1st Credit threat of CCJ on expired Default

[meljam]

Hello All

I am just after a bit of advice on the following;

The story is, 1st credit have bought a debt for just under 2k from HSBC (I think it might be an old credit card, I don't even know) I think I was paying £1 a month in it until sometime earlier this year when I changed accounts and didn't re-set it up.

Sorry to sound vague but I had a few of these and they are all old so the details escape me.

HSBC wrote to me to inform me they'd sold the debt to 1st and that they'd 'taken the necessary steps to reflect the change of ownership' etc.

I have since been receiving a heavy volume of correspondence from first ranging from sending me income & expenditure form to the usual requests for payment.

This account was a default on my file however it dropped of sometime over the last 2years . The default was registered around 2007 I think.

The account isn't statute Barred.

I have today recieved a letter from 1st informing me county court proceedings are being considered and a list of what it would cost in legal proceedings on top of the debt.

The first sentence reads 'we are considering whether we should refer your account to our legal dept to issue CCJ proceedings against you'

I have no idea if there is a signed CCA for this account as I say - it's old and I barely remember it.

I'm not sure what to do, can they issue a CCJ against me (I've read elsewhere that they need to default you 14 days before then they can send the CCJ paperwork however this is an expired Default so how would it all work.

I'm not sure it's just threats or if they will do it. Should I contact them or ignore them? I'm just looking for advice on the best course of action really.

Thanks for reading this

Meljam

[MIKE770]

Re: 1st Credit threat of CCJ on expired Default

more detail would help i.e. year of taken out - default date etc etc last payment, as regards HSBC lot of old credit cards had no proper agreement just a white form of apply name address that was it or a phone call sales pitch especially in the 90s, even before HSBC bought up Midland etc

[meljam]

Re: 1st Credit threat of CCJ on expired Default

Hi Mike.
I can only go on memory, I think it would have been taken out around 2002/2003 (funnily enough I worked for them then)

Default registered around 2007. Expired after the obligatory six years and I continued with my £1 payments for a while - my last payment of £1 would have been around the beginning of this year.

I really should have set it up again and carried on but I didn't and now it's come to this. I was hoping to not have to contact them but now after today's CCJ threat I'm wondering if I should send them a CCA request to find out if they've even got an agreement.

It sounds like a threatening letter to me since they use words like 'consider' and 'may' but I really do not want a CCJ so it's got me thinking.

Why didn't HSBC register a CCJ against me?

[charitynjw]

Re: 1st Credit threat of CCJ on expired Default

Hi meljam

If it were me, one thing I would definitely do in your position is SAR the original creditor, HSBC.
As the agreement was pre 2007, they might not have a copy signed by you.
& if HSBC can't find it, 1st C will have a problem.
SAR - http://www.legalbeagles.info/forums/...ur-information

[meljam]

Re: 1st Credit threat of CCJ on expired Default

Hi Charitynjw

You would sar HSBC over 1stcredit? I was thinking about sending a CCA req to 1st knowing they may not have one and will have to refer back to HSBC.

Arghhhh I didn't want to get into all this with them but I'm going to have to by the looks of it..

Thanks for your replies, I'll let you know what becomes of it all.

[meljam]

Re: 1st Credit threat of CCJ on expired Default

Morning folks.

Thanks again for everyone's input previously.

I decided to not contact them and wait to see what came through the door next before sending them a Sar or CCA.

So today I've had another letter from them....

'A Discount Is Available!'

They don't say by how much but ask me to call them to take advantage of their discount offer.

I think it's safe to say there will be no CCJ anytime soon.

Will keep you all updated.

[meljam]

Re: 1st Credit threat of CCJ on expired Default

Hello Guys.

So following the discount offer letter I received another discount offer, this time it specified how much they were willing to reduce the debt by.

I then recieved two more CCJ threats. The most recent being today.

I have been ignoring in the hope it is just threats. Now I'm wondering if to make contact with a S78 CCA request or if they are just sending scary letters. Surely after numerous discount offers they can't be that confident in their case?

todays letter says if I do not contact them within ten days they will pass to their litigation team who will consider initiating county court proceedings.

They then go on to say that the ccj may result it either an attachment or earnings or warrant of control to seize goods.

[pt2537]

Re: 1st Credit threat of CCJ on expired Default

1st Credit arent a great deal to worry about normally. i think you need to make the section 78 request as you need toi have a copy of the agreement before you really can do much here.

Have a read of my blog here too, it shows companies like these can be beaten https://consumercreditlitigationandd...wordpress.com/

[meljam]

Re: 1st Credit threat of CCJ on expired Default

Thanks pt2537 and thanks for the link, going to have a read now