1st Credit chasing old Citi Loan

[DCAHell]

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?

[silverfox1961]

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

[blipvert]

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.

[silverfox1961]

excellent advice. Far more succinct than i said lol

[creditcardmug]

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

[postggj]

quick question

 

if the dca send the notice of assignment, ill bet its on there own headed paper

 

i take it you can demand the original copy before dealing with the dca, and that until the dca comply, they would still be in default of your cca request

[DCAHell]

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.

[creditcardmug]

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?

[blipvert]

having read this thread again, (imho) everything hinges on the CCA.

[postggj]

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

[creditcardmug]

In a word yes

if said to you you owe me 1k, pay up now without anything to substantiate it would you pay me, i think not!

[DCAHell]

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!

[DCAHell]

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?

[cymruambyth]

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.

[DCAHell]

Please can sombody help me, I have received page 1 and the signature box side of the agreement and they are asking me to confirm my signature on the cca -1st credit that is.

[sillygirl1]

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.....

[DCAHell]

I need to also add that they say in the letter they want me to confirm the signature before they send the full agreement and they have not sent to other document requested.

[creditcardmug]

Dont confirm anything..can you post up what they have sent, remove any personal details first.

[ScabHunter]

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

[DCAHell]

I will post a copy on here in the morning. I have no idea why they need me to confirm my signature!!

[42man]

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

[DCAHell]

Please see the attached, I have scanned a copy of the letter from 1st Credit and a copy of the agreement page they sent. Can you tell from what they have sent if it is enforceable? What should I do next?

 

DCAHell

 

1st Credit EDI.pdf

[42man]

It seems to have the prescribed terms...

[DCAHell]

Please can you tell me, how long do 1st Credit have to supply me with a copy of the CCA agreement?

[PGH7447]

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