Debt Questions forum. General questions on debt issues.

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Bycooky01
#216963 Hi Folks, New to this site, however it looks very useful.

I've started to receiving letters from a company called 1st Credit Ltd, asking me for money £900 in fact; they report that it was from another address some years ago.

I use to have a girlfriend who owned this address, and I know she had an account with the TSB and added me onto it, i.e. signed my signature on behalf of me. Since then she went bankrupt and this dept was included with her bankruptcy. This is why I thought I'd seek advice before contacting this company, now they are warning me that they will pass this over to a solicitor etc, I have NOT contacted them as yet, and because I thought via doing this it would be like admitting that you are in fact this person.

The facts are the following.
I've never officially lived at the other address that the original debt started at. It was my girlfriend houses not mine.
I've had my own house for the last 20 years, which is a different address from the original debt.
I know the signature that she signed on this agreement was never mine.

So any ideas as to why options might be open to me.

Thanks in advance.
Byeverett
#216965 1st credit have purchased that debt for pennies.
What ever you do DO NOT MAKE A PAYMENT HOWEVER SMALL TO THEM.
They are grasping at straws.
There are a number of options you can take but you need to be a little more specific ie when was the last time you made contact , when you say TSB that sounds like it was many years ago.
Bycooky01
#216966 My Girlfriend then (This was six years ago) run up large debts, this was just one of them.

I personally have never signed up for anything with the TSB, However as you quoted, they maybe just trying it on.

It's not very nice to recieve such letters demanding money from me, when it was her account etc, however she signed me up as a secondary person, account holder etc.

Is there any template, document etc, I could edit, and then return to 1st Credit.? I just want them putting straight, however by doing this I don't want to take on her debt.
Thanks
Byeverett
#216982 If you are in England or Wales here is a template letter to send if you believe the debt is over six years old.
Make sure you send it by recorded delivery.


1 High Street,
Newtown,
Kent
R21 4RH

September 2, 2009

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

BY RECORDED DELIVERY

WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by
ourselves.
We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall
not be brought after the expiration of six years from the date on which the cause of action accrued.”
We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it
is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation
period”.
The last payment of this debt was made over six years ago and no further acknowledgement or payment has
been made since that time. Unless you can provide evidence of payment or written contact from us in the
relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any
court action against us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has
stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to
section 40 (1) of the Administration of Justice Act 1970”.
We await your written confirmation that no further contact will be made concerning the above account and
confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

Mr A N Other
Byeverett
#216983 If they can prove that it is less than six years then request a copy of the original credit report.
Enclose a payment for £1 ( by postal order only ) and again send by recorded delivery.

Here`s a template



1 High Street,
Newtown,
Kent
R21 4RH

September 2, 2009

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

BY RECORDED DELIVERY

Account No: 4563210025897412

Dear Sir/Madam

With reference to the above agreement, we would be grateful if you would send us a copy of this credit
agreement and a full breakdown of the account including any interest or charges applied. We understand that
under the Consumer Credit Act 1974 [sections 77-79], we are entitled to receive a copy of any credit
agreement and a statement of account on request. We enclose a payment of £1 which represents the fee
payable under the Consumer Credit Act 1974.
We understand a copy of any credit agreement along with a statement of account should be supplied within 12
working days.
We understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if
they fail to comply with the request for a copy of the agreement and statement of account under these sections
of the Act.

We look forward to hearing from you.

Yours faithfully

Mr A N Other
Byeverett
#216984 You could also ask for a Subject Access Request from them:

This is from the CAG forums.

A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards debt collection...You should send a £10 postal order with each one and address it to the Data Controller at each company (send recorded or guaranteed) they have to respond in 40 days






Data Protection Act 1998



Subject Access Request


Dear Sir/Madam

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.


2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency



3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.



4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).



5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.



6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.



7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998



8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.



9. Copies of statements for the entire duration of the credit agreement/s.



10.Termination notices

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

sign your name but put crosses through it so it can't be 'lifted'
Bycooky01
#216989 Many thanks Everett...That's just perfect...Might I ask one more question, having never purchased a postal order, If I purchase one from the post office do I have the option to leave the name blank?.

If this is not wise, how would I obtain the details of to whom do I make it payible to, without contacting this company...Does anyone know these details for the following company.
1st Credit Ltd
PO BOX 278
Reigate
RH2 7WB

Thanks again. :wink:
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