1st Credit CCA request (Citifinancial debts)

[canbrilla]

Hi

 

This is my first post on this forum and I just want to say hello to everyone and hope that you can give me some advice about the above company.

 

My credit card debt with Citifinancial, which I had been making reduced payments to, has been sold to 1st Credit. The debt is £1385.01. 1st Credit contacted me to say they wanted the full amount owing and wouldn't take the reduced payment I'd been making. I told them I couldn't possibly afford to pay it all at once and offered the payment I'd been making to Citifinancial. They refused.:o

 

The upshot is they have now issued me with a Statutory Demand, just to try to frighten me into paying I suspect! Well, they've no chance, as I've already told them.

 

I contacted CCCS about the Statutory Demand and they suggested writing to them and making payments anyway so that, if it did go to Court, it would be seen that I'd not ignored the debt. It's not my fault that 1st Credit won't accept payments. The lady I spoke to said that she didn't think it would go to Bankruptcy anyway, it's just bluff on 1st Credit's part. I understand that they've been sending out lots of these demands.

 

I'm really angry that they would go down this route before trying anything else.

 

Has anyone had any dealings with them, specifically a Statutory Demand and what happened?

 

Any advice would be gratefully accepted.

 

Thanks in advance.

 

canbrilla

[Mr lex]

Hi Canbrilla and welcome to the Consumer Action Group!!!

In the first instance it is a great idea to read some of the ‘Won’ threads in Dept collection forum here:-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

Take your time to read these, and save them to your favorites, they will be of great service to you as you progress with your quest

If at any time you are having problems navigating your way around the forums you can always refer to this section by Bookworm: -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

There is also a excellent A to Z guide thanks to Michael Browne here:-

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

Good luck with your quest, not that you need it now you have found C.A.G, and I am sure others will be along soon who have a greater knowledge than me.

Lex

[canbrilla]

Thanks Lex

 

I've been reading some of the threads on here and found them most helpful.

 

I'm going to write to 1st Credit and ask for the CCA and the Deed of Assignment. Is it £1 I have to send them for this information?

 

canbrilla

[itsamomentintime]

yes but send a postal order and do not sign anything

[Mr lex]

Hi Canbrilla back

 

I have found a very good thread here for you to have a look at :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/138302-1st-credit-no-cca.html?highlight=1st+credit

 

Lex

[canbrilla]

Thanks to you both, I'll take care not to sign the letter and make sure I send a postal order.

 

I'll take a look at the thread you mention Lex.

 

canbrilla

[canbrilla]

Hi all

 

I've typed out, and will send, a letter asking for the CCA from 1st Credit, after having received a Statutory Demand from them. That being the case, bearing in mind that I only have 18/21 days before they say they will take more action, am I right in thinking that I need not do anything else until I receive the CCA and that they are not entitled to take any further action against me, like enforcing the Statutory Demand, as I've put the account in dispute, until they send me the information I've asked for?

 

Look forward to your replies.

 

canbrilla;)

[Mr lex]

Hi Canbrilla,

 

As I understand it, After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

This was from a post by Curlyben a couple of days ago, who knows a lot more than me.

 

Hope it helps

 

Lex

[canbrilla]

Hi Lex

 

Many thanks for your reply.

 

Yes, I understand about the 12 days etc, but just wondered if, because they'd already issued a Statutory Demand, it would make any difference. Of course if they ignored my request for the CCA they could just go ahead with following up on their threat to file for bankruptcy, but I suppose that would be against the law, wouldn't it?

 

I'm not really worried, because if it came to the crunch I would just put my case before the Court and let them deal with it as they see fit.

 

I will keep you posted on the outcome.

 

canbrilla

[canbrilla]

Hi

 

Just a thought. As people on this forum have been asking DCA's for CCA's for quite some time now, it seems odd that the DCA's have not twigged and made sure that they have the necessary paperwork in place before contacting debtors regarding the debt they say they, the DCA's, have bought? Or am I crediting them with a modicum of sense? Or is it that they hope that not many, if any, debtors know that they are entitled to ask for and receive the CCA? It seems so strange to me that they still continue to NOT have the CCA's. Better for us tho'!

 

I hope that they don't have mine, but it would be just my luck that they produce it!!

 

canbrilla

[rory32]

First of all the people on these forums only represent a small (but ever growing) percentage of alleged debtors. Secondly the financial institutions have been very bad at either having a conforming copy of the agreement or keeping them (there seems to have been a general misinterpretation up until recently on the legislation regarding keeping documents). It's only recently that consumers have challenged this in any numbers. Thirdly the accounts have often been open for years before being passed to DCA's so there is often no paperwork (see reason number 2). It's obviously still financially viable for DCA's to not have all the paperwork as not enough people question this. DCA's are not thick, they are companies who are interested in bottom line profit and are largely unregulated. Only if their bottom line profit is heavily negatively affected will you see a major change in behaviour.

[martin2006]

It is highly unlikely that a dca would file for your bankruptcy for less than 1400 quid. They are simply trying to scare you into paying up in full asap.

These people are trained to do a job and that job is to get you to pay up as quickly as poss by whatever means they can get away with. There are regulations for how and what they can do but until TS take action against them they will carry on bullying you into paying.

One other thing, Refuse to speak to them on the phone and keep everything in writing but dont sign anything and dont admit you owe the debt. Very important not to admit to this or to make an agreement with them as the six year rule applies from the last acknowledgement of the debt.

