Jump to content

 

BankFodder BankFodder


Epsilon

DCA threatening CCJ - 1st credit & Citi financial

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1322 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I was first contacted by this DCA in 2008, with them claiming they had been assigned a credit card debt, totalling several thousand pounds. Unfortunately I reacted the way most people probably do by phoning them back as they request in their letter and what an awful experience that was. I did make a couple of payments but they demanded more and more and the threats mounted up. I was able to get advice from the CAB and also came across you guys at CAG. Thanks to you I sent off a CCA letter to which they never responded and a telephone letter, which at least stopped the phone calls. They responded by issuing a statutory demand and I applied to the court to have it set aside. Almost two years ago now, I attended court and they didn’t and so the action didn’t proceed any further.:-)

 

There has been the odd letter since then offering a discount if the debt is paid in full etc, but otherwise all stayed quiet. Last month however, the whole cycle kicked off again.:sad:

 

First came the letter supposedly from the OC assigning the debt to the DCA – Notice Of Assignment. Funny how the back of the envelope shows the DCA’s address and the letter itself is set out in exactly the same format as any other letter from the DCA, even down to the barcode.

Dated seven days later came the introductory letter from the DCA – We write to introduce ourselves to you etc

Then, dated seven days after the introductory letter, but thanks to the post only two days later, came the letter headed up “County Court Proceedings”. This threatens possible County Court Litigation, substantial legal costs and interest etc.

 

I sent off the CCA letter – unsigned (thank you again for the advice), recorded delivery with the £1 postal order enclosed.

 

They’ve now responded by enclosing a “Copy agreement/Contract”.

 

The letter is set out as:

 

“We hereby enclose a ‘True Copy’ of the relevant agreement recently requested.

 

Please note that {name of DCA} is only required to provide you with an agreement which is compliant to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

Pursuant to these Regulations, we are required to provide you with a ‘true copy’ of the agreement. Specifically I would refer you to Regulation 3(2) which states that the agreement is not required to be an exact replica of the original document but may omit certain information including any signature box, signature, or date of signature.

 

We consider that this document fulfils our legal requirement and that this debt is now enforceable.”

 

Should I pursue trying to get the original signed agreement? Any advice would be greatly appreciated.

Edited by Epsilon
punctuation

Share this post


Link to post
Share on other sites

Hi and welcome

 

who is the the DCA and original creditor as this could be relevent and are you able to scan a copy of the agreement with personal data removed?


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

history of the debt please

 

when was YOUR last financial transaction BEFORE they fleeced you for a couple of payments under duress in 2008?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

how can this thread have 7 guests when it names no specfic dca/co?

 

you're weird you lot on the interweb spiders

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Hi coledog & dx

 

The DCA is 1st Credit and the original creditor is CitiFinancial (it began life as Associates). The last payment I made to the OC was in May 2008.

 

I can't scan a copy of the agreement yet. I'll see what I can do.

 

Epsilon

Share this post


Link to post
Share on other sites

Can you describe the agreement - is it a 'reconstituted agreement' i.e. lots of terms and conditions or something else?

 

How old is the original card and when was the last payment to Citi? You said that you made payment in 2008 was this to 1st Crud?

 

I am also having problems with Citi but another DCA but there are a lot of people who have dealt with 1st Crud so don't worry.

 

I will post a SAR request that you can send to Citi but give me a minute.


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

ah those two

 

lots going on with them

 

i'll moved this thread to the citi forum and you can have a read..

 

now we know, i wouldn't worry too much about your sit!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

SAR Request

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one.

The Data Controller

Citi Cards Services

CitiFinancial Europe plc

PO Box 49920

London

SE5 7ZF

General SAR template.doc


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

Hi coledog & dx

 

Thank you for your support & advice – much appreciated. I’ll send off the SAR request tomorrow.

 

Re the CCA, what they’ve enclosed are two documents. One is a 10 page document and the 2nd is a 15 page document. Both contain plenty of terms and conditions.

 

Re payments, the last payment I made to Citi was May 2008.

 

Epsilon

Share this post


Link to post
Share on other sites

show us

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

I think I know what it is as I have got one. They show only name and address. Then the name of the lender then pages and pages of terms and conditions. One set is with the Associates or whatever they called themselves, I believe and the other bit is with Citi. They have obviously been recently reconstructed and printed out.


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

Snap


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

Hi coledog

So what I've been sent is just a 'reconstituted agreement'. I've sent off the SAR request to Citi, but as they have 40 days to reply I don't expect anything back too soon. Would you advise any action with 1st crud to hold them off while I wait for the reply from Citi?

Epsilon

Share this post


Link to post
Share on other sites

Hi

Sending just terms and conditions mean very little. 1st credit could try the court route if they chose but I don't think they will.

 

I suspect that there should be more than two sets of terms and conditions as Citi varied them on a regular basis. I was with them for two years and have two sets of T's&C's.

 

I'm no psychic but I have a feeling that citi will send you your statements and any letters that you have sent them recently-nothing more.

They won't send you any comms logs, no default letters, no termination letters, nada,zip,zero-nothing.

In fact, I think they would have difficulty proving that they actually did default you or terminate the account. OOH, I'm getting another feeling-they will say that they had a systems purge in 2006 so cannot provide the information.

 

A bit too sarcastic??:madgrin:

  • Confused 1

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

Share this post


Link to post
Share on other sites

Correct - I have received Naff all from Citi, not even the recon they sent HFO as they claim they can only supply this under a CCA request. They are unable to supply any letters they sent me as these are generated and not keep on file, they claim. I would suggest that you leave it as is and see what 1st crud do next - not much I suspect as there is too little documentation. There are a raft of complaint that could be lodged against Citi as they have not retained the correct data in any shape or fashion but the companies that bought into this are stuffed also.

