letter from 1st credit

[wiggers11]

Re: letter from 1st credit

thanks, will do, the original lender was lloyds tsb and the dca is 1st credit (read loads of bad sh*t about them on the net) balance is about 5k

[Never-In-Doubt]

Re: letter from 1st credit

is it worth waiting until they send me a stat demand and then send off the cca or send it off now ?

No you must do it now before anything legal MAY occur. They cannot start legal action for a ccj if you have a s.78 outstanding.

Send one ASAP - found in our template letters thread (on phone so can't link you I'm afraid)!

Regards your debt, who is the lender and the balance?

[wiggers11]

Re: letter from 1st credit

is it worth waiting until they send me a stat demand and then send off the cca or send it off now ?

[Never-In-Doubt]

Re: letter from 1st credit

Just send off the cca; they cannot take action against you whilst there is a lawful s.78 outstanding.....

[Never-In-Doubt]

Re: letter from 1st credit

thanks for the info, if they cannot produce the cca then i understand the debt is unenforcable is that correct?

Yes until such time they do find/create on. It's an indefinite thingy really...

[wiggers11]

Re: letter from 1st credit

thanks for the info, if they cannot produce the cca then i understand the debt is unenforcable is that correct?

[Never-In-Doubt]

Re: letter from 1st credit

Well as you kept paying there is no prospect of statute barred for the next few years.

I'd be looking to agree reduced payments or at least get the cca!

[wiggers11]

Re: letter from 1st credit

i have just received a similar lettter saying that they are intending to take legal proceedings blah blah blah as well as receiving a letter "notice of assigment of debt".

my story is that i defaulted on this agreement in 2004, at the time i agreed a payment plan with connaught collections, i kept paying up until 2010 when i had to stop paying due to financial woes.i heard nothing about it until last week when 1st credit started writing to me and phoning me demanding money.

is there anything i can do to counter their action and is there a realistic prospect of them taking legal action. the original default has fallen off my credit file.

any help would be appreciated.

[Never-In-Doubt]

Re: letter from 1st credit

Cheers y

[fedupwithcrap]

Re: letter from 1st credit

28/10/2004

this was the last payment to this particular debt and was one of the last ones we paid,

[Never-In-Doubt]

Re: letter from 1st credit

You'll be fine. I'll reply tomorrow. What date exactly did u last pay? If u have statements.....

[fedupwithcrap]

Re: letter from 1st credit

def certain. we are still with the same bank, and we have checked all the payments that came out that year and the next.

we was in the process of moving, we had sold our flat, we were planning on paying off the debts with the proceeds in december. the buyer pulled out one week before exchange but we decided to go anyway and rent the place out, that ended up going badly and the house got repossesed so we def had no money anyway to pay them

one of the free debt companies said as we were abroad dont worry about it, made loads of bad decisions at the time, but hopefully things are looking up now

[Never-In-Doubt]

Re: letter from 1st credit

Ok don't worry bout default for now. So you definitely paid in October 2004 - no mistake in that no? Be 100% certain

[fedupwithcrap]

Re: letter from 1st credit

we last paid in the october, how would i check when it defaulted, we moved to spain in the december, (was given some bad advice at the time and loads of crap happened when we was out there) and i always worry about checking my credit record, to be honest it wouldnt make pretty reading, and i read somewhere the DCAs know when you look at them.

[Never-In-Doubt]

Re: letter from 1st credit

Hi - you're 3wks away. Hold fire and on Monday I'll post details of what to do. Me thinks we gotta wait til middle of next week, 15th then send a prove it letter which gives them til 29th which they will miss - ergo by 1st November it'll be officially disputed meaning no formal action can be taken and by the way they gotta give you 14 days notice of intent to submit court action so it'd be impossible for them to do it before statute kicks in.

You've already won so long as your dates are right. When was it defaulted?