1st Credit

[jim3940]

Think i need a bit of advice at this stage. Longish story but to cut it short I have been dealing with a debt with 1st Credit that dates back to 2001. Followed the CB pathway on dealing with them. Sent letter stating that the debt is statute barred and they came back with a couple of "payments" that they say were made in 2005. This was after a gap of considerable time and ther were not the prescribed payments set out originally. Wrote back saying I got no knowledge of this and where is your proof I made these alleged payments. Anyway received letter today from LCS Solicitors whom I think are 1st Credit "in-house" saying unless I pay within 7 days we may take legal action etc etc etc etc. I am not unduly perturbed by this but as I have never been this far as yet, I would like some advice.

[Curlyben]

Re: 1st Credit

1st are well known for "phantom" activity on accounts.
Did they actually send you anything that demonstrates these payments, or was it just a sod orf on SB'd as you paid in 2005 ?

[jim3940]

Re: 1st Credit

Hi oh sagacious one :tinysmile_twink_t2:. They sent a spread sheet type doc with basically a list of dates and payments. I asked them to substantiate this and then got the "sod orff" .

[Curlyben]

Re: 1st Credit

So not an actual statement of account then.
Hmm shame on them.

Honestly, I'd ignore their threats.
Did you ever fire a CCA at them ?
Also who's the OC in this ?

[F_DCAs]

Re: 1st Credit

That's not proof that anything was paid - that's an 'assertion' that you paid. But it isn't evidence of anything. Did it say anything about how it was paid, or perhaps any copies of payment receipts, etc? I bet it doesn't, and I bet there isn't.

You've told them it's Statute Barred and they're still pursuing? Might be time for an OFT complaint.

Curlyben, wasn't it pursuit of Statute Barred debts that First Credit were warned by the OFT for last year?

[Curlyben]

Re: 1st Credit

That and issuance of Statutory Demands like confetti

[Amethyst]

Re: 1st Credit

That and issuance of Statutory Demands like confetti

http://www.oft.gov.uk/shared_oft/pre...quirements.pdf

Warned over use of Stat demands on stat barred (and other) debts.

[F_DCAs]

Re: 1st Credit

In that case, I'd DEFINITELY recommend an OFT complaint. Another nail in the coffin of 1st Credit's licence to trade is always good.

[jim3940]

Re: 1st Credit

Origal company was HFC .

[Curlyben]

Re: 1st Credit

Now a CCA would most likely turn up a recon'd agreement that, handily, fully complies, as per Carey. So not really worth the time as yet.

I might be inclined to write back to 1st and remind them of your outstanding request for statements, etc.

Nice breach of Pre-action from LCS there as well. LBA I meant to be 14 days, not 7 as that's completely unreasonable, but since when did statute get in 1st way, allegedly

[jim3940]

Re: 1st Credit

Thanks for advice. Will write back today reminding of request for statements etc. How do you go about complaint to OFT>

[Animal]

Re: 1st Credit

Ist Crud took me to court using a witness statement and an old application form from a totally different company which had a new agreement number handwritten on it. I believe I closed that account over 20 years ago! They also claimed that I had made a payment within the last 6 years, but failed to provide any evidence. The Judge gave them extra time to produce evidence, but they then discontinued.

They also tried the statutory declaration back in 2005, on another alleged account that I knew nothing of, but withdrew on a CCA request.

If there was any company that should lose their licence...

[F_DCAs]

Re: 1st Credit

Thanks for advice. Will write back today reminding of request for statements etc. How do you go about complaint to OFT>

If you go to the OFT website, there should be a downloadable complaint form.

What will happen is that the OFT will state they can't investigate individual complaints.

However, any complaints they DO get will be added together, tallied up and taken into consideration when 1st Credit's trading licence gets reviewed.

And if there are enough complaints to convince the OFT that 1st Credit are still doing what they were formally warned for, then the OFT may be inclined to 'take action'.

That could mean 1st Credit being deemed inappropriate to hold a trading licence, and then being put out of business - and we all want that to happen!

[ODC]

Re: 1st Credit

Most fun of the lot are Worst Credits so called attempted payments. You know the ones. Thats where you walk past a bank on a Sunday and think about paying.

[jim3940]

Re: 1st Credit

Reply back from OFt today. Started off with usual stuff about we cant intervene in individual cases etc. Then perhaps more interestingly they asked me to sign a disclaimer to enable them to use my case (and other complaints they receive )in any possible future action against ist Credit.