hi everyone,

Story is I was made redundant and had a baby all in the same period of time causing great finacial stress as you can imagine.

Most of our financies were sent to various debt collection agencies. We contacted CAB for help and advise. Most companies have been ok with our situation and accepting proposals. However........

I have one debt formally with HFC bank passed over to 1st credit. These people are ruthless bullies. I have been plagued by stressful telephone calls from various people within their organisation. I have sent them letters through the CAB help and income and expenditure forms. They wanted £80 odd monthy from us I explained I could not afford this. They told me if i could not pay this amount they wanted the full payment. This was obviously not an option, they told me to get the money from a family member and then pay them back. I explained I did not come from a wealthy background and my family do not have that kind of money spare. They would not budge, they then told me they were going to take me down the legal route and place a charge on my property make me sell and get the money that way. I explained there was definatly not enough equity on the property for that as we have a mortgage and a secured loan. Again not budging I have lost countless hours of sleep and weight loss due to the stress this company have given me.

I eventually got a male on the phone who agreed (they proposed it not me) to pay £30 per WEEK. As I was terrified by this point I agreed to this. I payed the money via direct debit for a period of time then called them to say i could not afford to pay £30 could I reduce it they origonally said No then said they would reduce it to £20 per WEEK. nightmare but i agreed as this point I was ill with worry.

I had been paying this amount then asked if they could change the day to a monday instead of a friday, which was fine they did this..... NOW here comes the bit

22/12 - payment fine, 29/12 payment fine then they went to the bank to get a payment on the 2/1/09 (friday) causing the direct debit to bounce as I did not have the money in the account and I got charged £35. I instantly called them and the man i spoke to admitted they should have taken the payment on the monday he would sort but i was to call them on the monday 5/1/09 to pay the £20. I explained I may not beable to get the money as £35 was debited from my account and I still had to find the £20 to pay them (=£55.00, altogether to pay into my bank to pay) so i called back today to explain I could pay them on thrusday when i get paid, she said no I had defaulted on my aggreement and would have to pay £20 now i said i physically do not have that money and i could not pay also exlplained i would have to pay £55 into my bank due to the charges received to cover, i also told her it was their fault and i had spoken to someone on the friday she wouldnt let me get a word in said i had to pay the £20 now or my aggreement would default and they would be looking for the full amount.

I am genuinely scared again as i can not speak to these people they bully and use all "passing it to legal" "taking your house" "placing charges on your property" I have hardly slept since friday, i have a constant headace and am losing wieght with all of this.

I am taking responsibilty for my debts i have had hard times but i am trying to repay everyone back.

Please Help/ advise against 1st Credit...........

Thanks :-(

In your shoes I would speak to them and write to them to say that I was willing to pay the debt off at £20 per week, as had been agreed verbally by phone, with the payments being made either on Monday or Friday, with no strong preference, as long as it is clearly stated in writing what the agreement is and which day payments are to be made on. I would cancel the direct debit via the bank and I would tell them that I was doing this because of the problems caused by their mistake. I would also tell them that, once they have confirmed the agreement in writing, clearly stating the payment day, I would set up an automatic payment (but not a direct debit) for the amount on the correct day. I would state that, because of financial committments, you are unlikely to be able to make payments on days other than those agreed but, with a clearly stated agreement of either £20 every Friday or £20 every Monday (for the next x weeks), you expect to be able to make the agreed payments. I would then not make any further payments until I had the details in writing.

If you are sticking to your side of the agreement, they are unlikely to take you to court but, if they did, you could simply go along and explain what you had offered and what they had done.

If they phone you up again and threaten things that you are unsure of, you can state that, because of the mistakes/misunderstandings, you would prefer for all communications to be made in writing.

These are just my thoughts. You might also want to chat to a debt professional at your local CAB again about the matter.

