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First Direct Consolidated Debt - 1st Credit collecting

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  • First Direct Consolidated Debt - 1st Credit collecting

    Hello

    In 2005 I took out a credit card and current account overdraft with First Direct. After getting into difficulty and missing payments for a while, First Direct combined the two accounts and issued a default in 2012. Last year they assigned the combined account to 1st Credit. Neither First Direct nor 1st Credit informed me that the accounts were combined/consolidated - I only know this from looking at my credit report.

    1st Direct have recently started sending weekly letters asking for repayment - starting with a 20% discount 'offer'. Last week, I sent the CCA request with £1 payment. Very quickly, a couple of days later, they responded and returned my £1 postal order saying that the account was a current account and therefore not covered by CCA until 2011 - again not mentioning the fact that two accounts had in fact been consolidated. They also said in the letter that they have requested copy statements from First Direct and my account is on hold until they are able to send them to me. I received another collection letter today but this was dated the day before the letter responding to my CCA request.

    I would be grateful for any advice on next steps once 1st Credit resume collection letters, which they surely will. Should First Direct have combined the two accounts in the manner they did and should it be covered by the CCA as the overall total includes a proportion of credit card debt (in fact the majority of the total)?

    Thanks
    Tags: None

  • #2
    Re: First Direct Consolidated Debt - 1st Credit collecting

    Hi welcome to LB.

    1st credit will twist things to suit themselves!
    Send the CCA Request back point of that the largest part of
    the Alleged debt is a Credit Card Account and you require the
    agreement to be produced within 12 + 2 working days, the consolidation
    does not affect the fact the CC account was/is regulated by CCA 1974( as amended).
    use signed for post.
    A Subject Access Request to First Direct to get all the data they hold on you and the account.
    A £10 statutory fee is payable, and FD has 40 days to comply this should show if they did inform
    you on the consolidation.
    template in forum library for the SAR.

    nem

    Comment


    • #3
      Re: First Direct Consolidated Debt - 1st Credit collecting

      Thanks, will get those off tomorrow. Do I need to sign a SAR letter?


      QUOTE=nemesis45;533310]Hi welcome to LB.

      1st credit will twist things to suit themselves!
      Send the CCA Request back point of that the largest part of
      the Alleged debt is a Credit Card Account and you require the
      agreement to be produced within 12 + 2 working days, the consolidation
      does not affect the fact the CC account was/is regulated by CCA 1974( as amended).
      use signed for post.
      A Subject Access Request to First Direct to get all the data they hold on you and the account.
      A £10 statutory fee is payable, and FD has 40 days to comply this should show if they did inform
      you on the consolidation.
      template in forum library for the SAR.

      nem[/QUOTE]

      Comment


      • #4
        Re: First Direct Consolidated Debt - 1st Credit collecting

        Yes the Data Controller receiving the SAR must be sure that the data is going to the " data subject" i.e. You.

        nem

        Comment

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