1st Credit/Walker Morris claimform - old Citi/Opus card after SD threats

[Suss]

Hi Folks, Virgin poster here so please be gentle with me!

 

I’ve been looking around the site and am really impressed with the wealth of knowledge and help that is available on here.

It feels (like other posters have said) that I am not alone anymore!

 

I’ve had a Citi card for quite a number of years now which was then changed to an Opus card.

 

Being self employed and the economic climate what it is nowadays,

I think it’s fair to say that I have got into a few financial difficulties.

 

I think the last payment I made was around December 2010.

 

Here’s a timeline of what’s happened up to now and what I need help with is where do I go from here?

 

13/04/2012 :- Letter from 1st Credit introducingt hemselves as the owner of the debt that was assigned from CC Asset Management on 23/03/2012.

(First I knew about it).

 

23/04/2012 :- 1st Credit letter saying that Bankruptcy proceedings being considered.

 

30/04/2012 :- 1st Credit letter saying that Bankruptcy proceedings being considered and might pass to Connaught collections

to consider an issue of a statutory demand.

 

08/05/2012 :- 1St Credit letter saying Bankruptcy proceedings being considered but they will give me a one off discount of 5%.

 

24/05/2012 :- Connaught collections letter to say that they have been instructed by Opus to recover the debt.

If they don’t hear from me they will pass it onto their Bankruptcy Department for the immediate issue of a Statutory Demand.

 

June 2012 :- Letter sent to Connaught collections stating

“I never received any notification that Citicard were transferring my account to Opus,

a copy of which I requested in order to verify that my Citicard account was in fact transferred to Opus

and that I owe Opus this amount of money.”

 

30/07/2012 :- Letter from Connaught saying please find information as requested.

Enclosed were photocopies of statements from 25/11/10 to 25/04/12,

a photocopy of what I think are terms and conditions and a photocopy of Credit Agreement regulated by the Consumer Credit Act 1974.

Not exactly what I asked for but hey ho!

 

02/08/2012 :- Letter sent to them asking for the information that I had previously requested.

 

20/12/2012 :- Letter from Connaught saying that enclosed is

 

1 - Notice of assignment sent to you by the original creditor on 13/04/2012, in accordance with section 136 Law of Property act 1925.

(didn’t get this from the original creditor or in the first lot of photocopied stuff they sent me).

 

2 – Notice of assignment sent to you by 1stCredit (Finance) 3 Limited on 13 April 2012, in accordance with section 136 Law of Property act 1925

 

3 – True copy of the credit agreement at the time the account was opened and at the point of default.

 

4 – Statements.

 

17/01/2013 :- Letter from Connaught saying that they are“disappointed with me”

and have forwarded the account to their solicitors MoonBeever.

 

21/01/2013 :- Letter from Moon Beever solicitors saying that they are instructed by 1st Credit (Finance) 3 Limited

that I entered into a written agreement with CC Asset Management Ltd

(nothing in any of the paperwork that they have sent has my signature on it or anywhere to sign for that matter)!

 

 

Moon Beever have said in the letter that I have 16 days from the letter date to pay them or they may issue court proceedings.

 

As I said at the beginning, what I would like is some help and advice as to where I go from here?

 

Sorry for such a long post.

 

Suss

[dx100uk]

hi suss

 

can you get your CRA file

 

see below

 

lets findout exactly what is going on.

 

dx

[Suss]

Hi dx,

 

Thanks for your quick reply.

 

Ive now got my CRA file from Equifax and Experian.

 

At the risk of sounding dense what exactly is it I'm looking for?

[dx100uk]

well first off does it show?

 

who's the owner too?

 

do things like amounts etc marry up with whathey are claiming?

 

dx

[Suss]

They both show that 1st Credit Limited is the owner and the amount showing is the same on both CRA sites and match up with the amount in their letters.

[dx100uk]

ok good

 

what is the default date please

 

dx

[Suss]

Default date on both sites is listed as 29/04/2011 and on Equifax it says "Date Updated 09/05/2012".

 

Suss

[dx100uk]

ok so a few years to bat them off.

 

there prob a good reason why this debt has been sold on a phishing list

 

how far does this go back ... lots of years?

 

i'm wondering if there are heeps of penalty charges

or

ppi involved here

 

or p'haps crap paperwork

 

i think eventually an sar would be needed to citi at some point

 

better now than later, unless you have all the statements?

