Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #101
    Basic Account Holder karenr31 Novitiate

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    Default Re: Help needed - joint credit card which was originally with citicards

    Hi, we were paying more than we could really afford and we originally asked 1st crediticon to continue with p/m arrangement and they refused,

    we offered between the 2 acounst nearly 55PCM but this was refused as you will seee in previous posts.

    if we wait on the cca from 1st credit
    can they take court action before this is supplied if we do nothing?

    we are also still waiting on the SARicon from citi and have sent the failed SARicon letter .

    we have heard nothing from 1st credit since they replied to cca saying they were contacting their client opus to obtain this.

    thanks


  2. #102
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    Default Re: Help needed - joint credit card which was originally with citicards

    They should not be able to take court action without the presence of a correctly issued agreement.

    They would also have been required to follow other pre action protocol eg.. valid Default Notice, termination notice (assignment notice - if 1st crediticon have purchased the debt) , letter before actionicon.

    If there is a valid unresolved dispute in progresss then the courts will not look kindly on the claimant.

    The fact that they refused to continue with a pre arranged payment agreement would not look good either.

    I am rather puzzled as to why they say they will need to contact "their client".. If they have been assigned/purchased the debt then it is theirs.. they are the owner and as such have no client.

    If they are acting as agents for collection only then TBH, they simply had no right to refuse the arrangement that was in place.

    You need to find out for sure WHO owns the debt.

    Send the letter below to 1st credit - that will give you some breathing space because you are simply requesting proof that you are required to send money to them and not the previous company

    Draft request for assignment - Amended Draft.pdf

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  3. #103
    Basic Account Holder karenr31 Novitiate

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    Default Re: Help needed - joint credit card which was originally with citicards

    Hi, the debt was assigned from opus to 1st crediticon and we had letter of assignment,
    1st credit say they own the debt and have updated crf file and added a default.

    you will see in previous post the letter they sent me when we req the cca,
    it is very strange that they refer the cca to their client and that is one of the rerasons for the SARicon to citi and cca req to 1st credit
    as normally if they say their client they dont own the debt,

    as dx says something fishy going on.

    just going to wait on SARicon and wait on cca from 1st credit although now over one month since cca to 1st credit
    and still no reply other than they have req the info from opus their client. thanks


  4. #104
    Basic Account Holder karenr31 Novitiate

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    Default Re: Help needed - joint credit card which was originally with citicards

    Hi , just to update, we have still had no other response from 1st crediticon in over a month
    since they stated that they were req cca from their client! opus,

    do we just sit and wait?

    also after reading other posts on here im a bit worried if they can issue a statutory demand whilst we are waiting on the cca or the SARicon from citi,
    can they make me sell my home to pay the debts owed?
    or am i just panicking?

    any advise would be appreciated .thanks


  5. #105
    Basic Account Holder karenr31 Novitiate

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    Default Re: Help needed - joint credit card which was originally with citicards

    any advise guys please. thanks


  6. #106
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    Default Re: Help needed - joint credit card which was originally with citicards

    no they cant

    sit tight

    dx

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  7. #107
    Basic Account Holder karenr31 Novitiate

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    Default Re: Help needed - joint credit card which was originally with citicards

    Thanx dx u always put my mind at ease.


  8. #108
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    Default Re: Citi-Opus-1st credit - any advice please

    Hello, just an update.
    can anyone tell me if this is what is expected from a CCA Requesticon ,

    today recd a letter from 1st crediticon saying we enclose a true copy of cca ,

    we recd cca saying creditor Associates capital corporation and whats looks like a credit agreement ,
    no signatures, and no credit limit , not sure if this is same company as citicards?

    also a cca sent from opus enclosed with acc number , credit limit zero and again unsigned.

    can anyone advise if this is what is expected from a cca as it appears just to be a set of terms and conditions and nothing signed .

    also if this is correct do i just write to 1st credit stating what i will pay and do they have to accept this without sending income details. thanks again.


  9. #109
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    Default Re: Help needed - joint credit card which was originally with citicards

    Hello, just an update.
    can anyone tell me if this is what is expected from a CCA Requesticon ,
    today recd a letter from 1st crediticon saying we enclose a true copy of cca ,
    we recd cca saying creditor Associates capital corporation and whats looks like a credit agreement ,
    no signatures, and no credit limit , not sure if this is same company as citicards?

    also a cca sent from opus enclosed with acc number , credit limit zero and again unsigned.

    can anyone advise if this is what is expected from a cca as it appears just to be a set of terms and conditions and nothing signed .

    also if this is correct do i just write to 1st credit stating what i will pay and do they have to accept this without sending income details. thanks again.