  • Confused 1

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

Hi silverfox & coledog

Thank you for sharing your experience. I'll wait and see what happens.

Epsilon

Share this post


Link to post
Share on other sites

:-xWell, I've not had to wait long. Today I received a letter from 1st crud setting out a standing order form and the amount of repayment they require. The letter reads:

 

'Re Your agreement with CITIFINANCIAL EUROPE PLC

Relating to Account Number:

Balance Outstanding:

 

We have written to you on numerous occasions in regards to your GOLDFISH BANK LTD account (?????). However the debt still remains unpaid. If we cannot agree repayment terms then we will unfortunately be left with no option but to consider County Court proceedings to reclaim the debt.

 

"Please act now to avoid potential County Court proceedings"

 

We would like to help you avoid such proceedings and would accept the following pay plan filled in below on the Standing Order Mandate.

 

If you agree to repay the debt as advised then we will hold off on the potential Litigation. Please note that missing a payment will lead to termination of the plan and we will pass your case to Connaught collections to issue County Court proceedings.

 

The pay plan will be set up monthly and will require you to make the first payment directly into our bank account using the details below. The pay plan will be officially accepted once we have received payment into our bank account and receipt of the signed Standing Order form.'

 

There then follows the Standing Order Mandate.

 

'Please sign the Standing Order Mandate and send back in the pre paid envelope provided, you will also need to make your first payment into our bank account using the below details:'

etc.

 

They've calculated the monthly repayment amount as 1/24th of the total which amounts to several hundred pounds/month and needless to say is totally un-affordable.

 

Again, any advice will be greatly appreciated.

 

Epsilon

Share this post


Link to post
Share on other sites

Standard threat, I would ignore to be honest. If you were to offer payment this would be on your terms not yours. If you do get a letter from the 'solicitor' you can send a more legal request under CPR again assling for documents.


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

totally ignore!

 

cheeky beggars

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Hi

Two further letters received from 1st Crud. The first is:

"County Court Proceedings"

'We have now written to you on numerous occasions in relation to the outstanding debt. We have no reason to believe that you have responded with sufficient information as to why the debt has not been paid.

Unfortunately we have been left with no option but to consider potential County Court action against you. We do however still want to help you avoid litigation and encourage you to take us up on one of your options detailed below:

Option 1 - Pay the account in full today

Option 2 - We may be in a position to offer you a substantial discount on the outstanding balance.

Option 3 - Please fill in the attached income and expenditure with an offer of repayment that you believe to be reasonable and we will consider your offer. Please send in evidence to support your income in the form of a wage slip or benefits form in the pre paid envelope provided.

If you are not able to complete one of the above options then we will be left with no option but to potentially issue County Court Proceedings that are detailed below

 

  • Substantial Legal costs and interest being charged thereafter *please note further costs table on the right hand side.
  • Entry of your name in the County Court Judgment Register, making it very difficult to obtain Credit in the future.

Subsequent failure to make payment could result in enforcement action;

 

  • An application to your employer for an attachment of earnings.
  • Seizure of your assets by County Court Bailiff.
  • A Charging Order against your property, (if owned by you).

If you wish to discuss this matter then please call immediately on ...'

 

In the further costs table they refer to, they list out Court Fees, Solicitors Fixed Costs and Statutory Interest.

 

The second letter, dated 27/12 - a bank holiday (!) is:

"County Court Proceeding"

'I regret the sum remains outstanding, we now intend to issue possible County Court Litigation against you.

We are however prepared to offer you one last opportunity to settle your account at a very generous discounted amount.

You pay 70%

We pay 30%

You pay £xxxx We pay £xxxx

If you wish to take us up on this offer then please call on .... and discuss repayment with one of our call centre agents.'

 

If they're sticking to their weekly cycle, then I expect the next letter will be dated 03/01/11 - another bank holiday - and is already on its way to me.

 

Any comments/advice/support will be much appreciated.

 

Epsilon

Share this post


Link to post
Share on other sites

Computer generated spam - wait and see what the SAR throws up,


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

'soft, strong and thoroughly absorbent' - E Blackadder

Usual threat-o-matic stuff. Expect Connaught Collections to appear soon, followed by Judge and Priestley ('solicitors'?).


Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

Share this post


Link to post
Share on other sites

Hi

Thanks Coledog & SteveH for your support.

Two more letters to update you on.

 

The first is pretty much the same as the one I refer to in my post of 17/12/10, except that on the standing order mandate, it states, "The first payment of £0.00 is due on the ... of each month etc".

 

The second is more curious. It says:

 

"We are writing to inform you that we have been monitoring your credit activity with one of the credit reference agencies.

We have received recent notification which suggests that your financial position has changed and we would like to review the status of your account with 1st Credit.

Please contact us on the telephone number above within the next 7 days so that one of our agents can review your account and understand your current financial situation.

If you contact us within the next 7 days we may be able to offer you a full and final settlement where you will be given an attractive discount against your current balance outstanding.

We look forward to hearing from you."

 

Obviously I will not be contacting them by phone, nor by any other means at the moment.

 

What I'd like advice on is, can they monitor my credit activity without my permission? Is this the same as a credit search? Or is this just them trying a different tactic? I'm not aware of anything changing - I certainly haven't applied for any credit!

 

Epsilon

Share this post


Link to post
Share on other sites

they canthey hold a licence

 

however in this instance its just a crafty trick to get you to give them [something] money as they are gambling you dont know what they can see about your recent purchases.

 

if any dca offers a discount it means one of two things:

 

either paperwork is crap or the debt is mostly unlawful charges/ppi

 

ignore!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...