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

[edsmith323]

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

[Bazooka Boo]

File it away with the rest of them.

[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.

[edsmith323]

Explains why its come from the same post code as the other junk mail receive from them,

 

I looked through the file and it seems I have been contacted by debt help services and lcslaw all saying 7 days and it off to court.

 

Going back to what I said in my 1st post,

 

can citi financial just change my loan agreement the way have???

 

Giving me a payment holiday to start with, then kindly offering to accept reduced payments for a couple of months

 

but really meaning they've refinanced the loan for longer is a pretty disgusting way to behave

[BRIGADIER2JCS]

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

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

[fightingback99]

The OP said the letter sent possibly acknowledging the debt in 2010,

only got a reply for 1stCRetin's saying they'd passed OP's comments back to Citi.

I'm not so sure they'd keep a copy.

 

1stCred receive thousands of letters from their 'victims' which they usually ignore and file in the bin.

1st Cretins ahven't reminded the OP of the alleged letter acknowledgement but instead have chosen to say a payment was last made in 2009 as a way of saying it's not SB.

 

I've been dealing with 1stCred for years and don't find them very efficient at anything except trying to threaten and bully people into making payments .

Or casually mentioning they can arrange refinance for you.

 

What harm would there be in the OP writing back to say the debt is SB due to no payments being made, and seeing what 1stCRed come back with?

It could end the matter once and for all.

 

If they do come back with the alleged letter acknowledgment to SB then the OP has already started down the CC route,

and it's unlikely Citi are going to be able to provide a copy of the original (required as it's a pre 2007) anyway?

[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.

[edsmith323]

I have just re read this post and some of the replies,

 

It dawns on me that I have never actually signed any agreement with Citi financial,

my orignal agreement that I have is with Visa Associates,

I still have the signed agreement in the file and have read through the t's & c's

and can find no where on that document that says anything about rewriting or changing the terms etc.

All I can see is information about varying the interest rates, not the length of the contract.

 

I know that Citi took over Visa Associates in 03/04 as i remember not exactly sure though.

 

I'm recieving a phone call from them every other day for the past week,

so I've sent them the "only in writing" letter.

 

I cobbled together several letters from the templates on here and I think it reads pretty well.

[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?

[edsmith323]

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??

[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.

[edsmith323]

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.

 

Must have mis read it,

 

I'mnot sure what to do, I don't know whether the SB letter will stir the hornets nest, or put it to bed. Guess there's only 1 way to find?

[vint1954]

Did you send the SB letter ed.

[edsmith323]

Hi Vint

 

I Haven't sent the SB letter as I'm not sure what'll happen next.

 

I have received an acknowledgment to my letter about not telephoning and only deal with in writing and so far the calls have stopped,

 

however, today I have received a letter stating they "are considering whether we should issue a statutory demand under the Insolvency Act 1986".

 

Ed

[vint1954]

Ed,

 

You should have sent the stat barred letter that Brig laid out for you in post 32.

 

If you do nothing, they are known for going down the SD route.

 

You need to respond quickly with the SB letter, before they act.

 

Vint

[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.!!!!!!!!!!

[vint1954]

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.!!!!!!!!!!

 

Brig,

 

I trust ed is on his way to the post box as we speak!

 

Vint

[edsmith323]

It'll be in the post in the morning!

[BRIGADIER2JCS]

It'll be in the post in the morning!

 

Well done Ed.

[edsmith323]

Thanks to everyone for your helpfulness in this, It's truely appreciated.

 

Ok, so what happens next after they receive the SB letter, what sort of a reply can I likely expect??

[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.

[edsmith323]

So, this potentally could just turn into a game chess lol. Their move my move etc.

 

Well the letter is sat on the side beneath my car keys ready for the post office to open in the morning to send recorded delivery.

[BRIGADIER2JCS]

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

you have to do no more.

[edsmith323]

Sb letter in the post 9.26am 1st class recorded. Let's see what that brings.

[vint1954]

Just wait for their response ed.

 

Check the online delivery confirmation for your letter and keep a copy.

 

Vint