tifo vs 1st Credit

[tifo]

1st Credit got a CCJ and a charging order on me in 2006 using some of their trickery. CCJ in 2005.

I sent a CCA s.78 request to them in Jan 2007 and they have not complied with a single thing.

I am now thinking of issuing a 'set aside' on the CCJ and charging order based around the fact that i now don't agree with the amount (it includes penalty charges so the CCJ is incorrect) plus the fact they haven't proven they own it. I will ask that all be set aside and they enforce only when they can show legal ownership.

I have issued a claim against the bank itself for a refund of charges which should come back to me and not go to 1st Credit as they are saying they've done.

I have read that "i agreed with the amount before but do not now" is a legitimate reason for a set aside, due to new information coming to light (charges).

Of course, i want to use their s.78 non-compliance for the set aside as well because they have not proven the ownership of the debt and are in default and offence of the CCA 1974.

Once the CCJ and charging order is set aside, they can try and enforce it again but only when they comply fully with s.78 and more. I know for sure that the bank does not have the credit agreement as it's from 1997 and they did not keep any from before when they took over the card in 2001 (Abbey credit card took over my MBNA in 2001).

This account will also have a s.85 non-compliance by the bank which i am about to issue soon.

Does anyone have any advice against this as some may say it's too late once i agreed to the amount in 2005?

[tifo]

Re: tifo vs 1st Credit

Letter from 1st Credit rec'd today.

Stating they confirm they have a final charging order against my property, that they are disappointed i have failed to put forward and maintain a payment proposal (i offered and they've always refused, even at court and later through their solicitors) and that they they have instructed their solicitors LCS to take appropriate steps to obtain payment of the judgement debt. This could include possession and sale of the property.

To avoid action please call 0870 xxx xxx within 7 days.

They also state as i am a home owner, LCS can introduce me to Black and White who are an award winning company and can help me raise finance to clear my debts.

What course of action can i take as they have not been in contact since accepting they have received my s.78 request and will ask for payment only when they comply.

Shall i use this letter to ask for a set aside of the CCJ and Charging Order, based on their s.78 non compliance and the debt amount including penalty charges of approx £1200 plus charges by 1st Credit. They haven't sent me a full statement yet, despite asking as part of my s.78 request. The CCJ is for £4,400.

2.6 of the OFT's guidance on debt collection says...

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

[tifo]

Re: tifo vs 1st Credit

this is interesting, this is who 1st Credit want me to use :-

Mortgage brokers operating below standards, financial firms failing to meet its website standards and the onsite visit to Black & White summed up the working week for the FSA.

The industry is right to be worried about increased regulatory presence and pressure, especially in a climate that unfortunately, is likely to see the industry end on a low note. For Thomas Reeh, chief executive of Black & White, last week's visit came as a shock and he was quick to inform the media he was being cooperative with the FSA. But the sight of police overseeing the removal of case files would concern any boss. Reeh speculated his business could be the victim of a malicious tip-off from a disgruntled member of staff, after Black & White was recently forced to make 25% of its workforce redundant. Does this mean the long list of other firms making redundancies should be concerned? Will the sight of police officers entering mortgage firms' premises become the norm in the industry? That is certainly an image the market does not need, now or ever.

[tifo]

Re: tifo vs 1st Credit

complain to OFT and FSA regarding this loan selling tactic?

if they take me to court then i have no choice but to apply for a set aside of the CCJ and Charging Order but they're not likely to possess my house and sell it for a £3k loan, are they? I've been told they shouldn't have got an order in the first place for an amount below £5k.

[tifo]

Re: tifo vs 1st Credit

i've made an application with Black and White to see what they offer me and how much more in debt this will put me in. I can then use this as evidence at court.

[Krolik]

Re: tifo vs 1st Credit

Hi there, first time on. I have a similar problem when taken to court last year by Morgan grenfell through a solicitor. Stupidly i admitted the debt but now i find out that the debt is with Goldfish who recently sold it on to Babot! What is the legality of the CCJ? The debt had already been sold before my court appearance so technically i did not owe Morgan Grenfell any money. Can anyone help?

[enaid]

Re: tifo vs 1st Credit

Hello Krolik and welcome to Beagles. If you start your own thread in the appropriate forum you will get a better response to your query.
If you are unsure about anything just give a shout Enaid x

[Krolik]

Re: tifo vs 1st Credit

Hi there, thanks for the reply but how do i know which thread to use?

[TUTTSI]

Re: tifo vs 1st Credit

Hi there, thanks for the reply but how do i know which thread to use?

Hi Krolik

I think the best thread for you is the Debt Forum http://www.legalbeagles.info/forums/...splay.php?f=64

If you post up your details of your claim someone with more experience will come along and help you.

Did you have any charges on this account and if so have you claimed them back!