1st Credit - please help

[Undercover Elsa]

Re: 1st Credit - please help

Ahh the letter's not what I thought it might be (a formal Letter Before Action) that's good

[chumbers]

Re: 1st Credit - please help

It's dated 5/2/16 and I received it yesterday.

It states that my credit bureau records show I can afford the payments, and they want to work with customers who engage only. As we do not have a repayment plan in place, we may soon pass your account to our internal legal department for review, the outcome of which may ultimately result in county court proceedings being issued against you.

I'll send the document over to Niddy and see what he suggests.

Many thanks

S

[Undercover Elsa]

Re: 1st Credit - please help

Hi Chumbers,
Just scan it as a pdf, totally unedited, nothing covered up, and email it to Niddy at webmaster@all-about-debt.co.uk

Put your username and 1st Credit CCA in the subject line, and include a link to this thread


What does the pre court warning say exactly, and when was it sent?

Elsa x

[chumbers]

Re: 1st Credit - please help

Hi Elsa,

I have finally had a response to my last letter followed by a pre-court warning.

I am just thinking, is it possible to still get Niddy to check my papers they have sent me? It is a copy of the agreement they have received from HSBC.

Please advise how to send them as I understand it should be unblocked on any part.

Many thanks

S

[Undercover Elsa]

Re: 1st Credit - please help

Hi Chumbers
If the account is still on hold I wouldn't send anything yet.
When you do, I would stick to the missing prescribed terms template. There's a fine line between telling them they haven't fulfilled your request and revealing the exact problem. Things like that should be kept up your sleeve in the event they take you to court.
The charges can be a point of negotiation for a reduced F&F etc

I'd upload a copy of the agreement/T&C's to Niddy, see what he thinks. By unedited I mean don't blank out any details, name etc. As Cymruambyth says, it's completely safe. Here's the link:
http://forums.all-about-debt.co.uk/f...?do=form&fid=4

In the meantime let us know if you get another letter from them

Elsa x

[cymruambyth]

Re: 1st Credit - please help

When you join AAD+ you will many more letters. It is always best to follow these as they have been written with a view to covering all options so that you don't inadvertently say something which could affect you at a later date.
If and when you send any documents to NIDDY, you are asked to send them with nothing blocked out; he is the only person who sees them and it is totally secure.

[chumbers]

Re: 1st Credit - please help

Hi Elsa,

I had no idea there was another level of membership for a small subscription...!

Looks like it's well worth the investment so I will make an application to that for access to legal advice.

Regards,

S

[chumbers]

Re: 1st Credit - please help

Hi Undercover Elsa,

Did not send a copy to Niddy for checking. When you say unedited - do you mean the agreement they sent me in the post to Niddy via private message??

I agree they did not send a copy of the T&C's.

In the end - I did not send them the second letter as advised - but I got a reply from them stating the account and collection is on hold until they can clear any dispute. Interesting that they state the agreement is subject to the Loan Terms attached - and under Loan Terms there is nothing about passing to collection agents (not sure if this is relevant). They do state in another section that the account is subject to the Personal Banking Terms and Conditions. However, they did not send these with their CCA request.

Last payment date was Nov 2013 - so no statue barred option here.... but they did offer me a 30% discount....

I don't mind paying the balance off but I need the excessive charges etc removed as these were unfairly applied. Is this the route I could take?

In the meantime - I will write to them and request a copy of the original T&C's.

Many thanks

S

[Undercover Elsa]

Re: 1st Credit - please help

Hi Chumbers
I've just had a look through your thread and I see that 1st Credit did send a response to your CCA Request which was only received at the end of April, otherwise we'd have suggested sending another CCA Request.

From the doc you attached they consolidated your debts into one joint loan account in August 2007.
Did you send an unedited copy of the agreement to Niddy for checking?

I can only see the original signed agreement - did they send a copy of the terms and conditions as varied at the time the account was terminated?
If not then they haven't completed your request and the template to send would be Missing Prescribed Terms: http://forums.all-about-debt.co.uk/s...l=1#post489180
(You need to be an AAD+ member to access the templates: http://forums.all-about-debt.co.uk/aad-members.php)


Elsa x

PS: When was the last time you made payment on this debt?

Edit: For easy reference, the post with the CCA attached is here>>http://forums.all-about-debt.co.uk/s...l=1#post499482

[chumbers]

Re: 1st Credit - please help

Ermmmm - not sure you've sent the right letters. We have templates that are proven to work.

Pls advise on the correct letter - I've not sent the second letter yet and can use the template one.

Thanks

S

[Never-In-Doubt]

Re: 1st Credit - please help

Ermmmm - not sure you've sent the right letters. We have templates that are proven to work.

[chumbers]

Re: 1st Credit - please help

Hi all,

I received 2 letters, one dated 11th May, the other dated 18th May. I attach both letters and have responded to their letter dated 11th May which appears to have crossed paths in the post with their letter dated 18th May.

20150511 edit 2.pdf

Here is my response to the letter dated 11th May:

---
Thank you for your letter date 11^th May 2015 – this is incorrect and you have not written to me on numerous occasions.

I am officially placing this debt in dispute due to the following reasons:

1. The origin of the debt is unclear to me and I wish to clarify this origin before offering a payment plan. This was also requested with 2 previous collectors who failed to provide this information.
2. In addition to the amount claimed, please note that the majority of the debt is in fact excessive charges that should not have been applied to the account in the first instance.
3. You are also addressing your correspondence to Mrs XXXX – this debt does not in fact belong to her and this is incorrect, unless you can prove the whole of the debt belongs to Mrs XXXX, which it does not. HSBC have mistakenly claimed this.

