1st Credit Help

[OldGlory]

Thanks dx

 

I see what u mean

 

No I haven't asked for the CCA yet but I will do, how long have they got to send it to me?

 

The debt is a loan I took out with Citi at the start of 2007 but with a change of jobs & less income I couldn't continue with the payments - Payplan made a payment offer to Citi which they said wasn't enough & then the next thing I knew I got the letter from 1st Credit & they have generally been unhelpful & unresponsive from day 1

 

I don't dispute I have a debt with Citi, but how far can these jokers take things

 

Should I not still make my payments to Payplan though even if it means these lot get about £17 a month

[dx100uk]

Thanks dx

 

I see what u mean

 

No I haven't asked for the CCA yet but I will do, how long have they got to send it to me?

 

see post 5 in this thread

 

 

The debt is a loan I took out with Citi at the start of 2007 but with a change of jobs & less income I couldn't continue with the payments - Payplan made a payment offer to Citi which they said wasn't enough & then the next thing I knew I got the letter from 1st Credit & they have generally been unhelpful & unresponsive from day 1

 

I don't dispute I have a debt with Citi, but how far can these jokers take things

 

Should I not still make my payments to Payplan though even if it means these lot get about £17 a month

 

yep that wont hurt, but sometimes dealing with the original debtors is alot better.

regardless of what they say, pay them something on a regular monthly basis, and keep doing it.

that way if it ever does go to court, then the judge will have a field day with them.

you have paid what you think you can realistically afford, if they dont like it then tough!.

 

now you need to clarify one important fact about this debt.

has 1st credit BROUGHT the debt, or are they just acting as a collection service for citi?

if they have brought the debt, then your involvement with citi is over,

if they are just collection agents, then pay citi direct or through payplan & write 1stcredit, informing them that you are already on a credit management scheme & that you are paying citi direct through payplan.

they might well leave you alone then.

 

keep us informed ... but keep paying something & get that CCA off.

 

dx

Edited August 14, 2008 by dx100uk
fingers!

[OldGlory]

Thanks dx

 

I will find out if it still belongs to Citi

 

Forgive the ignorance but I take the CCA is the signed agreement I had with Citi when I took out the initial loan

[babybear39]

Yes it is OG...

 

You need letter N here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT. Amend to suit, add a line requesting a copy of the notice of assignment (this will confirm whether they own the debt or are acting as agents) and a statement of the account (this is free of charge) since they've had it, DO NOT SIGN IT, print your name, use a £1 postal order and keep a note of the number to check if they cash it, send recorded and keep a copy of the letter with your postal receipt.

[Chalkitup]

Yes it is OG...

 

Head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT. Amend to suit, add a line requesting a copy of the notice of assignment (this will confirm whether they own the debt or are acting as agents)

 

Hello OldGlory,

 

1st Credit will do their best to mislead you regarding what Assignment (if any) they hold........ Add something like this to your letter ...... amend to suit....

 

Since ??/??/08 1st Credit have been telephoning and writing to me regarding the above account. Your various letters, which of course I have kept, are very misleading as they state in some that you have purchased the debt and threaten legal action and in others that you are just collecting the debt. I have received no Notice of Assignment from either Citi Financial or 1st Credit and as such I have no knowledge of the type of Assignment that 1st Credit has purchased, if indeed any. Hence having not received a Notice of Assignment, which I should have done, I wish to know exactly what legal right 1st Credit have to collect this debt. Are you merely an agent collecting for Citi Financial, do you have an Equitable Assignment or do you have an Absolute Assignment. I will of course also require a copy of the Notice of Assignment that you legally should have sent me.

 

Onwards and Upwards

 

Chalkitup

[OldGlory]

Thanks BabyBear & Chalkitup

 

I have been checking my paperwork tonight 7 have found the initial letter from Ciyi who said they have ASSIGNED the account to 1st Credit

 

What does this mean? Do I owe them or Citi

[blipvert]

Thanks BabyBear & Chalkitup

 

I have been checking my paperwork tonight 7 have found the initial letter from Ciyi who said they have ASSIGNED the account to 1st Credit

 

What does this mean? Do I owe them or Citi

 

Well, I'll keep an eye on this thread because my CITI letter implies the same.

