1st cretins still abusing SD process

[cupidstunt]

Hi all,

received a hand delivered SD from 1st cretins today, through the letterbox.

It's on very nice paper and the two pages are fixed together with a nice fancy paper corner thing.

It states that they bought my debt in november last year, surely 4 mths isn't enough time to have exhausted the procedure they are meant to take before considering a SD.

this must be an abuse of process.

also the date on the SD is 2 weeks ago, another tactic I guess.

Oh well, better start sorting out the set a side.

The SD doesn't state what the debts are, apart from 2 separate account no's from the original creditor.

Do I SAR 1st cretins or OC

[FlamingParrot]

Re: 1st cretins still abusing SD process

received a hand delivered SD from 1st cretins today, through the letterbox.

It's on very nice paper and the two pages are fixed together with a nice fancy paper corner thing.

It states that they bought my debt in november last year, surely 4 mths isn't enough time to have exhausted the procedure they are meant to take before considering a SD.

this must be an abuse of process.

Indeed it isn't, as per this quote from the FCA CONC handbook:

(2) In accordance with (1) a firm must not, in particular, apply to court for
an order for sale or submit a bankruptcy petition, without first having
fully explored any more proportionate options.
[Note: paragraph 7.14 (box) of ILG]

7.3.15 G A firm should not make undue, excessive or otherwise unfair use of statutory
demands (within the meaning of section 268 of the Insolvency Act 1986)
when seeking to recover a debt from a customer.
[Note: paragraphs 7.10 of ILG and 3.7n of DCG]

also the date on the SD is 2 weeks ago, another tactic I guess.

They seem to have taken a leaf out of Lowell's book, theirs were usually dated 3 weeks earlier, giving the impression that you'd missed the deadline to apply for set aside. :mad2: :mad2: :mad2:

Oh well, better start sorting out the set a side.

You may want to look here: http://www.legalbeagles.info/forums/...ead-here-first**

The SD doesn't state what the debts are, apart from 2 separate account no's from the original creditor.

Do I SAR 1st cretins or OC

If you were to send a SAR, there would be no point in sending it to 1st Crud because they wouldn't have the historical data. Having said that, the OC would have 40 days to respond and you need to apply for set aside within 18 days.

A CCA request is what you should send, to 1st Crud. :typing: See here: http://www.legalbeagles.info/forums/...y-of-Agreement

[cupidstunt]

Re: 1st cretins still abusing SD process

Thanks Parrot,

Got my SAR's and CCA requests mixed up.

Makes sense to see what they have to confirm I owe this debt.

I'll keep this updated.

[joedempsey]

Re: 1st cretins still abusing SD process

Thanks Parrot,

Got my SAR's and CCA requests mixed up.

Makes sense to see what they have to confirm I owe this debt.

I'll keep this updated.

Also make sure you get letter sent to the FCA letting them know 1st CRedit are at it again after getting their knuckles rattled in 2009

[cupidstunt]

Re: 1st cretins still abusing SD process

Will do.

[nemesis45]

Re: 1st cretins still abusing SD process

When you write to the FCA word the letter as " information" on the conduct of 1st Credit, not as a complaint.

nem

[cupidstunt]

Re: 1st cretins still abusing SD process

I've sent a CCA request today.

Next couple of days I will fill in the forms for set a side.

Only reasons I can think of are;

abuse of process.

Dispute the debt or amount of debt.

Is that enough for a set a side.

[nemesis45]

Re: 1st cretins still abusing SD process

No previous debt collection activity from the company issuing the SD, is a good point e.g. buy a debt and immediately issue an SD.

nem

[cupidstunt]

Re: 1st cretins still abusing SD process

yes, apparently they bought the debt in nov 2014, I have a letter dated dec 2014 stating they are considering bankruptcy action.

[Mineral1]

Re: 1st cretins still abusing SD process

Also see thread Re: SD help
Seems to be a trend here..............

[Mineral1]

Re: 1st cretins still abusing SD process

1st Credit soon be wearing a wig and banging the gavel direct to save us all time....:tongue2:

[nemesis45]

Re: 1st cretins still abusing SD process

1st Credit soon be wearing a wig and banging the gavel direct to save us all time....:tongue2:

Their actions have indeed become the same as they were a few years back when they were sanctioned by the OFT.
Report all to the FCA " for information".

nem

[cupidstunt]

Re: 1st cretins still abusing SD process

Can I dispute the debt at the same time as the set aside, Ie; ask them to prove debt and show account info, as it is a loan and credit card, there will be unfair charges.

[nemesis45]

Re: 1st cretins still abusing SD process

No set aside then it's down to the claimant to reissue if they believe your defence has no merit or they decide enough is enough.

nem

[cupidstunt]

Re: 1st cretins still abusing SD process

Sorry I meant dispute the debt as one reason to set aside.

I dont expect the cca to be in time for me to file for set aside,