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

[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.

[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?????????

[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.

[BRIGADIER2JCS]

A clear admission that the account subsitsts imo.

[BRIGADIER2JCS]

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

[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.

[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.

[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?

[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.