[OldGlory]

Hi Mozzat

 

What stage are you at now with 1st Credit?

 

Have you spoken with them or do they try & phone you every day

[Chalkitup]

Thanks BabyBear & Chalkitup

 

I have been checking my paperwork tonight 7 have found the initial letter from Ciyi who said they have ASSIGNED the account to 1st Credit

 

What does this mean? Do I owe them or Citi

 

Well, I'll keep an eye on this thread because my CITI letter implies the same.

 

Hello Both,

 

Their letter saying "assigned" is misleading in effect ............. they never say what actual assignment they have ............. that is why you need to ask them when ever you write to them .....NEVER TALK TO THEM ON THE PHONE .....

 

Very Basically ....

Equitable Assignment means "Right to collect has been purchased but very little else" - they own account in conjunction with original creditor. They can not take you to court without original creditor.

Absolute Assignment means "Liable for all duties - own all rights and duties".

 

Different people have different views on paying these DCA's ..... I never pay them until they can prove they are legally entitled to collect debt .... i.e. I do a CCA request and wait for a proper agreement with all the prescribed terms to be sent to me ....... Never yet happened!! However I do continue to pay the original creditor through my debt management plan with CCCS until the original creditor will not accept that payment (which sometimes happens) or until they start to get stroppy after I point out the proper agreement has not been sent.

 

If the proper agreement with all prescribed terms does not arrive with you after 12+2 days of sending the CCA request you can actually stop all payments to them until they produce the agreement.

 

Onwards and Upwards

 

Chalkitup

Edited August 16, 2008 by Chalkitup

[babybear39]

Absolute Assignment means "Liable for all duties - own all rights and duties".

 

Nit picking a bit here...Absolute assignment means they've bought the whole debt. From 26th May 2008, CPUTR 2008 makes all DCAs liable for all duties whether the debt is equitable or absolute

[creditcardmug]

Nit picking a bit here...Absolute assignment means they've bought the whole debt. From 26th May 2008, CPUTR 2008 makes all DCAs liable for all duties whether the debt is equitable or absolute

 

It makes them the "creditor" for the purposes of s77/s78, but what status the assignment has is a separate matter.

The bottom line is if it is assigned to anyone, the OC and the new "owner" must both write to you to verify this IMHO.

 

They should also make it clear which type of assignment it is, all this before you begin making any payments to the new creditor/Dca etc.

[babybear39]

Oops, yes, sorry, forgot to add that bit in

[blipvert]

Hi Mozzat

 

What stage are you at now with 1st Credit?

 

Have you spoken with them or do they try & phone you every day

 

Hello OldGlory. They are at the stage where they are being extremely obnoxious and making all manner of threats. Can anyone tell me, do they do the 'bad cop, good cop' routine as part of their psychological harrasment ?.

[dx100uk]

can't see why you are putting up with the phone calls

if you have fired off the above letter....

then quote it to them on the phone [the relevent section] and state that the phone conversationhas been recorded at the request of the OFT or who ever & put the phone down.

 

you are under no obligation to listen to the calls, they are a DCA, nothing but verbal letter writers. the more you listen to them, the more they will think they re getting somewhere with you.

 

quote the act and request all comms by letter only, then you have it in black & white to show the relevent authority to prove they are harrassing you, then put the phone down.

 

dx

[mosheyaroq]

New to the site but have found this info both helpful and a little disheartening. We have had a number of calls from this company - same guy which makes me think he is an agent. Apart from being extremely obnoxious and intransigent he also threatened me with any number of things including bankruptcy. We are currently in £34k debt which we are managing through Payplan, with £1.7k being through Citi whom 1st Credit claim is now owed to them. Payplan say there is nothing they can do and to sit tight - easy for them to say when they are not taking these calls and receiving the letters. Not sure what we can do but I will take a lot of the advice on site on board and will try to make the most of this situation!

[babybear39]

Hiya moshey,

 

You need to start your own thread where you'll get answers specific to your own position which won't get mixed up here.

