1st Credit issuing default on credit file?

[tedmaul72]

First post to the forum so I hope I'm in the right place.

 

I defaulted on a CitiFinancial loan in December 2008 with a balance of £3607. I dispute that balance - my calculations have it at £1400 - and I'm currently disputing that with 1st Credit whilst continuing to make monthly payments to them.

 

However, I've just received my credit file from Experian. CitiFinancial placed a default on my file on 31/12/08 for £3607. 1st Credit have also placed a default on my file for the same amount and the same date.

 

Can a default really be placed twice for the same account? Can a DCA place a default at all? How can 1st Credit claim I defaulted on any agreement with them when I never had an agreement with them? Moreover, in my email discussions with 1st Credit about the balance, they state they didn't take over the account until February 27 so how they can have issued a default for two months previously?

 

Thanks for any clarification anyone can give.

[Pinky69]

You cannot be defaulted on the same debt twice and you should contact the credit reference agencies to have 1st credit's default removed. You should also report 1st Credit to the OFT and the Information Commissioner for doing this as it breaches the Data Protection Act 1998. Why are you paying 1st Credit when the account is in dispute? Have you asked for a copy of your credit agreement to check if it is enforceable? because if it isn't you don't have to give 1st Credit another penny.

[tedmaul72]

Thanks for the advice, Pinky69. I will contact Experian to have the default removed and report 1st Credit to the OFT.

 

I'm paying 1st Credit because I'm only disputing the balance not the debt itself. I figure, perhaps incorrectly, that 1st Credit will still ask for some payment until the balance issue is resolved. They cannot claim, therefore, that I'm simply being obstructive.

 

I've written to Citi and 1st to resolve that issue and it may be that I revisit the issue of payments in the next few weeks if I receive unsatisfactory answers.

 

I have asked for a copy of the credit agreement though not for enforceability but to check for various 'add-ons/PPI' that I believe Citi tacked on to the account.

[cashins]

I'm paying 1st Credit because I'm only disputing the balance not the debt itself. I figure, perhaps incorrectly, that 1st Credit will still ask for some payment until the balance issue is resolved. They cannot claim, therefore, that I'm simply being obstructive.

 

I would check every aspect of this including enforceability as if you are trying to negociate a settlement, it will put you in a very strong position.

 

Bear in mind that 1st Credit are a parasitic company who go out and buy debts with the intention of milking the customer for all they are worth. They have also been investigated by the OFT and are only still allowed to operate under sanctions imposed by them.

 

If you have done a Sec 78 Request for a copy of the agreement and they have not provided the documents within 12 +2 working days, you can legally stop paying them.

 

David

[babybear39]

You really need a SAR from citi and a full statement of account from 1st crud for the time they've had their slimy hands on it.

 

The SAR will tell you if citi added any unfair charges which you can claim back.

 

Please do report them to the OFT as this is now a critical time as OFT have their eye on 1st crud

[sillygirl1]

I'd report 1st Credit to the OFT as they CANNOT place a marker on your file like that. It is quite clear in the OFT guidelines. Another black markk for them.

 

You might have to do this via consumer direct....

[babybear39]

You can either do it via consumer direct or use the complaints link on the OFT site...It says for organisations etc. but they do accept complaints from the public on that one

[tedmaul72]

Thank you all so much for your advice.

 

Complaint sent to OFT about 1st and SAR sent to Citi and 1st.

 

Thanks again.

[babybear39]

SAR to citi, request for a statement of account to 1st crud

[tedmaul72]

Just to follow up on this, 1st Credit have emailed to say that they are going to ask Citi to remove their default as they no longer own the account.

 

Seems a strange one. At least Citi, as original creditor, had some legitimacy applying the default. I don't see where 1st Credit got their legitimacy. I have emailed them to ask them this.

 

I'd be very surprised if Citi removed the default on 1st Credit's say-so.

[Halfangelhalftart]

Hey, I've had a letter from 1st Credit that states they "...have the same rights as Lloyds TSB to give information to credit reference agencies about the personal debt that you owe is respect of this account if: You have fallen behind on payments.." Is this true?

 

Anyhoo...this is a debt that originally defaulted in 1998 and so I began an IVA but my partner who I was doing the joint IVA with did a runner so it was defaulted. It was then taken up by Mackanzie Hall in 2000. it was taken over by Mackenzie Hall and I was paying them until I got wise via this website and sent a CCA request about 2 years ago which they didn't fulfil.

 

I am guessing that 1st Credit don't have the signed credit agreement either...we'll see. My main question tho is does the period to count for statue barred start from my last communication with TSB (over 10 years ago) or with Mackenzie Hall (only 2 years ago).

 

Any advice would be greately appreciated.

Thank you

 

Cara

Edited July 29, 2009 by Halfangelhalftart

[babybear39]

The statute of limitations only applies if there has been no payment or written acknowledgement for 6 years or more.

[Halfangelhalftart]

That's a bummer..oh well....I can't go down that route then. Thanks for the advice tho. I'll have to try for the CCA letter.

[tedmaul72]

1st Credit have responded with this bamboozler -

 

'We would clarify that once 1st Credit purchased this account on the 27th February 2009 all rights and duties relevant to this debt (including the requirement to register the default) were also assigned to us.

 

The necessity to issue the default notice lies with the company who owns the debt at the time of default. On this occasion it was CitiFinancial.

 

As the sums are owed to 1st Credit, we are legally entitled to register the default on your credit file.'

[babybear39]

'WE'????

[Pinky69]

Ask 1st credit for written evidence of where you gave them your permission to process your personal data and pass it on to credit reference agencies. Give them 21 days to do so and tell them if they have not provided the required evidence in that time you will make a formal complaint to the ICO.

[tedmaul72]

Just to update on this. Equifax instructed CitiFinancial to remove their default although they said 1st Credit's default was valid - a legal argument about 1st inheriting Citi's liabilities and responsiblities when they took over the debt including the requirement to register a default. A small victory perhaps.

 

I've just received some documentation from Citi, including a statement of account. My earlier confusion about the account balance is down to Citi applying £1,600 in charges to the account - around £400 in £10 monthly fees over the last 3 years or so and £1,200 in charges for declined/cancelled Direct Debits. Does anyone know if it is possible to reclaim these?

[babybear39]

Can't see why not...

[babybear39]

Write to inform 1st crud that the account is in dispute due to a charges reclaim