[canbrilla]

Thanks for that rory, it explains a lot. I wasn't sure how long people had been requested CCA's, but it seems that it's not so long.

 

That's put everything into perspective.

 

canbrilla

[rory32]

Well when I say it's only recently that consumers have challenged the validity of the DCA's right to collect and request the copy of the agreement I mean the last 2 years or so, but it's still a minority of people.

[canbrilla]

Hi martin

 

I suppose I have admitted the debt as I've spoken to them on the phone a few times, but that was before I found this forum. I was unsure before where I stood legally, what they could or couldn't do.

 

They have asked me three times now if I can get the money from elsewhere, friends, relatives etc. I think that's not fair practice, would it not be fraud if I applied for a loan to cover this debt and said that I could afford to pay it back? I've said I would look into it, but actually had no intention of doing anything of the sort. They asked me again last week, this after I had received the Statutory Demand, said they would give me 7 days and would I phone them back. I will not speak to them again. If they ring, as I suspect they will, then I will tell them that a CCA request has been sent and to contact me only by letter.

 

I don't dispute that I owe the money, just not to them. Hope that they can't prove they do own it. They are just parasites (is that too strong a description, no I think not) feeding off the misery of others.

 

Anyway they won't get me down, I'm made of sterner stuff and now that I've found this forum I'm even more determined not to cave in to their demands.

 

canbrilla

[canbrilla]

rory,

 

It's a pity then that more debtors don't know about requesting CCA's, I certainly didn't have a clue. I thought that I either had to pay up, which i can't do in a lump sum, or face bankruptcy and maybe lose my home, which I would have fought against.

 

It's disgraceful the way the DCA's staff speak to and treat people. If that's the training they're given, then they ought to be ashamed of themselves for keeping the job. If they ever find themselves in the position of not being able to pay their debts, then I hope they get a taste of their own medicine!!

 

Rant over.

[rory32]

I suppose I have admitted the debt as I've spoken to them on the phone a few times, but that was before I found this forum.

Acknowledgement has to be in writing. Telephone conversations are not an admittance of the debt.

[rory32]

Has anyone had any dealings with them, specifically a Statutory Demand and what happened?

 

They issue these like confetti - normally through Connaught. Any SD's I have dealt with on these forums have been very straightforward to set aside. If you are a property owner I would always advise that you take the SD seriously and apply for a set aside. Are there any charges on the account? Did your receive a Default Notice? Did you receive a Notice of Assignment? Did you receive a Letter Before Action advising you that a Statutory Demand would be issued?

[MARTIN3030]

Have moved thread here.Keep it updated.

[canbrilla]

Hi all,

 

Thanks for your replies. rory, I received a default notice from CitiCards but I certainly don't remember a notice of assignment and I received a letter from their in-house Solicitors telling me that they MAY issue a Statutory Demand or a Final Charging Order, I don't think they could make their minds up which to go for. However, I will look for any other correspondence from them. That letter also said that if I couldn't pay in full I must contact 1st Credit. Pointless waste of time, they only want the full amount and wouldn't even discuss monthly payments.

 

The letter from 1st Credit with the Statutory Demand said that I had chosen not to contact them following the letter from LCS Solicitors and that I haven't paid the debt nor made acceptable arrangements for repayment. What is acceptable to them is not acceptable to me.

 

I'll try for a set aside but I don't know on what grounds I'd be able to do that, I don't seem to fit any of them!

I have the forms to set aside the Statutory Demand, is there any cost to this, but do I really need to send them if I've already sent a CCA request? Does that not put the debt in dispute so that they can't do anything? There again I suppose if they do come up with the CCA then they could go ahead.

 

canbrilla

[rory32]

I have the forms to set aside the Statutory Demand, is there any cost to this

No there is no cost for a set aside.

 

Are there any charges on the account e.g. late payment fee, etc? Usually Citi apply lots of these charges before pasing the account to a DCA and you can ask for the set aside on the basis that there are charges on the account and therefore the balance claimed on the SD is in dispute.

[canbrilla]

I'll have to look back on my last statement from Citi and see if there's any difference although I'm sure when I looked yesterday the amount was the same.

[canbrilla]

Unfortunately, it doesn't look as though they've put any charges on, so I don't really know what to do next. Do I contact the named person on the Statutory Demand and let him know I've sent a request for a CCA or wait and see what happens next. I don't want to jeopardise my house.

[PossVox]

Hi,

 

How was the Stat Demand served on you? Was it in the post? If so, was it by 1st or 2nd class?

 

Also, as further reasons to include on your set aside form, you could state that you have

 

a) Offered to make reasonable repayments that you can realistically afford and that these have been refused point blank

 

b) The account is in dispute as you have requested the CCA for the account and this has not been forthcoming

 

DO NOT CONTACT the person named on the SD.

 

You need to fill in the forms you've downloaded, take them to your local court to hand in and swear that the info on them is true.

 

It is free to do this and I, personally, found the court staff very helpful.

 

Hope this helps

 

PV

[rory32]

I'll have to look back on my last statement from Citi and see if there's any difference although I'm sure when I looked yesterday the amount was the same.

No I meant charges to the account that Citi have applied. Citi normally apply charges to an account for late payments or being over your credit limit for several months before accepting reduced payments or passing the account to a DCA.