Notice of Assignment received 5 years after debt sold Citicard

[Duffers Mum]

I need some help now,

 

I've received another letter today advising me to get independent legal advice

as they say they have fulfilled their obligation and provided me with copies of all the relevant documents under the cca.

 

I've just looked through my paperwork

and find they have sent me what they say are the t&cs for when the account was opened which show my address at the time,

 

admittedly they are just on plain A4 paper and have been downloaded from somewhere or other,

 

they also sent a copy of the t&cs at the time of default showing my correct address at the time..

 

I don't know if these are the right t&cs as i have nothing to compare them with.

 

However on the ones from when the account was opened it shows a date at the top of xxxx 2003

when you turn it over on the reverse there is a copyright sign and 2008?

 

The default notice was also not correct but i haven't advised them about this yet.

 

What year is it that they have to provide an actual agreement if it goes to court?

 

I'm sure I read somewhere that if an account was opened pre whatever year they have to have the actual document?

 

I'm getting a bit edgy on this one now,

the default is due to drop off early next year and it becomes statute barred later next year.

 

Any help would be appreciated.

[dx100uk]

you really need to stop comms with these people

 

if you had done that years ago

 

then they would have given up.

 

what this lot have is the same docs that caused the cancellation of the SD last time.

they have nothing more, so, nothing changes.

 

ideally too

rather than mulling over the letters you get

 

we need to see them cause I bet NOWHERE does it say WILL anything.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

*************************************************************

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Duffers Mum]

Thanks,

 

I have no intention of replying to them..

 

however the difference is they have provided t&cs (alledgly) from when the account was opened

 

and from the date of default (allegedly).

 

These hadn't be provided at the time they served the SD,

 

will try and upload the t&cs and letter shortly.

[dx100uk]

incidentally the SB is after the default date?

 

its usually the otherway around

 

so without scanning 3 pages

 

you paid something after the debt was default via the DN?

 

dx

[Duffers Mum]

I never paid anything to 1st credit..

 

I asked citi if I could pay reduced payments when I got I to difficulty.

 

They said yes,

 

I paid token sums each month and they still issued a DN,

 

but I carried on with token payments until they sold it to 1st Credit.

 

Hope that makes sense!

[dx100uk]

totally.

 

just for your ref

 

I don't think any citi debt has been to court and they've won in years.

 

I think you are wise to those issues already with their document issues anyhow

 

dx

[Duffers Mum]

That's good to know and this is quite old which hopefully is also on my side, if it did go to,court would they have to produce the original agreement due to when it was opened?

[dx100uk]

not the 'actual' original

but it must be a 'true copy'

 

they 'could' use a 'recon'

 

but just putting your details on the top

of say a scanned version of whatever docs you 'would' have gotten

at the time you signed the agreement is just not going to wash.

 

anyone can do that!!

 

I think the fact that its already been thrown out once

for this exact reason, would, in your case

focus any judges attention to anything they tried to palm a court off with

if they were ever bold enough to try it.

 

as this is effectively many years old now as you say.

if they were going to try, they'd have done it.

 

what you've got is willy waving as they know its getting mighty close

to SB date...then its gameover for them.

 

one last push to try and spoof you into coughing up

dx

[Duffers Mum]

Thank you for your helpful words!

 

I'm going to file under "R" for rubbish.

 

I will post again if they send anything else,

 

the stuff they have sent is clearly just stuff scanned in

and altered with my name and address..

[Duffers Mum]

Well my 30 days grace are up and received a letter today giving me ummm 14 days to contact them else they will have to consider their options. Best they get considering then!

[Duffers Mum]

Received an email last week

saying I need to contact them as they have provided everything now ..

I ignored it, letter

 

received today headed

 

"county court proceedings being considered"

not sure what to do,

default falls off next month,

SB a couple of months later..

 

the t&cs they have sent are allegedly from when account was opened and when it was defaulted

(default notice not compliant though)

 

they have sent a statement recently with the alleged t&cs.

 

I have no way of knowing whether what they have sent constitues a proper recon.

 

Both have obviously been downloaded from somewhere rather than a file copy or a photocopy.

I guess if they had the original they would have sent it...

 

Advice required..

.not received anything like this before and

 

whilst I know it's only considered I do worry they may do something before it becomes SB.

 

Thanks

[dx100uk]

std crap

 

refer you to post 158

[Duffers Mum]

Thanks, I hope you are right! Out of interest if this went to court and I mentioned the dodgy default notice would that get it chucked out?

[dx100uk]

it would obv need investigating

[Duffers Mum]

Who by?

[dx100uk]

the judge

 

stop worrying

 

dx

[theoldrouge]

dont worry DM, thanks to mrs or never throwing away a letter received since 1986, I have all the citi t&cs from 2001,to 2010, so if you ever need them checked just ask, yes even got trustcard from 1986:wink:

[Duffers Mum]

Oh that's brilliant, thank you I may well need them! Are they proper t&cs as in leaflet form or just on plain white paper with name and address on? I suspect the former! Mine are the latter as they are obviously recons, so I may send you a private message to see if we can compare!

[Duffers Mum]

Have cleared some messages so you should be able to reply now! Sorry!

[theoldrouge]

DM please make space in your pm box for reply. Proper t&cs are indeed in leaflet form, but dont forget to comply with s78 they could type them on the staff toilet roll if true and accurate. If you post up what you have been sent I will certainly check against the "proper ones" and advise you of any differences:-)

[Duffers Mum]

I will post the internet rates here, can you reply by private message though as if any discrepancy I don't want the DCA to see them! Will deal with them One at a time.,.firstly

 

Sept 2003

 

Purchase and balance transfers APR 24.9% monthly 1.873%

Cash advance APR 28.8% monthly 1.873%

 

Tariff

 

Late payment fee of £20

Returned direct debit £25

Over limit £20

Copy statement £5

Insufficient funds for credit card cheque £25

Commission of 2% on foreign currency transactions

 

Thanks

[Duffers Mum]

Could someone tell me what else I should be checking?

[Duffers Mum]

thanks theoldrouge for your help. its most appreciated. No sure if I need to check anything further will wait for someone who knows to reply and let me know!

[Duffers Mum]

Am now getting daily emails from 1st Credit asking me to ring them urgently...they are being kept for harrassment purposes! They only have an email address I give out to people I don't want to contact me, so its no problem. They are appearing quite desperate now and i'm being very good at not responding to them, although it is difficult as I really want to.....

[Duffers Mum]

Another letter today following on from all the constant emails...is it time to report them again..very threatening now listing court fees...which includes statutory interest? What's that when it's at home? Time to reply and gain a bit more time or ignore? I'm such a worrier!