Me v 1st Credit

[SBP1970]

Many years ago I had my identity stolen. One of the credit cards taken out in my name was sold to 1st Credit.

Originally they bombarded me with phone calls at home and at work and wrote to the neighbours.

They issued a stat demand and that was set aside and they had to pay me costs, which they didnt so I sent in the bailiffs and got them. Then they sent 3 more stat demands!

Each time I went to the FOS and 1st credit said admin error and nothing was ever done.

Now they have sent a reconstructed agreement without any signature. They have also sent statements showing the debt is statute barred.

Any ideas on how to proceed with this and will they ever give up?

[FlamingParrot]

Re: Me v 1st Credit

Hi and welcome!

When you had your identity stolen, was that fact not reported to the Police? :mod: That being the case, all you'd have to do is inform 1st Crud of the fact and give them the crime reference.

You are saying they have sent you a reconstructed agreement, presumably as a result of a CCA request you sent them, but why would you do that if this wasn't your debt in the first place? :noidea:

When you had the SDs set aside, what argument did you use in court? That it the debt wasn't yours? If the debt is SBd they have to be notified that you are aware of that fact and won't be making any payments and they have to give up at that point.

There are a few things here that just don't add up :confused2:

What bank was this credit card originally with? Was this the only debt taken out in your name or were there others? :noidea:

[SBP1970]

Re: Me v 1st Credit

Yes I do have a crime reference. The set aside was 2009 and I have not heard from them since. I did do a CCA request as I thought they would never have my signature and might go away this was again back in 2009. The defence I used was that it was identity theft and that they could not supply a CCA with my signature. I was advised to put several avenues down as the defence. This advice came from people on the CAG. 1st Credit did not turn up or send anyone and the judge set it aside. I had to argue for the costs and received £65.

The reconstructed agreement states it was peoples bank of connecticut the statements state citibank. However Citibank bought out the credit card business of peoples bank. I believe the debt was only taken out in my name. At the time I worked abroad and rented the house out for just under a year.

[SBP1970]

Re: Me v 1st Credit

I had several debts taken out in my name. 1st credit and Bryan Carter were the only 2 that ended up with legal action. BC took a County court action for a small amount. He then withdrew and tried again but could not do it as it went against civil procedure rules. Link harassed me for a while and gave up. Lowell write occasionally. Westcot wrote the debt off as it was a crime. They were the only one to do this.

[SBP1970]

Re: Me v 1st Credit

Any ideas what I should do next?

Should I send 1st Credit a statute barred letter or wait to see what they do next?

[PlanB]

Re: Me v 1st Credit

Any ideas what I should do next?

Should I send 1st Credit a statute barred letter or wait to see what they do next?

If I were in your shoes I'd send a PM to PT2537 (with a link to this thread) who has a track record of kicking 1st Credit into touch when they are in the wrong :wink:

The obvious question is why would you claim a debt is statute barred if it isn't your debt in the first place :doh:

[PlanB]

Re: Me v 1st Credit

I had several debts taken out in my name. 1st credit and Bryan Carter were the only 2 that ended up with legal action. BC took a County court action for a small amount. He then withdrew and tried again but could not do it as it went against civil procedure rules. Link harassed me for a while and gave up. Lowell write occasionally. Westcot wrote the debt off as it was a crime. They were the only one to do this.

Help me here because I'm getting confused :doggieyes:

You say you never took out the credit agreement which 1st Credit subsequently purchased and issued county court proceedings (using Bryan Carter) which were then discontinued. You say you were then chased by Link and Lowell. Did either of these (Link and Lowell) purchase the account/debt which you never opened? Wescot is a debt collection agency and probably didn't write off the debt as a "crime" because debt is a civil issue not a criminal issue I'm happy to report

Somewhere along the line there was a statutory demand issued which was successfully set aside? More real info needed please.

[SBP1970]

Re: Me v 1st Credit

I did not take out a credit agreement with any of these debts that were bought by the agencies.
BC bought a debt from Nationwide this was a different debt to the 1st credit one.
Lowell bought an egg debt, westcot a barclaycard debt and link an mbna debt.

[PlanB]

Re: Me v 1st Credit

I did not take out a credit agreement with any of these debts that were bought by the agencies.
BC bought a debt from Nationwide this was a different debt to the 1st credit one.
Lowell bought an egg debt, westcot a barclaycard debt and link an mbna debt.

So now we have a longer list of suspects who have been involved in the pursuit of this identity theft claim as follows (in no particular order):

1. Barclaycard
2. Nationwide
3. Egg
4. Wescot
5. 1st Credit
6. MBNA
7. Lowell

Have I missed anyone?

[MIKE770]

Re: Me v 1st Credit

Somewhat confusing ah!

[labman]

Re: Me v 1st Credit

It sounds to me like a matter for the police. You already have a crime number. I would be going back to them and asking their advice on what you should do with all these debts now appearing. Did you not check your credit file at all during the past four years? Surely this would have shown these debts, and as a victim of ID theft, I'd be surprised if you had not looked at your CRF.

If this is a genuine crime, all you should really need to do is supply the number to the DCA's so they can check it is genuine.

[SBP1970]

Re: Me v 1st Credit

When I called the police many years ago all they did was give a crime number. They admitted there was nothing they could do. The lodgers I had were foreign and more than liekely went back home.

I have many times in the past written to 1st credit. There view is that the onus of proof is on me. Two of the DCAs only send a statement yearly and the rest I have not heard from for many years.

At the time I did check the credit file. I had defaults and with the help of the FOS got these removed. Not easy but achieved eventually and with help.

I had not heard from 1st credit for a number of years and this letter came out of the blue. I have read other threads and it seems they are chasing SB debts again.

What I am looking to achieve is to get 1st credit off my back. As stated the others do not chase and currently the credit file is clean.

What I require help with is a killer letter to 1st credit to stop any more letters or before they take things further. I would rather nip it in the bud now.

[SBP1970]

Re: Me v 1st Credit

The only issue I have is with 1st credit the others apart from yearly statements have not contacted me in years.
Apologies if this is not clear.

[labman]

Re: Me v 1st Credit

Maybe you should contact these people. What exactly happened with the police other than them issuing the number? Surely some sort of investigation must have taken place?

http://www.actionfraud.police.uk/fraud_protection/identity_fraud

[SBP1970]

Re: Me v 1st Credit

I phoned the police and they gave out the crime reference number and said there was nothing they could do. They took the details over the phone and that was it. To my knowledge they did not carry out any investigation. They claimed that as I rented to foreign workers they could not do nothing.