1st Credit debt collectors re old Visa Associates loan, now Citi-financial

[The Governorvx]

Is it better not to reply to some of these DCA letters rather than reply and thereby give them an excuse for saying that you have acknowledged the debt?

[edsmith323]

Thanks Brig.

 

That's cracking, I'll print off and send straight away.

 

I can't thank everyone enough for all their help.

[citizenB]

Letter to the Compliance Manager 1ST Credit.

 

Ref: xxxxxxxxxxxxxxxxxxx

 

 

Dear Sir or Madam,

 

I refer to your letter dated xx xx xxxx in which you atempt to refute my claim that the alleged debt for £xxxx is statute barred because you received a letter from me dated xx xx xxxx, I do not acknowledge any debt to 1ST Credit as my letter was sent only in regard to a DISPUTE on the alleged debt which had NOT been rectified by the original creditor.

 

I therefore contend that my letter does not constitute an admission of liability as laid down in the OFT Guidance on Debt Collection 2003/2011 Appendix B,

at B7. The Guidance states: A relevant acknowledgment will normally be made by performance of the debtor (or his representative). For example making payments,or by making An unequivocal written admission that the obligation still subsists.

This quite obviously is not the case here.

 

You also allege that a payment was made by me on xx xx xxxxx to a third party namely xxxxxxxxxxxxx, I categorically deny that I made any such payment thence your claim is refuted.

 

1ST Credit must produce irrefutable proof that any such payment was made, as I have no knowledge of the company you claim the payment was allegedly made to.

 

If a card payment was made you must supply the following details:

1. The name on the face of the card.

2. The name of the card issuer.

3. The 16 digit card number and the 3 digit security code.

4 The expiry date of the card.

5. The date (exact) of the alleged payment.

6.The amount of the alleged payment.

If a cheque payment was made:

1. The name of the bank the cheque was drawn on.

2. The Cheque number and account number shown on the face of the cheque.

3. The name of the drawer.

4. The date on the face of the cheque

5. The amount allegedly paid.

For all other payment types the details as laid out must be provided.

 

Unless this information is provided I cannot enter into any further correspondence on this matter, having

now researched 1ST Credit quite thoroughly given the unenviable reputation I find for your company I must

insist on the proofs laid out above.

 

For clarification I have not admitted any liability for the alleged debt and I have not at anytime made any payment

to any other debt collection agency.

 

I expect your reply within 7 days.

 

Send recorded delivery to The Compliance Manager ( marked CONFIDENTIAL).

 

Good Luck.

 

Just made a few corrections

[edsmith323]

Letters have been posted and received, time to wait and see what happens.

[edsmith323]

Received a standard reply from 1st crud saying they've passed the cca request to citi to be fulfilled. They say the account is on hold until such time as they send the documents to me.

 

I'm a little confused now. I received a notice of assignment from 1st crud sometime ago, yet they are going back to citi for the documents. Going through some of the other paperwork received from them they say they purchased they debt in 2006?? I just seems like bull all the way through.

 

With a CCA request, what would be they next likely steps on the basis of :-

 

1. No agreement

2. Recon agreement

Or

3. The original agreement

[dx100uk]

the next likely step will be they wil sell it on a phishign list

 

or

 

sen a discount letter.

 

= BEGGING LETTER , you've found us out.

 

dx

[BRIGADIER2JCS]

With Citi and 1st crud more likely a recon. + a stetement.

 

These debts are sold with the absolute minimum of details.

For clarification please when was the last payment or written acknowledgment made?

[edsmith323]

last payment was april 2005 and no written acknowledgement to date, the letter you drafted for me brig rebutted thier claims of acknowledgment.

 

Althouh they have written to me acknowedging my letter and passing it to citi and also confirming the account is on hold do I still send the failed to comply letter after the 17th septemeber (that will be 12 + 2 working days)?

 

Thanks

[BRIGADIER2JCS]

Is the account showing on your credit files?

 

Because if your last post is accurate no payment or acknowledgment since April 2005 this debt is statute barred, so send the following by recorded delivery to 1ST Credit addressed to the Compliance Manager.

 

Ref: as on their letters.

 

Dear Sir or Madam,

 

Formal Notice.

 

I refer to the debt for £xxxx Which 1ST Credit allege is owed by me, please take note I do not acknowledge any debt to your company or any company you may claim to represent.

 

I have now taken advice on this matter and have researched my credit history and have concluded that any such alleged debt is statute barred, given this information I will not now or at any time inthe future make any payment or offer of payment regarding this alleged debt.

 

You will now cease to process and store all date relating to me with immediate effect.

 

I am fully aware of the Limitations Act 1980 and the OFT Guidance on Debt Collection 2003/2011 and specifically the sections regarding the pursuit of statute barred debts.

 

I now consider this matter closed.