Hiya, firstly dont panic, these people threaten you with all sorts but nothing they say is actually correct - i got told id be arrested if i didnt let a baliff in my house! Is this debt secured on your house? If not then this is what i believe/have been told/know: You have been making consistant payments, keep doing so even at a reduced rate as it shows willing to pay - if they try to take you to court they will not have a leg to stand on as you are willing to pay. They cannot take your house. They may send a 'door step collecter' to your house or a representative. These people have no power. Ignore them and dont let them in, also making sure they cannot wander in through open back door as this is classed a peaceful entry. Baliffs are just the same. Dont worry, really, just keep paying even if it is a partial payment. Because you have a child also they have to be very careful as you have to provide accomodation and the neccessities for that chils quality of life

hope it helps

Thanks for your reply.

I have looked at various sites and forums of problems with 1st credit and they all say the same thing. To ask for a copy of the CCA original credit agreement. As apparently this is a legal document they must hold to enforce the "said" debt. Also covering my point above. I have been bullied in to the £20 per week in the first place something i cannot really afford as my other debts need to be paid as well. I have sent them and income and expenditure stating my situation.

I never recieve any letters from them either confirming or disagreeing any arrangements it is all through the phone and being bullied.

Thanks for the reply.

I am not sure how "baliffs/ doorstep collectors" are legally set in scotland. However I dont think they would just wander into my house i have a big dog :-)

The debt is not a secured debt it was a personal loan taken out years ago. However I did ask them at the beginning to send me a statement as I thought the amount owed seemed a lot higher. The original loan was taken out for £5000 I repaid it for around 2-3 years of the 5 yr agreement before falling into difficulties. The amount passed to 1st credit was is the region of £5500 maybe more.

As said in my other reply also I was bullied into the amount to repay them with them using bullying tactics such as "charge on my property" and "forcing sale of property" that I agreed to the amount, however I really struggle with it and it means that other debts/ bills do not get paid on time etc.

"id be arrested if i didnt let a baliff in my house" yes, they say things like that. It is very important not to let them in to your property. They will often ask if there is a table to rest the papers on, or something similar. Once they have been invited in to your house once with your permission, they have a greater right to enter again another day without your permission. You should not invite them in but be firm, ask to deal with the matter in writing, on the doorstep or however you prefer. If they are threatening, tell them this and ask them to leave and/or put their points in writing.

In addition to yesterday......

Speaking to them yeaterday as you know i was told to repay this £20 immediatly as i would default etc.........Well the buggers have gone into my bank today and taken the £20 via direct debit. The person on the phone said i had defaulted and my arrangement was no longer in place!!!!!!!!!!!!!!!!!!!! And my arrangement is to take the money every monday not a friday or a wednesday!!!!!!!!!!!!!!!

I am now overdrawn AGAIN

Spoke to them again just now and had to call a few times as the first "charming" lady hung up on me said I was uncooperative!!!!! She reckons i owe more and they have a right to collect them money. I told her i had no written letter to say that i was in "arrears" or anything she said I was rude as I was not letting her speak and said she would note on the account I was un cooperative and hung up.

I immediatly called back and asked to speak to a manager, which i dont think i ended up speaking to. He was slightly better and said he could see the direct debit being applied for on the 2/1 and advised me to write in with my letter for the charges incurred at the bank and they would possibly refund them (dont hold out). I advised him another DD was coming out of my account today and it had caused me to be overdrawn again. I said i was thinking about going down the road of a Debt Man Plan.

He skipped the main bit and jumped onto they have already done a land search and can confirm I own a property and if I could not sustain a suitable arrangement they they agree to they would place a charge on my property and either force sell getting the equity to repay or make me bankrupt. My property is jointly owned by myself and my partner? Does this matter?

I advised that from the beginning of this being passed to them I have been a bit unsure about the amount owed and asked if they had the original credit statement from HFC and he said he could get it from his "client" I said he had just told me they had bought the debt so surely they are the client? I also advised I have never recieved any paperwork from them regarding my account payments made or agreements set. He said "lots" of paperwork had been sent out??? must be lost in the post all the time (i dont have that many problems with my post)

I think i am going to send away for the CCA? and go into a Dept man Plan????.

