for my non payment. so presumably 1st credit have sold them the debt, but not passed on the fact that it is nothing to do with me.

should i send the same letter to them or should i contact 1st credit. i'm so confused

[excel1]

connaught collections are just GIMPS who either owned by Worst credit or just use them alot, they havent sold it on and i wouldnt waste your valueble time writing to them at all.

[babybear39]

Send a copy of your 'prove it' letter along with a short letter to 1st crud saying that you've provided the details they wanted (although this is in breach of OFT guidlines) so you now require an answer to your letter within 7 days otherwise you'll report them to the relevant authorities and your MP.

 

They've had enough time to reply and setting connaughts on you isn't playing fair, infact it's contrary to OFT guidlines and the CPUTR 2008.

[smiffy66]

have just received the statutorey demand in the post today. what should i do. i am struggling to pay my real debts & i could do without this for something that isn't mine.

[babybear39]

Serving an SD on a debt in clear dispute, which yours clearly is, is in breach of OFT guidlines.

 

However, you need to apply to get it set aside ASAP at your local county court (the High Court if you live in London). To do this, download forms 6.4 and 6.5 from here:

 

England and Wales Forms

 

Put as your reason for set aside that the debt isn't yours, go along to your local county court where you can swear the affi. as well for free. The court staff should be helpful and it costs nothing.

 

Report connaught and 1st crud to Trading Standards and the OFT ASAP.

 

Good luck and best wishes.

[smiffy66]

thanks again for your advice bb, but i was so peed off i decided to phone them.

they said they had received my letter & removed me from their system. the letters must haved crossed in the post.

[MONX]

Lets hope that is the last you hear from them.

Ive had dealing with these jokers. They really are the pitts!

[PSB123]

thanks again for your advice bb, but i was so peed off i decided to phone them.

they said they had received my letter & removed me from their system. the letters must haved crossed in the post.

Mmmm...I would still have that SD set aside if I was you. Don't trust them as far as I could throw them.

[spamheed]

I agree, don't believe a word they say, the SD may still be valid, it wouldn't be the first time they've told a debtor that the court papers have been withdrawn, only for the debtor to have a CCJ etc obtained by default.

 

Contact the courts to have it set aside, if only for your own peace of mind