1st Credit

[yvonnphil]

I have been in battle with Citi and 1st credit for 3 years now. I asked for a copy of my credit agreement and they sent me pages and pages of T&C.

 

I have told them 'You have not provided a true copy of the executed agreement signed and dated by both the company and myself ' and that 'I requested this in November 2008 and again in September 2010, having not recieved anything within the time limits specified I find this unacceptable'

Their response to this is: Please be advised that section 78 of the Consumer Credit Act 1974 does not require 1st Credit Limited to provide you with a copy of the executed agreement as you appear to believe. It requires 1st Credit Limited to provide you with a ‘’copy of the executed agreement’’ as defined by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make it clear at Reg3 that the ‘’copy executed agreement’’ is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signature, or date of signature.

Where do I stand now? I read somewhere on here about LCS solicitors ceased to practice on 02.06.2010 but that they have been sending out letters with the name RD Marr - is this correct?

[BRIGADIER2JCS]

Indeed the solicitors regulation authority did at one point state that LCS ceased to trade this was later withdrawn Marr is the @Principal Solicitor most

of the letters are from ''Litigation Paralegals.

Judge will allow reconstituted agreements when the creditor can produce other proof of the debt such as statements showing payments

to the account and there is also case law that supports this.

Edited May 22, 2011 by BRIGADIER2JCS

[BRIGADIER2JCS]

At what stage is the case at now have they (1st credit) given a final response prior to action?

[yvonnphil]

Thank you Brigadier2jcs. Where do I stand with 1st credits reply? Do they have to provide a copy of the signed copy of agreement?

[ims21]

Hi there

 

See post 2.....short answer is no they dont'

 

ims

[BRIGADIER2JCS]

Basically no, there would be no doubt in my mind that the original no longer exists, if they have other proof

that the debt existed as said statement etc. a claim would probably succeed.

All in all a judge will weigh the balance of probabilities.

[yvonnphil]

Thank you. Is it worth persuing the fact that it has taken them since 2008 to provide any form of paperwork be it only T&C's?

[BRIGADIER2JCS]

I think that unfortunately unless this goes to court the delay is not likely to have any impact.nly further thing is when

was the last payment or acknowledgement of the debt made?

[yvonnphil]

Sorry missed your second response. They have said:

We would further point out that as the above debt relates to a credit card, on issue of a new card a copy of the terms and conditions are supplied to you, by using the card you are agreeing to the prescribed terms and conditions of the original creditor. This is an industry standard document and conforms to the Regulations.

 

In light of the above we have fulfilled our obligations in response to your request and deem the outstanding balance of £1,919.19 for your CitiFinancial Card account due and payable in full. Please contact our offices on 08433 200 000 to make this due payment via debit or credit card today.

 

My dispute is due to me having an Associates card many years ago which was transferred to a Citi card which they did not inform me of, or may have done but I moved from UK to Spain and never recieved any information concerning this. My account number from my Associate card is different to the account number they are quoting which is why I asked for a copy of the credit agreement in the first place.

[yvonnphil]

The last payment was made in 2007.

[ims21]

Hi there

 

Might need to do a SAR to get the full picture.

 

Are there any charges/overlimit fees etc that you can claim back on the cards?

 

ims

[yvonnphil]

I have no idea about charges etc, I have not had a statement since 2007 when I stopped using my Associate card as I moved abroad and just continued to make the monthly payment for a couple of months and then it wasn't accepted (apparently thats when they changed it over to Citi)

[BRIGADIER2JCS]

OK did you see mt PM to you?

Further action would be a DATE SUBJECT ACCESS REQUEST under The Data Protection Act this requires the original creditor

to provide ALL the data they hold on you,it costs £10.00 ( there is a template letter in the CAG library) they have 40 days to respond .

Further CCA requests I believe would be futile.

[ims21]

Oh right.

 

Could be worth £10 for SAR to get the full details of the account and any correspondence that was sent to you (which you may not have got if you were abroad)

 

You'll then have all the information and you can move forward from there

 

ims

[yvonnphil]

Yes I did thank you. So do I need to ask 1st Credit for an SAR or Citi?

[yvonnphil]

Thank you ims 21

[BRIGADIER2JCS]

MUST go to CITI, if you need help just ask.

Brig.

[yvonnphil]

Thank you BRIGADIER2JCS.

[BRIGADIER2JCS]

Keep i touch I have just sent you a PM.

[yvonnphil]

Thanks.....have only had the 1 PM from you?

[BRIGADIER2JCS]

IF I CAN HELP SOME BODY AS I GO ALONG ( AND SMACK A DCA ON THE WAY) MY LIVING WILL NOT BE IN VAIN:!:

AND HELLO TO ALL185 GUESTS