1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

[crystal clear]

(mods I originally posted in welcome consumer board but posted here as I think I posted wrongly please remove duplicated thread if I am in the wrong place)

I would be grateful if someone could advise a course of action, The brief being I defaulted my MBNA credit card back in 2006 and then got approached in 2007 by 1st credit saying they had taken over my £10,000 debt so I promptly sent them the £1 postal order and requested my signed credit agreement I seem to recall getting some little snip of unreadable copied paper. I didn't consider this anything that resembled any kind of credit agreement so continued to send my nominal payments every month to MBNA as was agreed.

1st credit have been sending annual statements and offers to reduce full payment but being a single mum with a mortgage I have never had the available money to meet there offers although I have been trying to save in the hopes I would be in a position to do so before April 2017 when my mortgage is paid off and I have a small insurance policy due as well, I could have cleared all my outstanding debts with f&f offers.... If I cant stop 1st credit going down the route of bankruptcy I would lose everything I have fought so hard to keep on an even keel all these years.

back in 2004 I was involved in an accident that put me out of work for 3 years so I had a lot of things to pay out and couldn't keep up with things so what wasn't covered on insurance I had to reduce to nominal payments.
I stated working again in 2007 but only 20 hours a week and got tax credit top up in 2010 that 20 hours increased to 30 hours I only earn £210 and 1st credit want a statement of my income and expenditure to look at rescheduling new payment terms ....... All this time I have never corresponded with them and I kept my payments going regular to MBNA but I not sure what to do now.

If anyone could help point me in a correct direction of what I should or shouldn't do or if you need further information I would be only to glad to hear asap. I cant eat sleep or think straight my nerves are so on edge with fear they will force me into bankruptcy now and put me and my pregnant daughter on the streets.

kind regards
crystal clear

[Kati]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

Please try not to worry ... you'll get lots of advice here :nod:

I'll tag [MENTION=55034]nemesis45[/MENTION] for you. He'll be more than willing to help xx

[crystal clear]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

Thank you for your kind reply.
I cannot help but worry though I have always paid my debts and having these defaulted (although no longer in credit file ) debts hanging over me has always concerned me. I do currently have the £1 postal order ready and waiting should I have to request the copy of my credit agreement again and anything else.
I also thought maybe I could re-mortgage again to pay them off a f&f figure but that also sets me back further into debt when I was working so hard to get out of it. my wage isn't brilliant I am not even sure I would get enough to consolidate my current bills and the defaulted ones of the past without over stretching myself. And I fear I have to much equity in the property that its the easiest target to force me into Bankruptcy... everything possible is going through my head at this time wondering how on earth I can resolve this for the best outcome before losing my home.

Crystal clear

[nemesis45]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

Please try not to worry ... you'll get lots of advice here :nod:

I'll tag @nemesis45 for you. He'll be more than willing to help xx

Good morning [MENTION=49370]Kati[/MENTION] Thank you nemxx

[nemesis45]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

Good morning Crystal, responding to a nudge from [MENTION=49370]Kati[/MENTION]

We have an MBNA Credit Card defaulted in 2006, which month please?

1st Credit involved in 2007, and CCA request inc. £1 fee paid non compliant
alleged agreement supplied. Do you still have this.

Has 1st Crudit actually threatened BR? No threat of County Court Small claim.

For info 1st Credit have been censured in the past for using statutory demands ( 1st step in the BR Process) as a means
of debt collection without the intention of following the process through to BR.

When exactly was the last payment made on the account ( to any company)?

nem

[Nibbler]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

so continued to send my nominal payments every month to MBNA as was agreed.

1st credit have been sending annual statements

1st credit want a statement of my income and expenditure to look at rescheduling new payment terms .......

All this time I have never corresponded with them and I kept my payments going regular to MBNA but I not sure what to do now.

So you have never paid 1st Credit, and have kept up token payments to MBNA to the present date?

Do the annual statements sent by 1st Credit show those payments to MBNA?

[crystal clear]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

We have an MBNA Credit Card defaulted in 2006, which month please? Not sure without looking back on old credit reports

1st Credit involved in 2007, and CCA request inc. £1 fee paid non compliant
alleged agreement supplied. Do you still have this. - I do have but would take a while to locate as kept everything but my filing at time wasn't great due to suffering very severe anxiety and depression

Has 1st Crudit actually threatened BR? No threat of County Court Small claim. The letter is stated as I put in post header. They want a full I & E form filled in to reassess if I can pay more.

For info 1st Credit have been censured in the past for using statutory demands ( 1st step in the BR Process) as a means
of debt collection without the intention of following the process through to BR.

When exactly was the last payment made on the account ( to any company)? I paid £1 on 1st dec to MBNA as I do on every month never 1st credit

nem

[MENTION=55034]nemesis45[/MENTION]
Hope my answers help!

[crystal clear]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

So you have never paid 1st Credit, and have kept up token payments to MBNA to the present date?

Do the annual statements sent by 1st Credit show those payments to MBNA?

I never acknowledged 1st credit although they send annual statements but they list all my payments received I make these to MBNA on the original reference I had for MBNA

[Nibbler]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

OK, so as they are aware of and are in receipt of all the payments, there are no grounds to argue a case for it being statute barred.

So looks like main area of contention is the CCA. As said, if you can show us that and info provided with it, with personal info redacted, that would be great.

[crystal clear]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

Thank you for your reply ...... Although I know I have had this sparse info or a form of reply to my original CCA request. At this time I really have no idea where it will be and could take quite a while to locate as I have boxes and bags of paperwork in many places.
I wonder would It not be quicker to request again along with the letter of assignment and anything else I need to request like access to my data they hold.
I know they want me to fill in the I&E form and I was thinking maybe I would be as well reluctantly seeing into getting a 2nd mortgage to clear up my current credit bills so I only have essential outgoings going out because they wouldn't look favourably on me paying credit ( this came about from trying to make ends meet when I was first out of work sick although my cards were covered on insurance I needed to use the credit to live over those years and since being in work again have just been paying them back off) I am just trying to think of all the best scenarios I possibly can in order to be in a position to save my home and clear all my bills as I planned to do in april 2017 when mortgage would be paid and insurance policy due. A member of family has even offered to lend me £1,500 until my insurance comes due if they would consider that a f&f payment. What are your thoughts on any of these routes ?

crystal clear

[Nibbler]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

You can always CCA again if that is easiest.

[crystal clear]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

Ok I can CCA again should I also request anything else like I mentioned above?
copy of transfer or access to data they hold ? and are there forms available I can download on here would you know as the forums have changed a lot since the last time I needed to download anything I am lost.

crystal clear

[Nibbler]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

F&F to close it is a possibility, but I would imagine you may have more leverage once you have whatever they consider a CCA in your hands if it comes to negotiating one.

[nemesis45]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

@nemesis45
Hope my answers help!

OK, an normal review of payment level/ time scale 1st Credit
do one thing right the regular statements as required and regular
reviews.
One problem is 1st Credit also regularly does " soft searches" on credit
files when reviewing accounts and any perceived " improvement " in financial status
will result in the situation you have now.

Two choices really, ignore the request for the I & E statement which could prompt
them to issue a claim, or make the statement for your own use first to see what disposable
income you have to pay creditors.

nem:santa2:

[crystal clear]

Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!

The CCA and £1 postal order have been posted recorded delivery this morning.
Does anyone know what is the absolute minimum information I need to get in reply to my request. I ask because I only ever recall getting a small snippet of photo copied paper that wasn't really legible?

crystal clear