1st Credit v Benadabec (Resolved)

[benadabec]

Type of account
Credit card

Date commenced
2001 (approx)

Approx balance
£7000

Date last paid
July 2010

Are you on arrangement or not paying
Not paying

Status
Default issued June 2011

08/2010
The account was originally with Robinson Way. I sent the CCA Request and £1 to them in 2010. They went back to Halifax requesting the agreement, then eventually closed the account and returned back to Halifax. The letter states that 'our client has been made aware of the reasons why the account is being closed and returned to them'.

11/2010
In November, CapQuest had the account and after an Account Sold in Dispute letter, they closed the account and returned to Halifax.

02/2011
Westcot then took over. After the Account Sold/Dispute letter was sent, Westcot wrote stating their 'client had no notes regarding a CCA request and you should contact them directly'. I was advised by Niddy to ignore.

Nothing was heard from Westcot again or Halifax until now when they assigned the account fully to 1st Credit. Because 1st Credit are 'unaware of any legally valid reason for non-payment' and ignoring the Account Sold/Dispute letter, they wish to commence Bankruptcy proceedings.

What is my next move?

[Never-In-Doubt]

Re: benadabec UE Diary

What is my next move?

Send this back to 1st Credit ---> Threat by Creditor - Threat-o-Gram Letter Before Action

[benadabec]

Re: benadabec UE Diary

Thanks Niddy. I've missed the Christmas posting dates now. So I guess it'll wait after the big festivities and go off early next week.

[benadabec]

Re: benadabec UE Diary

Well there's a surprise. After the other day's 'we want to make you Bankrupt' vibe, today I received a letter from 1st Credit with a totally different tone.

This one is titled 'Request for copy agreement' and to summarise, it says

We refer to your recent communication requesting a copy of your agreement. This document is held by our client and we will advise them of your request and arrange for the document to be sent to you ASAP.
On receipt of the copy agreement we expect you (ooh!) to contact this office immediately to arrange full settlement.

This is the response I expected initially to be honest, rather than the full guns a-blazing legal route attitude of the previous letter. Still, I'm happy for them now to take the stance of waiting for the agreement to (not) show and then bugger off. Seasons greeting 1st Credit - you

[garlok]

Re: benadabec UE Diary

Typical though, bully boy tactics first then when you don't capitulate, back pedal like mad just in case they have dropped their goolies.

regards
Garlok

[Never-In-Doubt]

Re: benadabec UE Diary

Keep us updated - good luck here

[benadabec]

Re: benadabec UE Diary

1st Credit are back and more tenacious and annoying than ever. This is the Halifax debt that was sold to 1st Credit in post #137. I initially sent the Account Sold in Dispute letter in December to which they responded hammer and tongs with Bankruptcy Proceedings Being Considered, then a few days later with a more considered Request For Copy Agreement follow-up.

The last letter from them said they had requested the documents from their client and will send to me as soon as possible. Nothing has been sent (as I knew it wouldn't) and now nearly 3 months later, 1st Credit are bombarding me with calls and I've had another Bankruptcy Proceedings Being Considered letter, stating they have written to me and yet the account still remains unpaid and to avoid proceedings I must agree to a payment plan straight away.

I will definitely be using the telephone harassment letter, but what is my best response? It really irks me that they've ignored that this account is in dispute, the last thing they sent was they were waiting for paperwork from their client and have started getting heavy handed again with threats. A$$holes!

[Deepie]

Re: benadabec UE Diary

1st Credit are back and more tenacious and annoying than ever. This is the Halifax debt that was sold to 1st Credit in post #137. I initially sent the Account Sold in Dispute letter in December to which they responded hammer and tongs with Bankruptcy Proceedings Being Considered, then a few days later with a more considered Request For Copy Agreement follow-up.

The last letter from them said they had requested the documents from their client and will send to me as soon as possible. Nothing has been sent (as I knew it wouldn't) and now nearly 3 months later, 1st Credit are bombarding me with calls and I've had another Bankruptcy Proceedings Being Considered letter, stating they have written to me and yet the account still remains unpaid and to avoid proceedings I must agree to a payment plan straight away.

I will definitely be using the telephone harassment letter, but what is my best response? It really irks me that they've ignored that this account is in dispute, the last thing they sent was they were waiting for paperwork from their client and have started getting heavy handed again with threats. A$$holes!

