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1st Credit chasing old Citi Loan


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I recently was contacted by the above company, they sent a letter to my place of work!!! I called them and confirmed the correct address and to ask for the CCA and today I have received a letter from them saying that the document is retained by there client - Citifinancial and they have requested that they arrange for the document to be forwarded to me as soon as possible.

 

They go on to say that if my request includes a Deed of Assignment they refer me to section 136 of the Law of Property Act 1925 which says that the debtor is notified of the assignment of the debt in writing and not a copy of the deed. They also point out that Copy Statements are charged at £10. They have said that as soon as it is received I must contact there office immediately to arrange settlement of the debt. What on earth is that about?

 

The first letter they sent to me at work does not say that they have bought the debt, so can I assume that they do not own this debt now?

 

What do I do when I receive the CCA? Where do I go from there?

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Hi DCAhell,

From what i have been reading about worst credit, this is a phishing exercise.Do you know anything of the alleged debt?

If it is yours,you should have received a default notice from citi.

I'm assuming that when you phoned them you gave your home address. Even if it isn't your debt, they will now assume it is and chase you for it.

Once you get your CCA back, post it on here (minus personal details) and the experts here will have a look to see if it is valid.

Don't worry about statements as you could always SAR Citi. that costs £10 for the whole thing not just the statements.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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my experience with these chumps is if your'e new to the 1st crud experience they'll come on heavy and threaten all manner of things that are totally out of their jurisdiction. (bailiffs, attachment of earnings, bankruptcy, Sd's...blah blah blah). DO NOT speak to them on the phone, if they phone you, refuse to answer the security questions, if you can, records all calls. From now on, writing only. If you need any advice on letters received, scan them in AFTER removing personal details AND barcodes (which can be a unique identifier), Don't send a letter to them that contains your signature.

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excellent advice. Far more succinct than i said lol

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi and welcome, you have gone about this all wrong so far.

 

1 Send a CCA request by recorded enclosing a £1 PO do not sign just type.

 

2 Send a letter insisting on a Notice of Assignment, not a deed you are not entitled to that.

 

Do not send them £10

 

Make sure to say in your CCA request that the £1 is only to be used for the statutory fee for the request. tell them you are only prepared to correspond in writing at your home address (everything else will be ignored)

 

Remember the Golden Rules,

 

Do not speak to them on the phone

Dont sign anything (just type your name)

Do not speak to them on the phone

 

The CCA letter is in the templates letter N

 

Post back here with any queries/concerns

 

Regards CCM

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I took a loan out for about £4000.00 with Citi in about 2003/2004 and I missed a few payments when I started a new job that on paper paid me more than the job I had when I applied for the loan initially but less after I factored in travel costs and I struggled to make payments on lots of things at the time and my priority became my daughters and I' living costs. I remember receiving a default notice for about £170 but nothing more. 1st Credit are now saying that I owe them £6899.28, I do not agree that this is what is owed.

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You are entitled, and should insist on a "Notice of Assignment" from BOTH the OC and the DCA BEFORE you even consider paying the DCA anything.

 

Im not sure what your asking re the original copy, you need to say who you CCAd first, the OC or the DCA?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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ccm

 

say a dca is giving you hastle

 

you do a cca request to the dca and ask for a copy of the notice of assignment which you never received from the original creditor

the dca send one on there own headed paper,

as its not a copy from the creditor, are they still in default and can you tell the dca to bog off until they comply

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Hi and welcome, you have gone about this all wrong so far.

 

1 Send a CCA request by recorded enclosing a £1 PO do not sign just type.

 

2 Send a letter insisting on a Notice of Assignment, not a deed you are not entitled to that.

 

Do not send them £10

 

Make sure to say in your CCA request that the £1 is only to be used for the statutory fee for the request. tell them you are only prepared to correspond in writing at your home address (everything else will be ignored)

 

Remember the Golden Rules,

 

Do not speak to them on the phone

Dont sign anything (just type your name)

Do not speak to them on the phone

 

The CCA letter is in the templates letter N

 

Post back here with any queries/concerns

 

Regards CCM

Thanks for that, i will follow that advice!

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  • 3 weeks later...

I have heard nothing more from this company since my original post on 21 November. I have since sent them a recorded delivery formal request for the CCA and the postal order. I am scared that they will try and take further action. What should I do now?

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I would just wait and see what they next throw at you!

So far 2 battles with them; in one, eventhough oh had been paying them, once we requested CCA and then formal complaints procedure, they went quiet and withdrew everything.

The other one has been going on since May; I've had lots of threats and 'may' take actions. They have just asked how much I would pay:rolleyes:. I'm just counting down the 8 weeks before I make an official complaint.

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I would just wait and see what they next throw at you!

So far 2 battles with them; in one, eventhough oh had been paying them, once we requested CCA and then formal complaints procedure, they went quiet and withdrew everything.

The other one has been going on since May; I've had lots of threats and 'may' take actions. They have just asked how much I would pay:rolleyes:. I'm just counting down the 8 weeks before I make an official complaint.

 

You don't need to wait 6 months to make a complaint,once you have had their 'full and final' you can complain directly to the appropriate authorities.

 

You have to love the way they pick and choose which laws suit THEM.....

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They want you to "confirm" a signature BEFORE they send the full agreement??

 

This sounds very suspicious indeed. Are they just asking you to write and tell them that a certain signature is right, or are they actually asking for an example of your signature?

 

What do they want a signature for? If they are unsure of your identity, why are they sending you parts of agreements or application forms?

 

Don't do anything until you are sure of what they want and why they want it. The REAL reason, not the one they say.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to receiving the documentation requested

 

Regards

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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It seems to have the prescribed terms...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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The letter is 1st crapits standard template, making sounds has if you dont agree then you are commiting fraud, by not providing the info they are so desparate to get hold of, I just ignored it

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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