Thread: any advise reg citifinancial sold to hillesden

Originally Posted by Bigmac versus

Hi all and thanks for anyone who takes their time in reading this i will try and keep it short.

Had a loan through citifinancial which through unemployment stopped getting payed for the last 4 months of the loan.
Had letters from citi threatening legal action, replied saying as unemployed i couldnt afford to keep payments up, then heard NOTHING from them.
Started work again and asked for my credit report from Experian as i was refused a bank account at the time!
Found a default from Hillesden securities for £750 on my file, so as this site suggests i sent a CCA to them and got this reply within a week.

1/ Awaiting copy of original agreement from citifinancial, when we get it so will you.

2/ If we are unable to get this we will supply a true copy of the document which will comply with section 77 of the CCA 1974.

3/ Hillesden Securities T/A Direct Legal & Collections aquired the account from Citifinancial Europe in March 2006 when the account was already in default.

4/ The terms of the original contract with Citifinancial permitted disclosure of account data to the Credit Reference Agencies and enabled Citifinancial to transfer their rights to a subsequent acquirer of the account.

1/ sounds ok.
2/ Think i have read that this does satisfy sect 77 however they would still need to provide a copy of the original agreement at court to enforce it.
3/ THIS DOSENT SOUND RIGHT AS CITIFINANCIAL DIDNT DEFAULT ME, HILLESDEN DID, WITHOUT A DEFAULT NOTICE BEING SENT TO ME OR ANY ATTEMPT TO RESOLVE THE AMOUNT.

4/ Sounds ok


ANY FURTHER ADVISE GIVEN AT THIS STAGE WOULD BE GREATLY APPRECIATED AS A LITTLE CONFUSED FOR NOW, I ACCEPT THE DEBT AND AS I AM WORKING NOW I WISH TO PAY IT, HOWEVER I FEEL THE DEFAULT WAS PUT ON MY FILE AND WAS DONE SO WRONGLY.

Sadly, it seems that default should be there...You defaulted The reason it shows as Hillesden is because when the Debt is sold, the DCA also take over the default (from the date you defaulted originally)..That's why it doesn't show as a default from citi... Is £750 what you owe, or has there been charges added to it? BTW If they can't comply to your CCA request, then they can't collect the debt..Be careful that they don't send you the incorrect document, trying to fob you off...Check back to the site when you receive something from them..

Originally Posted by Bigmac versus

Hi pmhcfc and thanks for explaining that for me, If it was put there by citifinancial then i will send them a cca and a S.A.R - (Subject access request) as i do not recall getting a default notice sent to me, Question is if they fail the cca request and the default notice dosent come back via the S.A.R - (Subject access request) then can i get the default removed in any way.

Technically, I think (not 100% though- you'l have to check) that if they're unable to produce the CCA then they shouldn't have issued a default in the first place. Personally, I'd CCA the DCA and send a SAR to the original creditors...If you want your default removed, you'd have to ask for that in your prelim letter that claims back your unlawful charges..