1st Credit Default & SB

[JustAboutMad]

Hi all to cut a long story short. I have a default from HFC from Feb 2006 hence due to disappear next month. I also have a default for the SAME account!! From 1st credit, same date also due to disappear next month.

HFC offered what was meant to be F+F settlement, I paid it then 1st credit started chasing for the other £600 a year or two later. I know I shouldn't have 2 defaults for the same account but i got sick of writing to them....anyway, amount outstanding to 1st credit is £600 default should disappear next month, I haven't heard from them for a while but I do not want them coming back to haunt me once my credit files are clean!

I wrote to them numerous times in 2008/2009 stating debt ain't mine and it ain't getting paid! I think the last time was September 2009. The CRA'S added notice of correction after NID did me a letter but they wouldn't budge on removing the defaults.

The last payment to the original HFC account (supposed to be F+F) was November 2006. So where do I stand with Statute Barred if I've never actually acknowledged the debt with 1st Credit in the first place?

[Riz]

Re: 1st Credit Default & SB

Usual rules apply. 6 years from the last acknowledgement or part payment.

[BBoo]

Re: 1st Credit Default & SB

Did the F&F specifically state they were not able to sell the remainder of the debt on to a third party?

[garlok]

Re: 1st Credit Default & SB

I think that is the crux of this Bboo thanks. All of this will depend on the exact wording of the correspondence which went on at the time of the full and final settlement.

May I ask as a first question JustAbout Mad, did the letter you sent very specifically mention any case law such as Penny v Cole 1602?

Was the payment made by you yourself or via third party cheque?

Did the original correspondence contain a letter from the creditor (HFC I think) which said that they agreed to the F & F?

Did that letter contain any mention of agreeing to a "partial settlement"?

Sorry to ask these things but the detail actually is crucial to your case. Once the the F & f negotiatioons are afoot then you NOT in CCA law you are dabbling in the Common Law of Contract and the issue of an adiitional defauly on the outstanding balance if it is not stitched up watertight is a very moot point.

regards
Garlok

[Never-In-Doubt]

Re: 1st Credit Default & SB

Hi again stranger!!

Don't worry about this, hold fire till November time when it'll be SB - if 1st Credit do get in touch, do not respond, instead send me a message and i'll sort it for you - nothing to worry about.

regards the other questions, it's not imperitive on this one as I very much doubt anyone will be coming back to haunt you, and if they do I will take pleasure in sorting them for you - it'll be fine. Just sit tight till Nov.

You've paid, you're in the clear. Just don't go contacting them, sit it out yea?

[JustAboutMad]

Re: 1st Credit Default & SB

Thanks Guys

So pleased to see your still on the game as usual NID

I will wait it out but just to clarify whilst the paperwork is still handy, OC was HFC in 2004, then passed to Capquest 2006, settlement was offered by Capquest, states "without prejudice, HFC as authorised us to offer to you an opportunity to clear your account by paying a settlement figure." Then goes on to offer 3 different figures depending on the timing of payment. I opted for the cheapest which gave me £600 off, ie the amount they're now chasing. I paid HFC direct in 2006, not Capquest, heard nothing for years then 1st Credit appeared in 2009!

I will return to this thread in November re advice with SB or sooner if they appear again!

Thanks all

[Never-In-Doubt]

Re: 1st Credit Default & SB

Ahh you're fine. There is no debt.

Just ignore them all the same. This will take a simple two second email to my contact at 1st credit and it's finished.

If you want closure email me the letter and proof of your payment and the 1st credit threat; I'll then email my contact and have confirmation it's dead before end of next week.

Or wait till November - which you do not have to do.

Upto you really?

[BBoo]

Re: 1st Credit Default & SB

Purely for the benefit of others who may stumble across this thread, had it been someone other than First Credit, the issues mentioned by Garlok at the start of this thread would have been extremely relevant. Please don't think you can ignore requests for money after a F&F - always check here for advice.

[Never-In-Doubt]

Re: 1st Credit Default & SB

Exactly. Our templates are the only ones out there that protect you in any F&F settlement as they're worded to cover all eventuality and acceptance by a creditor or dca means its dead, buried, finished at the point of payment.

Done deal so to speak.