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  • #1

    Claim form re 1st Credit

    Hi all, new here, and not sure where I should post this. I have a long running issue with 1st Credit, who were assigned a debt with Goldfish. I already had an agreement in place with Goldfish to repay a monthly amount and the interest was frozen, but 1st C wanted payment in full. At first they were very aggressive, but after some advice about how I should handle them they backed off. I asked for a copy of the original CCA which was a long time coming, and was virtually illegible so I requested another which never materialised. The assignment letter came from the same address as 1st C? I've now had a claim from Northampton County Court re Judge and Priestly, solicitors, claiming the whole debt, plus interest of 8% p.a. and now 2.17% per day (!) from 1/2/2012 until judgement or settlement.It says I have 14 days to reply to the solicitors or judgement may be entered against me. I thought they had to ask to court first? I'm in shock now with the amount of interest accruing. What should I do now - admit the debt and offer to pay something monthly, or dispute the interest they've added, or hold out for a new CCA. This has been going on since Sept 2008. I would be very grateful for any advice you could offer. Thanks
    Tags: 1st, 1st credit, 2012, address, advice, cca, cca 1974, claim, claim form, comi, county, county court, court, credit, debt, details, interest, letter, monthly, particulars of claim, personal, personal details, repay, solicitors, unenforceable
  • #2
    Re: Claim form re 1st Credit

    It's your choice if you wish to defend, but if you do, you should defend in full and on the basis that the cca is illegible and therefore unenforceable.

    Regarding the interest.
    If it states 8%, then that would seem they are trying to claim for statutory interest. Stat interest is not applicable to any agreement covered by the cca 1974, so they should not be awarded it. However, sadly many judges seem unaware of this and will grant it unless you specifically bring it up and dispute their right to both apply it and claim for it.
    -----------------------------------------------

    Happiness, is screwing over a DCA.......

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    • #3
      Re: Claim form re 1st Credit

      If you decide to defend the claim, you will need to post the Particulars of Claim (PoC) up, so you can be advised further on what to do. Make sure you remove all personal details.

      Alan

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      • #4
        Re: Claim form re 1st Credit

        Debtlady's not been back on since her first post..hope she's OK!

        Shep x

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