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

[BRIGADIER2JCS]

SB == 6 clear years from the date of the last deinquent payment that is the date

after which no further payment was made and no written acknowledgment has

been made.

Have you at any time written to 1st Credit just admitting the debt is yours

in any way.

[BRIGADIER2JCS]

Send nothing until you clarify what you wrote to them in 2010.

[BRIGADIER2JCS]

You are right this amounts to a written acknowledgment,

your other thoughts are correct to.

[BRIGADIER2JCS]

Hi Welcome.The fact they are offering substantial discounts it would indicate they do not have the paper work to back up the account,and that it is in your case Statute Barred.As always they will say you have made a payment since 2005,as long as you are sure you haven't, send them a letter (no phone calls) that this account is Statute Barred(letter in site file) and you do not wish to receive any further communication

 

They will probably indicate when you made the phantom payment,lets wait and see

 

Regards FS

 

There has been written acknowledgment of the debt.

[BRIGADIER2JCS]

With 1st Credits current record no, they seem to be

very much on the ball where it comes to SB status.

All that said it is up to the OP to decide, I feel that

it may drag up more ''evidence'' to support their case.

[BRIGADIER2JCS]

You can ask them to prove the payment to Scott Call

 

You want to know the exact date of payment

the method of payment

the name of the person paying.

The bank the payment was drawn on.

the account number or card number.

Cheque No. if paid by cheque, bank branch and sort code.

Debit Card No.

Bank Transfer reference.

[BRIGADIER2JCS]

Why did you speak to them, always tell them contact in writting only.

The rest of the 1st credit speak is rubbish.

If the account is in your name no you can't stop the checking.

Get on and do the CCA request.

[BRIGADIER2JCS]

A request to the company last to conatact you in writting

regarding the debt it requires them to produce a copy of

the credit agreement within 12+2 days the statutory fee

is £1.00 send a postal order,use the template letter in the

CAG library.

[BRIGADIER2JCS]

Ok I've found the template and I've filled in the details pertaining to me.

 

What happens next should they not manage the timescale, or if they do manage the timescale??

 

The account is the put into dispute until they provide the agreement.

Collection activity should be put on hold until they can comply.

[BRIGADIER2JCS]

Only if 1stCredit have kept a copy of the letter OP sent in which they admitted knowledge of the debt . Is that likely?

 

Very likely, the are good at cooming up with answers at present, would you

bin a letter that admits someone owes you a lot of money.

[BRIGADIER2JCS]

Hi all

 

Received a rather suspect looking letter from 1st credit this morning. Its a letter of assignment on citi financial headed paper, black and white print. The post code on the envelope is the same as the 1st credits post code yet the letter proports to be fom citi financial.

 

Wonder why they've waited till now to send this to me when previously all they sent are silly discount settlement letters

 

Notice of Assignment can be sent by the original creditor or by mutual agreement between the creditor

and the DCA the DCA can send it out.

[BRIGADIER2JCS]

I would say yes the could do this having seen son Citi contracts

quoting that they amend change ''rewrite'' Ts &Cs.

[BRIGADIER2JCS]

Hi edsmith,#

If you want to send the Statute Barred Notice to 1st Credit use the

following letter.

 

The Compliance Manager

1st Credit

xxxxxxx

xxxxxx

Date,

 

Dear Sir or Madam,

Ref:....XXXXXX....

I write in reference to your correspondence regarding a debt to xxxxxx

which you allege is owed by me, please take note I do not acknowledge

any debt to you or any company you may claim to represent.

From advice received and my personal research I have concluded that

any such alleged debt is STATUTE BARRED I now inform you that in this

situation I will not now or in the future be making any payment or offer

of payment.

You will now therefore cease processing all data relating to me and

remove all information you hold relating to me with immediate effect.

I am sure that I do not have to remind you of the sections of the OFT

Guidance on Debt Collection 2003/2011 and the guidance given on the

pursute of alleged debt and the notes on the selling of statute barred

debt without informing the purchaser of the status of the debt.

Send Recorded Delivery.

[BRIGADIER2JCS]

It matters not the ''assetts'' of one company were tranferred

to a new owner this included all the agreements with all the

rights and obligations of those original agreements so signature

for Citi not relevant.

Have you sent the letter on post 32?

[BRIGADIER2JCS]

Not yet, only the telephone calls letter I mentioned above.

 

Should I send the SB letter? I suppose it cant hurt might just make em go away.

 

I read somewhere that under the freedom of information act i'm entilted to see the deed of assignment and the percentage rate they purchased the alleged debt at??

 

I think you have misread that a judge could order the deed to be produced for the courts information,

but you have no right to see commercially sensitive data.

[BRIGADIER2JCS]

Ed please use the advice given if you want the matter settled,

the more you delay the more likely it is that 1st Credit will trick

you in to an admission of liability or making payment.

Send the letter in post 32.!!!!!!!!!!

[BRIGADIER2JCS]

It'll be in the post in the morning!

 

Well done Ed.

[BRIGADIER2JCS]

1st. Credit are unpredictable, they may not acknowledge

your letter and just go away, I've seen letters just saying

they have updated their records and closed the file.

Also they may try the ''phantom'' payment'' that restarted

the 6 year clock, but to get away with that they would need

irrefutable proof of any such payment.

[BRIGADIER2JCS]

The beauty of this is that THEY HAVE TO PROVE THIS NOT STATUTE BARRED,

you have to do no more.

[BRIGADIER2JCS]

All they have done is make an unsupported statement,

no proof of the payment which must be unrefutable.

Use may letter that Sigman has posted for you.

Do not acknowledge the debt.

[BRIGADIER2JCS]

Letter on its way guys, thanks.

 

I think I will complain to the OFT and TS, whats the best way to go about it. Just write to them??

 

Yes keep it all in writting.

[BRIGADIER2JCS]

''Call Credit received payment''???

[BRIGADIER2JCS]

Am I missing something here Call Credit = CRA what is the relevance here?

Has their collections arm had any dealings with this?

[BRIGADIER2JCS]

:madgrin:This £5.50 sounds very much like a subscription fee, normal payments

made as a ''one off' are £1, £5, £10.

I would like an explanation for Call Credits involvement, they do

have a rather amateurish collections department, so one wonders

IF a subscripition has been to paid to CC for a CRA report has it/ could

it have been diverted to an account their collections dept. was handling??

I find it rather suspicios but that's just professional habit

[BRIGADIER2JCS]

No it is difficult to stop them getting CRA data, but in this case

I think a formal complaint to the ICO immediately qouting Mr.Browns

phone call and the written confirmation you have that they unnecessarily

have been checking your files.

Also a formal complaint to Call Credit regarding 1st Cruds statement

about them accepting a payment of £5.50 and requiring strict proof

of the payment.