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!st Credit - sent agreement

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  • #1

    !st Credit - sent agreement

    T

    Hi all,

    am new to the site and looking for help. I have requested the contract from 1st credit as per the letters on the site. I have received the contract and want to know how to respond. In my opinion a lot of the t&cs are unreadable so not sure if I should just respond asking for a legible copy. Also there is AA creditcare on there - which is obviously a PPI
    They have enclosed a statement which shows last payment on 11/7/2014

    They previously threatened backruptcy and I responded with a letter which I have also added.

    Thank you very much for any help
    Attached Files
    Last edited by jasenw; 25th April 2017, 09:50:AM.
    Tags: None
    • 1 thank
  • #2
    Re: !st Credit - sent agreement

    Originally posted by jasenw View Post
    T

    Hi all,
    am new to the site and looking for help. I have requested the contract from 1st credit as per the letters on the site. I have received the contract and want to know how to respond. In my opinion a lot of the t&cs are unreadable so not sure if I should just respond asking for a legible copy. Also there is AA creditcare on there - which is obviously a PPI
    They have enclosed a statement which shows last payment on 11/7/2014

    They previously threatened backruptcy and I responded with a letter which I have also added.

    Thank you very much for any help
    Hi,

    Are there more terms and conditions with that document?

    Has the bankruptcy threat been dropped?

    Please give us more history of this debt, e.g the default date. date of last payment.

    nem

    Comment

    • #3
      Re: !st Credit - sent agreement

      The terms and conditions are on the attachment agree2.pdf

      Comment

      • #4
        Re: !st Credit - sent agreement

        Originally posted by jasenw View Post
        The terms and conditions are on the attachment agree2.pdf
        Sorry that attachment wont down load or open for me.

        Are all the T's & C's present? How illegible are they?

        nem

        Comment

        • #5
          Re: !st Credit - sent agreement

          let me rescan as jpg and upload as thumbnail

          Comment

          • #6
            Re: !st Credit - sent agreement

            done

            Comment

            • #7
              Re: !st Credit - sent agreement

              I've looked at your uploads.

              Did 1st Credit serve you with a Statutory Demand in July 2016? Your letter in reply to whatever they sent to you refers to their threat of bankruptcy.

              If it was a SD then you need to make an Application to have it set aside.

              Di
              • 2 likes

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              • #8
                Re: !st Credit - sent agreement

                sorry not been on due to illness. I will have a look at the letters and let you know
                • 1 thank

                Comment

                • #9
                  Re: !st Credit - sent agreement

                  I have just checked and the letter received states that they were considering a statutory demand - but they did not serve one
                  • 1 thank

                  Comment

                  • #10
                    Re: !st Credit - sent agreement

                    Hi
                    I may have this wrong but the agreement being illegible does not make it unenforceable under S65 but would make it unenforceable under S77 (4) .

                    However, from a brief look at it, it seems to be incorrectly executed and therefore irredeemably unenforceable. I am basing this on the PTs not being clear such as the way the account is to be repaid and also the fact both the insurance and loan should be treated as separate agreements . I must caution however , I am not qualified and these might not have been key points at the time you took out the loan.

                    There should also be two sets of terms and conditions, one from inception and one from default- although I am assuming you defaulted quite quickly after the start of the loan because if you have been making payments for 18 years the total hasn't dropped that much.

                    If legal action is being looked at I do think legal representation, at least to get a defence done would be useful. As [MENTION=87380]Diana M[/MENTION] says, if a SD was issued this needs to be set aside.
                    • 2 likes

                    Comment

                    • #11
                      Re: !st Credit - sent agreement

                      Have a read of this blog post, may offer you an idea of the problems 1st Credit face. https://consumercreditlitigationandd...it-last-again/

                      Their deeds are open to challenge and its worth asking them to provide the deed of assignment / sale agreement
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.
                      • 1 thank

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                      • #12
                        Re: !st Credit - sent agreement

                        We have dealt with 1st Credit claim where court dismissed the claim - defence had pleaded not authorised by FCA, agreement unenforceable, no valid assignment etc. They don't go to trial against us now.
                        Last edited by Joanna C; 22nd May 2017, 18:18:PM.
                        • 3 likes

                        Comment

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