Send this .......>.... Threat by Creditor - Enough is Enough Response.....along with the telephone harassment letter

[benadabec]

Re: benadabec UE Diary

Thanks in 2 deep. I shall get this sent off today and hopefully get this monkey off my back...

[benadabec]

Re: benadabec UE Diary

Following up from post #154, I sent the Enough Is Enough letter to 1st Credit (re. Halifax account) back in March. They have completely ignored this letter and now passed onto Connaught Collections who have told me to settle this account immediately or proveide a reason for non-payment in the next 7 days (even though the letter is dated 7th May!!!).

They go on to say the Credit Bureau data shows I have sufficient assets to settle the debt (really?!!?!)

If they don't hear from me in the timeframe (by going back in time) the matter will be passed on to the Bankruptcy Department for an issue of a Statutory Demand under the Insolvency Act.

These guys, along with 1st Credit, will not go away. The Enough Is Enough letter states I will not respond until a valid agreement is produced. But these are a different DCA.

What shall I send off? Threat by Creditor- Threat-O-Gram Before Action? They're not taking no for an answer (at least 1st Credit aren't)

[Deepie]

Re: benadabec UE Diary

Following up from post #154, I sent the Enough Is Enough letter to 1st Credit (re. Halifax account) back in March. They have completely ignored this letter and now passed onto Connaught Collections who have told me to settle this account immediately or proveide a reason for non-payment in the next 7 days (even though the letter is dated 7th May!!!).

They go on to say the Credit Bureau data shows I have sufficient assets to settle the debt (really?!!?!)

If they don't hear from me in the timeframe (by going back in time) the matter will be passed on to the Bankruptcy Department for an issue of a Statutory Demand under the Insolvency Act.

These guys, along with 1st Credit, will not go away. The Enough Is Enough letter states I will not respond until a valid agreement is produced. But these are a different DCA.

What shall I send off? Threat by Creditor- Threat-O-Gram Before Action? They're not taking no for an answer (at least 1st Credit aren't)

I would send this-----------> ....Account Sold whilst in Dispute

[benadabec]

Re: benadabec UE Diary

The Account Sold In Dispute would be the one I'd normally send. However, I sent this to 1st Credit months ago, who ignored it and countless other letters, and 1st Credit said in their last letter

"if the debt remains unpaid, we will pass your account to Connaught Collections to issue a statutory demand"

So now 1st Credit have obviously passed this on, I wasn't sure if I should treat this as a new DCA or as an extension of 1st Credit and go with a heavier response?

As a point of note, the letter from CC says "we have been instructed by Halifax...." even though Halifax sold the debt to 1st Credit

[Deepie]

Re: benadabec UE Diary

The Account Sold In Dispute would be the one I'd normally send. However, I sent this to 1st Credit months ago, who ignored it and countless other letters, and 1st Credit said in their last letter

"if the debt remains unpaid, we will pass your account to Connaught Collections to issue a statutory demand"

So now 1st Credit have obviously passed this on, I wasn't sure if I should treat this as a new DCA or as an extension of 1st Credit and go with a heavier response?

As a point of note, the letter from CC says "we have been instructed by Halifax...." even though Halifax sold the debt to 1st Credit

Don't think the left hand know's what the right is doing..... I would still send Account sold..........To Connaught...

[benadabec]

Re: benadabec UE Diary

Also worth pointing out that on 20/12/2012, 1st Credit wrote saying they had contacted Halifax for the agreement, and on receipt of the agreement I should contact them to settle the debt. Obviously no agreement has been received but 1st Credit went ahead anyway and are trying the bankruptcy/statutory demand route.

Total and utter f@cksticks!

I'll send the ASiD letter tomorrow. Thanks in 2 deep

[greymatter]

Re: benadabec UE Diary

Hi Benadabec
post#161
Surely if the account is in dispute(No CCA provided) then a SD must fall at the 1st hurdle as a disputed account cannot be issued a SD,although the sh**heads do threaten this type of action.
Is this(threat) something that needs to be reported to FOS/OFT before they go any further.
It's a pity that the Courts don't charge a big fee to these time wasters for such threats/attempts.
This is only my thoughts and understanding and I am sure Niddy and the team will advise on this one.
GM