 

1st credit are breaching a number of OFT guidlines and the CPUTR 2008 by by-passing your DMP company. Any calls should be logged, timed, dated and transcripted (recorded if possible, you don't need to tell them) and all letters should be copied and sent to your DMP with a copy of the call log.

[nicknoks]

Hi, I'm a little confused with what I should request from 1st Credit - letter of assignment or credit agreement! Also other posts suggest I should enclose a £1 postal order, what is this for? I had an arrangment in writing (states will be reviewed 1/7/09) to pay £40 per month to Goldfish! I then received a letter from them advising the debt has been assigned to 1st Credit. The direct debit is still coming out of my account (ref Barclaycard)! 1st Credit have now written advising the amount has been assigned to them and 'in accordance with Data Protection will forward a copy of the personal information they have about me on their system', for a £10 fee! Can anybody advise what I should request, should I enclose a postal order for £1 or £10 and should I state 'Without Prejudice' on my letter? I would be grateful for any clarifications.

[blipvert]

Hi, I'm a little confused with what I should request from 1st Credit - letter of assignment or credit agreement! Also other posts suggest I should enclose a £1 postal order, what is this for? I had an arrangment in writing (states will be reviewed 1/7/09) to pay £40 per month to Goldfish! I then received a letter from them advising the debt has been assigned to 1st Credit. The direct debit is still coming out of my account (ref Barclaycard)! 1st Credit have now written advising the amount has been assigned to them and 'in accordance with Data Protection will forward a copy of the personal information they have about me on their system', for a £10 fee! Can anybody advise what I should request, should I enclose a postal order for £1 or £10 and should I state 'Without Prejudice' on my letter? I would be grateful for any clarifications.

 

You need to start up your own thread, your request will get lost in here. Put up as much detail as you can but keep details that may identify you OUT of your append.

[westendwendy]

Hi Nicknoks,

Start a new thread explaining your situation and someone more experienced than me will be able to help you.

The letter templates are here though, I believe you will need letter 'N' but please wait for other replies to be sure.:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[42man]

I would please urge all of you who are posting for the first time....please start a new thread in the debt collection forums.....

[jayfin1]

haveing asked for a cca and all proof that the debt is my partners , 1st credit have passed it on to another company ! so do we just do the same to the new company and if so will this just go on and on etc ? many thanks , jayfin please help .

[42man]

Hi Jayfin....is it possible you can start your own thread ? They shouldn't have passed it on if (did they pass it to Connaught ?) if they haven't supplied your agreement !!

[alflizo]

Hi,

I hope some one can help us, my partner took out a loan with the Halifax about 10 years ago, I think the original loan was for £5000, after a year or so Halifax phoned my partner and offered to increase the loan to £10,000 as intrest rates had gone down and the monthly payments would be pretty much the same!! Of course my partner said ~Yes. He paid this loan monthly for about two years and then defaulted. He went to our local CAB and they sorted out his finances and he has been paying £40 per month since then.

He received a few calls from 1st Credit and and told him that he has to pay the full amount and they wanted to take this payment over the phone. Of course he told them that he did not have the money and they asked if there was someone he could borrow off. (how absurd) he said that we have 7 days to pay in full (the amount they are looking for at the moment is £11,287.11) before he knew who they were they asked if he was working he stupidly told them that he was and that he is self employed, they asked what his earnings are and he told them that it was between £10,000 - £20,000. As far as he is aware he did not admit the debt.

I have also spoken to them and they have told me that if he does not pay this amount they will sent baliffs round! they also said that they would not be prepaired to carry on with the current payment plan with out security, they then asked if we own the house, i told them that we do. At the moment we are not really sure what our options are as we have been paying an amount since the first default.

 

Any help would be appreciated.

[lickthewallfatboy]

alflizo

 

you'll need to start your own thread......it gets you the help you need and doesn't clutter up someone else's thread at the same time

 

there's plenty of people here with experience of 1st crudit.....you'll get the help you need

 

post a thread in the DCA section....it gets most traffic

[alflizo]

Thanks,

 

you may think I'm really thick but I cant find any link to allow me to post new thread ????

 

again any help would be appreciated

 

Thanks