CCA request - 1st credit old CITI card

[nick15]

hi guys I am new to cag and would appreciate for your help , I sent a CCA request to 1st credit two months ago and now I have received 15 pages of supposed cca with no signature ,can anyone advise what I need to do thank you very much.

[Old Cogger]

try and upload the main so called CCA1974 minus your personal details/bar codes, page 1 even if says application form for peeps to see and advise.

[rebel11]

Hi am

 

Welcome to CAG

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[BRIGADIER2JCS]

What you have received would appear to be a ''reconstituted'' agreement, consisting

of the original and current terms and conditions, should have your name and address

and the creditors and all the tems etc.,

1st Credit like to produce these on old CITI cards.

[nick15]

Thank you for your reply may be it is reconstituted CCA although it does not say , is reconstituted CCA valid by law and what should be my reply to 1st credit they are threatening me with bankrupcy please help thank you very much

[BRIGADIER2JCS]

In certain circumstances and depending on the recon complying with format and content

a judge may consider along with other evidence such as statements showing use of and

payments to an account that such a document is enough to enforce a debt,

 

Does the recon contain the original Ts & Cs and current Ts& Cs, interest rates etc.?

[nick15]

try and upload the main so called CCA1974 minus your personal details/bar codes, page 1 even if says application form for peeps to see and advise.

Hi MIKE770 thank you very much for your reply I will have access to a scanner next week when I send the so called CCA thanks again

[rebel11]

Hi nick

 

In the mean-time read 5 and 6 in my signature.

[nick15]

Hi BRIGADIER2JCS thank you very much for reply when I get home I will look at the so called CCA for t&c etc and will post you and your advice would be very much appreciated thank you again

[nick15]

Hi BRIGADIER2JCS I have now looked at the CCA supposed to be and the first page has my name and address and citi name and address , there is only one terms & condition , interest rate but no signatures 12 pages of it please advise thank ever so much

[nick15]

Hi guys, sorry i have not been in touch - I have a copy of my CCA here now (hopefully!)

 

Any feedback very welcome

 

BTW they received my request 31st may and the postmark on the envelope they replied with is 01st August? were they in breach of any response guidelines?

 

 

Thank you very much

CCA.pdf

[daverules]

Used to be that they got in to trouble by not providing the CCA request within the 12+2 days but that seems to

have been revoked and they have all the time they need to send it.

[nick15]

Dear Daverules thank you for your reply would you also let me know if the CCA I forwarded is enforceable or not thank you very much

[daverules]

Sorry nick15 that's a bit out of my league, I just answer where I can and what I can be sure of.

 

But rest assured as the evening go's on people will be logging in from after work

and they will assist you.

 

You have come to the right place, fantastic site and support.

[nick15]

Hi guys

I also need to explain that I had citi card which I was paying but a year and a half years ago

I became to financial difficulty and citi accepted reduced payments

I was glad until 17 months ago when citi advised that my account would go to opus ,

 

I did not hear from opus and as the result I did not make payments, about 4 months ago

 

I had a letter from 1st credit with assignment notice and 1st credit asking for a lot of money per month that I can not absolutely afford

 

I have offered 100 pounds per month but 1st credit is not accepting although I have been paying and they are threatening me with bankrupcy

because I have equity in my joint name mortgage in our house .

 

Reading the forums I CCA ed 1st credit and I have uploaded for your help,

I believe opus has defaulted for selling my debt to 1st credit without any contact at all with me first?

 

Please help and your advice would be very much appreciated

 

thank you

[BRIGADIER2JCS]

Ok par for the course with 1st Crud and old Associates cards, when exactly was the account opened?

When was the last payment made?

When if at all did you last acknowledge that the debt was yours in writting.?

It would appear that so far that everything has been done correctly, you had an NOA from 1st Crud, opus has no obligation to

inform you that they may sell the debt, either the creditor or the assignee may inform you the debt has been sold.

You say you have been paying, who have you brrn paying and when?

 

The owner of a ''debt'' can sell it at any time without reference to the debtor other than a notice of assignment which you have

received.

[Bandit127]

Dear Daverules thank you for your reply would you also let me know if the CCA I forwarded is enforceable or not thank you very much

The stuff in the PDF - is that all you got? Check it - any pages missing?

[BRIGADIER2JCS]

What has been provided appears to be a recon, ie, all the T&Cs of the original agreement and the cuurrent terms and any alterations/amendments, as the op has made offers of payment there is now no way of denying liability imo.

The Qusetion now is only how to negotiate payments that 1st Credit will accept!!!

[nick15]

The stuff in the PDF - is that all you got? Check it - any pages missing?

 

Hi Bandit127 thank you for your reply please explain what PDF stands for sorry for my ignorance

[nick15]

Hi Brigadier2JCS thank you for your reply ,

 

account was opened with Associates in 1997 sorry I don't know the exact date ,

 

I have not acknowledge my debt in writing,

 

I paid Associates ( Citi) until 17 months ago and only for 4 months

 

I paid them at reduced rate as I became in financial difficulty towards the end .

 

I stopped my payments as Citi wrote me that my account has been transferred to opus

where payments should be sent upon receiving an introdutionary pack from opus which I never received.

 

What I meant is can they sell my account before trying to collect payments themselves ?

 

As soon as Crud contacted me 4 months ago I started paying 100 pounds a month and now have made 4 payments despite Crud is wanting 680 a month.

 

I am so sorry that this letter is so long ,

I am really worried sick ,

do you think they can make me bankrupt because I cant afford more than 100 pounds monthly thank you very much

[Bandit127]

Hi Bandit127 thank you for your reply please explain what PDF stands for sorry for my ignorance

The file you uploaded - it is a PDF... i.e filename.PDF

 

Since the account was started pre April 2007, they will need the original agreement if they want to get a judgement (but you must defend a claim or they will get judgement by default).

 

They didn't tell you in the letter if the original is available. I suspect not.

 

I am no expert but I don't think the recon is compliant either. No name, address, account number and a credit limit of 0..? Brig - you said it is a recon but do you think it is compliant?

[nick15]

The file you uploaded - it is a PDF... i.e filename.PDF

 

Since the account was started pre April 2007, they will need the original agreement if they want to get a judgement (but you must defend a claim or they will get judgement by default).

 

They didn't tell you in the letter if the original is available. I suspect not.

 

I am no expert but I don't think the recon is compliant either. No name, address, account number and a credit limit of 0..? Brig - you said it is a recon but do you think it is compliant?

 

Hi bandit 127 thank you for your reply , no they have not stated that whether the origional is available or not nor they have said what they sent is a recon thank you again

[BRIGADIER2JCS]

If the recon conforms to the format and content laid down in case law and the creditor/dca can produce evidence of useage and payments made on the account it

will be acceptable.

[BRIGADIER2JCS]

Without seeing the recon one cannot judge for certain on it's validity.

[Bandit127]

Brig - I was asking about what the OP attached in post 11. Just seems to be T&Cs. No agreement (as stated in the covering letter). Credit limit of 0.

 

Hence my question to the OP - were there any pages missing? It seems one major page might be - but as said I am no expert.

 

Below for clarity.

CCA.pdf