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

[dx100uk]

can we see the 1st credit letter please.

 

dx

[edsmith323]

letter from 1st credit.

 

Thanks for the helps everyone, feeling pretty low after getting this.

1st credit not SB letter 2012.pdf

[BRIGADIER2JCS]

What reason did they give for it not being SB they are very good at producing screen prints that show a card payment mysteriously appearing.

[edsmith323]

all they have said is in the letter I recieved theis morning. I 've posted both the letter I sent in 2010 which they attached and the letter they sent this morning.

 

sorry should have posted them both in the same reply.

[BRIGADIER2JCS]

What was your letter exactly please the phraseology is very important here.?

 

The OFT Guidance states the an acknowledgment must be inequivical and explicit.

[BRIGADIER2JCS]

Can't see your letter?????????

[edsmith323]

they both posted on here as attachements. i'll attach them again in this reply.

1st credit not SB letter 2012.pdf

1st credit 6-12-10.pdf

[dx100uk]

letter pdf is ok brig.

 

IMHO with the added additional loan, which was obviously taken out without the OP's permission & probably over the phone anyway

 

i'd let 1st crapit play their games,

 

a CCA might head them off at the pass

 

an SAR to citi might be an idea too.

 

PPI from that era will be worth £1000's now in reclaiming.

 

you mention the last payment was april 2005,

is there proof of this tha 1st credit have?

 

 

 

dx

[unclebulgaria67]

Agree with DX.

 

1) CCA req to 1st Crud

2) SAR to Citi

3) In the SAR request to Citi, also specifically ask about any payments for PPI, as you need this information to pursue a claim.

 

I don't think your letter in Dec 10 resets the SB clock. It clearly says that you are in dispute and that you feel that you don't owe anything. But there is no point in just arguing about that. Make the CCA request and see if they can provide it.

[BRIGADIER2JCS]

I'm afraid 1st Credit are right there is a clear admission that the debt subsists although disputed, I could put a letter together later in an attempt to bolw this out,

I can see a few eays to be as twisted in outlook as they are so just let me know if you want the letter.

Meanwhile do exactly what dx has suggested.

[citizenB]

In what way does the letter reset the SB clock ?

[BRIGADIER2JCS]

A clear admission that the account subsitsts imo.

[Bandit127]

As I see it there are 3 approaches to this and agree with the posters above on the first 2.

 

1. CCA 1st Credit. This is unlikely to get you a compliant agreement, as discussed above. Account in dispute argument is then black and white if they fail. Inform them that all recovery activity must cease while the dispute exists.

 

2. SAR Citi. The 2005 payments are of interest here. If they can be shown to be internal (e.g. payment of the balance of the old loan by the new one) then a period of 6 years of no payments by Ed AT ANY TIME means the debt is SB and was when that letter was written.

 

3. Complain to 1st Credit that they are misrepresenting their legal position by saying the letter acknowledged the debt. Your strategy is to exhaust their procedures and elevate the complaint to the FOS. I suspect FOS would view that it didn't - no offer was made to pay, the debt was disputed and it stated that no money was owed.

 

Start all letters I DO NOT ACKNOWLEDGE ANY DEBT TO YOU

[adarling2006]

Just my 2p worth here, 1st credits recent letter states that the last payment was made to the original creditor back in 2005, yet they also claim that a payment was made in 2009. To me that is them giving you prove they lied.

[edsmith323]

Just my 2p worth here, 1st credits recent letter states that the last payment was made to the original creditor back in 2005, yet they also claim that a payment was made in 2009. To me that is them giving you prove they lied.

 

The payment in 2005 is genuine I have it shown on a bank statement, the 2009 payment is a lie which I have proved, I have an email from call credits complaints department stating they have never received any from me.

[edsmith323]

Thanks everyone for the help.

 

Brig, I would like that letter please yes, anything to try and make them go away.

 

Bandit, uncle and dx, I will do as you recommend, cca sar etc. I trust the templates are on here in the library.

 

Bandit, all lett I sent to them since the 2010 letter have been headed that way, shame I didn't look on here first before I shot from the hip. Back then I was under the impression I was dealing with intelligent and reasonable people that would like to try and help me. Instead what I found was that these people are vile pond life so low down the food chain it's amazing they can even go outside in sun light.

 

Thanks again everyone.

[BRIGADIER2JCS]

Will start the letter later today and will include demand fror proof of 2009 alleged payment.

[Bandit127]

OK. It now seems to hang on the 2010 letter then. Did you sign it?

 

I would try a complaint to 1st Credit. You might come up lucky - I personally don't think you acknowledged it. If you didn't sign the letter you definitley didn't.

[edsmith323]

thanks Brig

 

They cant prove the 2009 payment. my last letter to them was asking for proof of the payment, they sent a reply saying they had passed my letter to the appropriate department and 1 month later i recevied the letter enclosing my 2010 prose.

 

include a request for proof of this 2009 payment atleast it will give them something else to occupy thier tiny minds.

 

should i head the cca and sar requests with do not acknowledge statement??

[BRIGADIER2JCS]

Appendix B OFT GUIDANCE ON DEBT COLLECTION

B.7. A relevant acknowledgment will normally be made by performance of the

debtor (or his represenatative). For example by making payments, OR by making an unequivocal written

admission clearly acknowledging that the obligation subsists.

 

Although the letter implies acknowledgment, there is a sense that disputing the validity of the debt is not an

unequivocal admission.

 

I shall get an opinion from one more learned than I about 1300 today the will draft the letter.

[edsmith323]

Bandit, yes unfortunately I signed the letter, and 1st crud point that out in their letter.

 

Thanks brig.

[BRIGADIER2JCS]

they both posted on here as attachements. i'll attach them again in this reply.

 

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 refeute 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 no 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 subsisie.

 

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 cared 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 thr drawer.

4. the date on the face of the cheque

5. The amount allegedly pai.

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 throughly given the unenviable reputation if 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.

[Bandit127]

Wow! A cracking letter Brig.

 

A shame that the forum won't let me add reputation for that.

[cerberusalert]

A shame that the forum won't let me add reputation for that.

It does. Just click the star icon at the bottom of the post.

[Bandit127]

It does. Just click the star icon at the bottom of the post.

Sadly not.

You must spread some Reputation around before giving it to BRIGADIER2JCS again.