If you can calculate the correct amount I am happy to settle the balance as I cannot afford to pay the debt off in a lump sum due to being on a low income. Please note that I am also in receipt of state benefits and are classed as a ‘low income’ household.

The entry on the credit files is also incorrectly entered. If this affects our ability to obtain credit, or impairs what we would have otherwise enjoyed without this entry – I will have no option but to seek damages and compensation with interest.

I look forward to hearing your thoughts within the next 14 days.

Yours faithfully,
----

20150518 edit.pdf


Here is my response to their letter dated 18th May which is going out tomorrow;

----

Thank you for your letter dated 18^th May 2015 and the generous discount offered.

I am not in a position to offer settlement of the amount of £9827.51 offered as I am still unsure about the origins and ownership of the debt and I do not have any amount of savings.

Please see my request of 15^th May as below which was sent by ‘signature required’ delivery;

I am officially placing this debt in dispute due to the following reasons:

1. The origin of the debt is unclear to me and I wish to clarify this origin before offering a payment plan. This was also requested with 2 previous collectors who have failed to provide this information.
2. In addition to the amount claimed, please note that the majority of the alleged debt is excessive charges that should not have been applied to the account in the first instance.
3. You are also addressing your correspondence to Mrs XXXX – this debt does not belong to her and this is incorrect, unless you can prove the whole of the debt belongs to Mrs XXXX, which it does not. HSBC have mistakenly claimed this.

This is NOT a refusal to pay - If you can calculate the correct amount I am happy to settle the balance on a monthly basis as I cannot afford to pay the debt off in a lump sum due to being on a low income. Please note that I am also in receipt of state benefits and are classed as a ‘low income’ household.

The entry on the credit files is also incorrectly entered on both Mrs and Mr XXXX along with the incorrect amount. If this affects our ability to obtain credit, or impairs what we would have otherwise enjoyed without this entry – I will have no option but to seek damages and compensation with interest.

I look forward to hearing your thoughts within the next 14 days.

Yours faithfully,
----

Any views and comments would be most welcome.

Many thanks

S

[Pixie]

Re: 1st Credit - please help

Hi Pixie,

I don't think they can as it's just the page numbers and the date..... and yes, I did sign the paperwork! The account disappeared off my credit file early this year and has not re-appeared.

Sorry if I wasn't clear. I meant the numbers on the original where it says "Page 4 of 5". There's a 10 figure number on the left and an 8 character code on the right.

In terms of Niddy's question, the original loan agreement came from a personal loan (which was used for business and they knew it - to purchase a van), business account overdraft facility, personal overdraft facility, and master card balance. They amalgamated all these in approx. 2005 into a single managed loan of approx. £20K when I struggled and called it a day with that particular business.

I used to pay an amount towards that but was struggling financially and missed a couple of payments. In 2007, they re-packaged a much smaller O/D and the rest of the managed loan on a monthly plan (without hardly any interest) after managed debt advisors took me down the road of defaulting on everything. From this point, it went over to the debt collection agencies.

Hence, there is a mixture of sources by which this is made up - which is business and personal.

Sorry I don't have any knowledge about this type of loan so I can't help but someone should be able to.

Any advice would be most grateful - not looking to avoid what's reasonable and if it means coming to some agreement, then so be it. I am just not sure if they can enforce the agreement, whether it's legal and whether it's possible for me to default again on the same debt as I don't want to risk more credit punishment than I have had previously. If I come to an agreement, will it show on my file?

Many thanks

It's one default per debt.

I'm not certain but I don't think an arrangement will show on your credit file once the debt's been defaulted.

[chumbers]

Re: 1st Credit - please help

Hi, I'm not sure if the numbers on the bottom of the page that says "Page 2/7 Restricted" (the actual agreement) could identify you.

I don't think that the debt would be written off as such, maybe just that Metropolitan had decided not to continue trying to collect it.



From the documents it seems that you did sign but could you answer Niddy's first question?

Hi Pixie,

I don't think they can as it's just the page numbers and the date..... and yes, I did sign the paperwork! The account disappeared off my credit file early this year and has not re-appeared.

In terms of Niddy's question, the original loan agreement came from a personal loan (which was used for business and they knew it - to purchase a van), business account overdraft facility, personal overdraft facility, and master card balance. They amalgamated all these in approx. 2005 into a single managed loan of approx. £20K when I struggled and called it a day with that particular business.

I used to pay an amount towards that but was struggling financially and missed a couple of payments. In 2007, they re-packaged a much smaller O/D and the rest of the managed loan on a monthly plan (without hardly any interest) after managed debt advisors took me down the road of defaulting on everything. From this point, it went over to the debt collection agencies.

Hence, there is a mixture of sources by which this is made up - which is business and personal.

Any advice would be most grateful - not looking to avoid what's reasonable and if it means coming to some agreement, then so be it. I am just not sure if they can enforce the agreement, whether it's legal and whether it's possible for me to default again on the same debt as I don't want to risk more credit punishment than I have had previously. If I come to an agreement, will it show on my file?

Many thanks

[Pixie]

Re: 1st Credit - please help

Thanks SXGuy.