  10. #110
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    Default Re: Citi-Opus-1st credit - any advice please

    you never ever send anyone income details!! only a JUDGE can demand that info

    not some tinpot trumpeted up DCAicon that have

    NO LEGAL POWERS!!

    what you have is a recon CCA.


    prob no good in court

    dx

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  11. #111
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    Default Re: Citi-Opus-1st credit - any advice please

    hello dx,

    It says we enclose a true copy!

    do you know if associates capital corporation is the same as citi?

    what would you suggest we do now?

    as they state its a true copy
    how would i know if it was ?
    as nothing signed and no credit limit either,

    would a CCA Requesticon have payment made etc
    as they have just put amount owing!

    Is there another letter we can send or do you think we will get nowhere and just have to pay what they say?

    thanks again.


  12. #112
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    Default Re: Help needed - joint credit card which was originally with citicards

    Karen, are you able to scan in and post up what they have sent to you ?

    From what you describe, it doesnt appear that they have complied with your request.. but it is difficult to confirm one way or the other without seeing.

    Some instructions for uploading docs below...

    Dx100 – Instructions on uploading pdfs

    scan the required letters/agreements/sheets
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    goto one of the many free online pdf converter websites
    convert the image to pdf format.
    or ir you have PDF as an installed printer drive use that
    open a new msg box here
    hit go advanced below the msg box
    hit manage attachments below that box
    hit the add files button on the top right
    hit select files, navigate to your file[s] on your pc
    hit upload files
    NB:you can set where it goes in the post by hitting insert inline.
    the hit reply button


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    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  13. #113
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    Default Re: Help needed - joint credit card which was originally with citicards

    hello, will get help and post up later today. thank you.


  14. #114
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    Default Re: Help needed - joint credit card which was originally with citicards

    Hi Karen
    I am still waiting for CCA from 1st crediticon. I previously requested SARicon from Citi cards but Opus responded with 2 sets of agreements (Progressive Credit and Associates) and are just as you say t&c's (reconstructed) with no signatures or dates and a set of statements. Have you received the SARicon yet as this shows payments - in my case a full set of monthly statements 2006 - 2011. If I've got this correct Progressive Credit took over from Opus (CCAM) who took over from Citi Cards which was previously The Associates.


  15. #115
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    Default Re: Help needed - joint credit card which was originally with citicards

    hi alan, im still waiting on the SARicon but have been assured from citi being done, will be posting up what 1st crdit sent me today. not sure what to do next but will see what the forums says to what was sent from 1st crediticon before making any decisions.Have u been paying 1st credit? i refused until cca recd .thanks


  16. #116
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    Default Re: Help needed - joint credit card which was originally with citicards

    modified cca.pdf Hi

    Here is a pdf that my son made of the documents they have sent us. All documents where scanned. Amounts and identifiable details removed. No statements of accounts were enclosed and nothing showing a signatureicon of any kind. what do we do now?


  17. #117
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    Default Re: Help needed - joint credit card which was originally with citicards

    well for a start those T&c 's are from 2010

    was the application online

    if not thats not a cca either then!

    total wubbish!

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

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    1. Single Premium PPI Q&A Read Here
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    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
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  18. #118
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    Default Re: Help needed - joint credit card which was originally with citicards

    the first one sent is dated at top 2002 from associates, the second one for opus dated 2010 i think when account changed to opus from citi cards.
    what do you suggest in our response to 1st crediticon?

    should we have recd payments etc with the cca?.

    the applicatio was not online and was in approx 2002/2003 not exact on dates
    and was with citi which i understand was part of the associates group.

    i didnt think this was a true cca but not sure and would it have shown a signatureicon.

    i have 14days to respond to 1st credit.

    thanks again


  19. #119
    Basic Account Holder 57alan0 Novitiate

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    Default Re: Help needed - joint credit card which was originally with citicards

    Karen

    The agreements I have receievd are very similar with the exception of The Associates one has 0395 01 06 2001 Associates MAR & EMG at the top. Looks quite different to a signed one from 2002 although APRs match - they are different to yours. The Opus one is also from 2010 with different APRs. 2010 is when Opus took over from Citi.

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  20. #120
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    Default Re: Help needed - joint credit card which was originally with citicards

    Hello, can anyone advise on how i should respond to the cca recd from 1st crediticon please.thanks



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