1ST Credit and stat barred

[mrchips]

Hi all, hope you can help.

I was contacted by 1st credit regarding a loan i had back in 2005 with HFC Bank for the sum of £5,513.61

I sent off the stat barred letter saying i didn't acknowledge the debt and that it was statute barred etc.

I've just had a reply saying, 'I understand you consider the above account stat barred under section 5 etc etc..............

A default was registered on your credit file on the 31st Dec 2005 for the account, therefore the 6 years commences from the date the default was registered.

However, as payments were subsequently received, this extends the period by a further 6 years. Please find enclosed evidence of this for your ease of reference for the period Aug 09 till Jan 2010.

We therefore do not consider the account statute barred and look forward to receiving your proposal for settling the account.

NOW........

I completely forgot about these payments i had made, in hindsight i should have just left it. Back then i wasn't really up to date on the whole stat barred thing.

I really cannot afford to pay this. Does me sending that stat barred letter extend the 6 years again even though i said i do not acknowledge the debt and can they re-submit it to my credit file again?
Does my payments back in 2010 mean it won't be statute barred until 2016 now? It does not show up on my recent credit file.

Any comments and advice are most welcome.

Thankyou

[CleverClogs]

Re: 1ST Credit and stat barred

Did you actually make the payments alleged by 1st Crud, or were the payments invented by them?

Who owned the debt when the payments were allegedly made?

[mrchips]

Re: 1ST Credit and stat barred

Hi. I did make the payments. Back then i was fed up of all the letters so offered a payment plan but couldn't keep up with it. It was 1st Credit who owned it back then too.

[CleverClogs]

Re: 1ST Credit and stat barred

Then you're screwed.

[mrchips]

Re: 1ST Credit and stat barred

Thanks

[CleverClogs]

Re: 1ST Credit and stat barred

You're welcome!

Have you sent 1st Crud a request for a copy of the original agreement under section 77 (link) of the Consumer Credit Act 1974?

[mrchips]

Re: 1ST Credit and stat barred

I haven't done that yet. They've sent me letters recently offering big discounts on the debt and after doing some research, this generally means that they know they don't have an agreement. Would this be correct?
Im tempted to just wait for their next letter before asking for this.

[Celestine]

Re: 1ST Credit and stat barred

You're welcome!

Have you sent 1st Crud a request for a copy of the original agreement under section 77 (link) of the Consumer Credit Act 1974?

Good advice, don't wait. 1st Credit can be nasty. Get them to supply a copy of the 2005 loan agreement - if they cannot, then those payments will become less significant.

[jaxkevla]

Re: 1ST Credit and stat barred

I have also had dealings with 1st credit for a barclaycard i had pre 1999 they have recently sent me letters saying the debt was bought by them in 2008,( i have posted this in credit/store card forum) does this mean if i don't answer the letters acknowledging that i am the person they are looking for the debt is unenforceable in 2014...

[CleverClogs]

Re: 1ST Credit and stat barred

I have also had dealings with 1st credit for a barclaycard i had pre 1999 they have recently sent me letters saying the debt was bought by them in 2008,( i have posted this in credit/store card forum) does this mean if i don't answer the letters acknowledging that i am the person they are looking for the debt is unenforceable in 2014...

When did you last make any payment towards that alleged debt or acknowledge that alleged debt in writing?

(It may already be Statute Barred...)

[jaxkevla]

Re: 1ST Credit and stat barred

I haven't paid or admitted the debt at all since probably 2000 when i moved to another address and this is the 1st contact since.

[CleverClogs]

Re: 1ST Credit and stat barred

Then it will already be SB.

[FlamingParrot]

Re: 1ST Credit and stat barred

Hi. I did make the payments. Back then i was fed up of all the letters so offered a payment plan but couldn't keep up with it. It was 1st Credit who owned it back then too.

I haven't done that yet. They've sent me letters recently offering big discounts on the debt and after doing some research, this generally means that they know they don't have an agreement. Would this be correct?
Im tempted to just wait for their next letter before asking for this.

Good advice, don't wait. 1st Credit can be nasty. Get them to supply a copy of the 2005 loan agreement - if they cannot, then those payments will become less significant.

To avoid confusion, looks like Jaxkevla's account is SB, but mrchips should still be sending the following letter if they haven't done so already:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

Yours faithfully,

The letter should be sent recorded delivery with a £1 PO and signed using a computer font rather than your real signature, to be on the safe side. :thumb:

[CleverClogs]

Re: 1ST Credit and stat barred

signed using a computer font rather than your real signature, to be on the safe side. :thumb:

A suitable script font is JohnLennon (link) and remember to use a larger font size and blue ink (if possible) to make it look like a signature. :evil: