Just been served papers by sols acting for 1st Credit (finance)

[Captain Haddock]

After some three years of to-ing and fro-ing of an unenforecable credit card debt between several DCAs, I have today been served papers by Sheriff Officers on behalf of solicitors acting for 1st Credit (Finance). It's all a bit scary as it mentions the word 'bankruptcy' in its headings. It does give the option to send a 'denial slip' direct to the solictors in Glasgow, which I fully intend to do.

What I'm curious about is why 1st Credit are doing this, for the other DCAs clearly held no copy of an enforecable agreement, yet here is this lot trying the heavy hand.

HAs anything been changed in the law over uneforecable argeements in the last year or so? All advice appreciated.

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

After some three years of to-ing and fro-ing of an unenforecable credit card debt between several DCAs, I have today been served papers by Sheriff Officers on behalf of solicitors acting for 1st Credit (Finance). It's all a bit scary as it mentions the word 'bankruptcy' in its headings. It does give the option to send a 'denial slip' direct to the solictors in Glasgow, which I fully intend to do.

What I'm curious about is why 1st Credit are doing this, for the other DCAs clearly held no copy of an enforecable agreement, yet here is this lot trying the heavy hand.

HAs anything been changed in the law over uneforecable argeements in the last year or so? All advice appreciated.

HI

How much is the debt for?

Is this a statutory demand?

Have they ever produced any kind of signed document

Bernie

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

No enforceable documents - I presume you mean the agreement - has ever been produced by the bank or any of the DCAs who subsuquently handled the account. I gave up wasting stamps on these people ages ago.

The debt is about £4k, pre 2007 and, yes, it is a statutory demand.

[teaboy2]

Re: Just been served papers by sols acting for 1st Credit (finance)

If they any of the previous DCA's failed to respond to a section 77/78 request for a consumer credit agreement, then the debt itself is in default and can not be enforced in court.

If you have evidence of the Section 77/78 request you sent to the previous DCA, simply send them copies as evidence in your defence along with the denial slip, include in your defence reference to date the request were sent and which DCA they were sent too. Then Quote the consumer credit act 1974 section 78 sub section 6 or section 77 subection 4 (depending on type of account)

"(4)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement;"

If its a satutory demand you need to apply to have it set aside on the basis above and also mention that a satutory demand and bankruptcy proceedings are being abused by creditors for such small alleged debts that are unproven simply to scare people into paying and refer them to the OFT debt Collection Guidelines.

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

No enforceable documents - I presume you mean the agreement - has ever been produced by the bank or any of the DCAs who subsuquently handled the account. I gave up wasting stamps on these people ages ago.

The debt is about £4k, pre 2007 and, yes, it is a statutory demand.

No i meant signed document that links you to the alledged debt.

Enforceability may not be an issue.

You must apply to have the SD set asside in england you have 18 days to do this use form 6.4 and 6.5 from the court service.

Usually this is just a scare tactic by the creditor, but if i were you i would take it seriously just in case, especially if you have asets that make it worth their while pusuing.

You can apply for set asside on the grounds that you disute the debt, its amount or if you have a counter claim that is unresolved for PPI etc.


See here for more details http://www.bankruptcy-insolvency.co....tatutoryDemand

Bernie

[teaboy2]

Re: Just been served papers by sols acting for 1st Credit (finance)

No enforceable documents - I presume you mean the agreement - has ever been produced by the bank or any of the DCAs who subsuquently handled the account. I gave up wasting stamps on these people ages ago.

The debt is about £4k, pre 2007 and, yes, it is a statutory demand.

If the debt was pre 2007 then its statuted barred in scotland after 5 years since last payment was made or last acknowledged. So thats another reason you can use when applying for a set aside.

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

[quote=teaboy2;
If its a satutory demand you need to apply to have it set aside on the basis above and also mention that a satutory demand and bankruptcy proceedings are being abused by creditors for such small alleged debts that are unproven simply to scare people into paying and refer them to the OFT debt Collection Guidelines.[/quote]

HI Teaboy

I am not sure that you could set asside a stat demand on terms of unenforceabiltiy after a 77 breach or even a 127.

The creditor is not seeking a judgment, he is making a bankruptcy petition.

Always willing to be proven wrong of course.

Bernie

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

There is no provision for set aside in the document I have been handed, only the instruction to deny the debt (or pay it or any part of it to the creditor), accept the debt and pay it or do neither of those and be made bankrupt!

So, do I send back the denial slip and a letter citing history of the account or..?

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

I think you need advise from someone familiar with scottish proceedures.

Statute bar would apply as teaboy says, after 5 years, so you could always send it back stating that this was the case.

I would contact your local free debt advisor just to make sure that there is no official forms you need to send to stop the action up there.

Bernie

[teaboy2]

Re: Just been served papers by sols acting for 1st Credit (finance)

HI Teaboy

I am not sure that you could set asside a stat demand on terms of unenforceabiltiy after a 77 breach or even a 127.

The creditor is not seeking a judgment, he is making a bankruptcy petition.

Always willing to be proven wrong of course.

Bernie

Bankruptcy is enforcement, when it says they can not enforce they do not simply mean by court, they mean any form of formal legal enforcement action including bankruptcy proceedings which is a way of enforcing the debt.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

I am in Scotland.

How can they make me bankrupt against this debt, when the CC terms were no satisfied? Even the bank knew that!

BTW, this demand is under 7(1)(d)

[Angry Cat]

Re: Just been served papers by sols acting for 1st Credit (finance)

Hang on!

1st Credit have already been warned by the OFT and;
had 'Requirements' imposed upon them:
OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading

Would suggest that you contact Consumer Direct and Trading Standards Scotland:
Trading Standards in Scotland - SCOTSS

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

I am in Scotland.

How can they make me bankrupt against this debt, when the CC terms were no satisfied? Even the bank knew that!

BTW, this demand is under 7(1)(d)

Unenfrceablity does not mean that the debt is not owed it just means that it cannot be the subject of an enforcemnt order under section 127 of the CCA.

If the debt exists then it can be the subject of a bancruptcy petition the same as any other debt.

You can of course question the accuracy of the agreement and argue that the amounts are not correct to support your case.

But no judgment is neede in order to file a petition so no enforcement in terms of the CCA is needed.

Bernie

[Angry Cat]

Re: Just been served papers by sols acting for 1st Credit (finance)

Money Claim Online | Services | The Sheriffs Office – High Court Enforcement Officers, Certificated Bailiffs, civil enforcement and Debt Collection Agency

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

This is a catch 22. If I deny the debt, will they drag me to court but if I accept there is one, albeit supposedly unenforceable, I then become liable. And the swine win!