 

for now

fire off a CCA request to the moony's.

[Suss]

It does go back a few years. Sept 2003 it was started according to CRA.

 

CCA gone to the "Moonies" and Connaught.

 

The "Boss" is going to have a look a what statements/paperwork we have got. I'll wait and see what she finds and then as you said, a SAR to Citi and see whats what.

 

Just one thing. Should a "True copy of the credit agreement" have a page or something with my signature on it?

[dx100uk]

as its before 2007 they will need the ORIGINAL DOCUMENT in court

 

END OF!!

 

dx

[Suss]

Hi Folks

 

I've had a letter back today from Connaught Collections saying

"please find enclosed a true copy of the agreement at the time the account was opened and at the date of default.

 

Looks the same as what they have sent previously but without photocopies of statements this time.

 

There is nothing with my signature on so should it actually include this page (if it exists?)

 

The thing that I had asked for in my letter to them in June 2012 (see post#1) still hasnt been answered and according to my wife we have never made a payment to Opus.

 

Could do with some advice on which way to go now really. A SAR to citi I presume?

 

Suss

[dx100uk]

post 10

 

dx

[Suss]

Evening folks

 

Been a few months since I first started this post but am on here nearly every day "viewing and learning"!

 

I received the CCA as requested with a covering letter dated 06/02/2013 from Connaught.

 

 

 

I also recieved a letter from Moon Beever solicitors dated 05/03/2013 which is exactly the same as the one they sent me on the 21/01/2013 as per post #1.

 

I sent a letter to then dated 20/03/2013 which was the same as I had sent in June 2012

 

(June 2012 :- Letter sent to Connaught collections stating

“I never received any notification that Citicard were transferring my account to Opus,

a copy of which I requested in order to verify that my Citicard account was in fact transferred to Opus

and that I owe Opus this amount of money.”)

 

I received a letter from them dated 24/05/2013 with

"a generic copy letter that was sent out to all customers notifying them on the transfer of the accounts to Opus from Citi.

 

Since then I've heard nothing (and to be honest I haven't done anything about it, let sleeping dogs lie etc)

until an annual statement from them dated 02/10/2013 arrives in the post and

 

then this morning a brown envelope with a claim form from Northampton (CCBC) County Court lands on the doormat.

 

The claimant is 1st Credit (Finance) Limited and the solicitor is Walker Morris LLP.

 

How rude that they haven't sent their usual "threat o grams"!

 

What I need now is some advice on which way to proceed as I feel a bit out of my depth to be honest.

[dx100uk]

ok moved to legal and thread title amended

 

lots of thread here t read about court cases and what to do.

 

can you type or scan up the PoC EXACTLY as it appears[but remove all pers identifiers like barcodes/passwords etc.

 

dx

[Suss]

Morning all

 

Attached is the POC with personal information blanked out.

[theoldrouge]

Can you please scan in the response you received to your cca request as regards the "true" copy of the agreement and the original t&cs

[Suss]

Hi

Attached is a copy of the response from Connaught Collections and the "true"copy of the agreement.

(Page 13 changes from Citi Financial credit agreement to an Opus credit agreement.)

 

Regards

Suss

[AndyOrch]

Yes and all T&Cs DX ....no CCA:wink:

[Suss]

DX...Sorry about the file size!

 

Andy..Little bit lost by your post. no CCA?

[AndyOrch]

No actual Credit Consumer Agreement.....just the Terms and conditions.

[Suss]

Ah, I see.

 

Can somebody point me in the right direction please as DX said in post 10 "original needed" and I have court claim form from them and I'm feeling a bit out of my depth at the moment!!

[AndyOrch]

You have 33 days in total to respond to the summons ..subject to how you wish to respond.5 deemed served so 28 remaining (if defending) 14 to acknowledge the claim (service) and a further 14 days to submit a defence.

[dx100uk]

sorted the file.

 

 

we need the bit with you sig on it

entitled consumer credit agreement under the CCa 1974

 

 

dx

[dx100uk]

don't think there were an online lot in 2003?

 

 

did you apply online ?

 

 

dx

[Suss]

I really can't remember if it was an on-line application or not.

We've moved house since then so very slim chance of finding paperwork from 10 years ago. I'll ask my wife in the morning and see if she can shed any light on it and will report back.