Hi,
I hope some one can help us, my partner took out a loan with the Halifax about 10 years ago, I think the original loan was for £5000, after a year or so Halifax phoned my partner and offered to increase the loan to £10,000 as intrest rates had gone down and the monthly payments would be pretty much the same!! Of course my partner said ~Yes. He paid this loan monthly for about two years and then defaulted. He went to our local CAB and they sorted out his finances and he has been paying £40 per month since then.
He received a few calls from 1st Credit and and told him that he has to pay the full amount and they wanted to take this payment over the phone. Of course he told them that he did not have the money and they asked if there was someone he could borrow off. (how absurd) he said that we have 7 days to pay in full (the amount they are looking for at the moment is £11,287.11) before he knew who they were they asked if he was working he stupidly told them that he was and that he is self employed, they asked what his earnings are and he told them that it was between £10,000 - £20,000. As far as he is aware he did not admit the debt.
I have also spoken to them and they have told me that if he does not pay this amount they will sent baliffs round! they also said that they would not be prepaired to carry on with the current payment plan with out security, they then asked if we own the house, i told them that we do. At the moment we are not really sure what our options are as we have been paying an amount since the first default.

Any help would be appreciated

hi there

I have read loads of these things about 1st credit and i am too looking for help. I think according to lots of different forums you should send away for a copy of the CCA for them to prove the debt.

then if they dont respond it can not be enforced. However if you are paying £40 per month on this i am pretty sure a court would not be in 1st credit favour as you are willing to pay. and have been paying!

Going by my experiences with 1st credit i am still as you have probably read having problems with them. They are hard work, constantly treatening an bullying. It is really hard to stay calm.

Do you pay by Direct Debit? I would carry on with the payment of the £40 regardless of what they say and apply to them for a copy of the CCA if you look back on the post that says "1st credit - legal or not!" it has lots of info on letters and Credit acts and advice on what you can say to them.

Tell them you want everything in writing,.

just be careful here - reason being they could say that you have admitted to the debt because you have been making numerous payments to them.

the letters regarding the CCA should have been the first step in the process - before you admitted to the debt.

regarding the charges - you can dispute these. i know that there is a new ruling concerning what debt collection companies can and cannot charge a client but im not too sure of the ins and outs of it. its something about what is deamed fair and unfair.

Georgie

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George

Thanks for your help. I have composed a letter asking for the CCA, hopefully will be able to sort something out

"they would place a charge on my property and either force sell getting the equity to repay or make me bankrupt" - they need to put the matter before a magistrate before they can do anything approaching that. If you've got an agreement with the creditor - which you have - and as long as you've been sticking to it - which you have - then the courts would just say that you should keep on with the agreement and stop wasting their time.

Just read this thread and couldn't resist replying!

Right 1st Credit are pond life, full stop. They will not get a charging order and they will not make you bankrupt.....if you fight them.

Firstly I am guessing you have set up a direct debit with them for the £20 pw? Cancel it now. With a direct debit, they can take whatever they like whenever they like. If you want to pay anything then set up a standing order as you control that completely.

Secondly, send the CCA request with a £1 postal order of now. This will shut them up and show that you will not be bullied into endless paying. Chances are they will not have an agreement and even if they do it won't be enforcable and if you argue loudly they will put you to the bottom of the pile and chase the 'easier' targets. I stopped paying them in Mar 08 after requesting a copy of my agreement. Have they done anything.......no, not even had a letter.

Thirdly, only pay them what you can afford (assuming they have the right to collect this debt; i.e. an enforcable agreement exists). Never talk to them on the phone and send them everything in writing, sent recorded first class signed for. They can huff and puff but just refuse to answer security questions and keep saying 'in writing please'. They cannot bully you in writing as you can then use it as evidence.

To recap, cancel the direct debit, send the CCA request of ASAP and relax.

Oh and making payments towards a alleged debt does not affect the CCA request only statue barred cases. Any money paid towards an unenforcable agreement is deemed a gift!