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    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
    • There were 1,348 company insolvencies recorded in August 2021 in England and Wales, according to the latest figures published by the Insolvency ServiceView the full article
    • Do not appeal. Please can you complete the questions below. If their NTK is wrong they cannot transfer the liability to pay from the driver to the keeper. If they do not know the name of the driver then they are stuck. No-one to claim the money from. In any event most of the roads on the airport  either come under the Road Traffic Act or the airport Byelaws. if they do then not even the driver is liable since Apcoa has no right to issue tickets for either of those type of roads. But they still do and people still pay them.     
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Citifinancial....are They Right?????


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I recently found out that CitiFinancial had put a default on my credit file. I went down the route of asking for the agreement etc. After the deadline had elapsed I got the letter that is shown below.

Could someone tell me if what they state in the letter is in fact correct? They state that First Credit has the debt. I sent the request for the agreement to First Credit who has ignored the letter and who are now themselves way past the deadline.

As they were the one to put the default on my file isn’t it them that should now remove it?

Any help would be greatly appreciated.

I will also add that the letter you see below is exactly how I got it apart from my address was on it. They had no return address, no date, no reference number, no name and title of the sender.

Dear Mr ********

RE:

Thank you for your letter in which you have asked us to provide copies of your agreement with CitiFinancial under section 78 of the Consumer Credit Act 1974, and documentation in relation to registration of the default on your account.

We have to inform you that we are under no obligation to comply with a request for a copy of your agreement under the Consumer Credit Act as we no longer have a contractual relationship with you, nor are we seeking to enforce any agreement against you. Your right to be provided with this information from CitiFinancial ended with the assignment of your debt to First Credit. Additionally there is no legal requirement to provide a copy of the original default notice sent to you at your previous address.

Should you believe that the default has been registered against you incorrectly, please contact First Credit on 0870 1642042 to discuss the status and its possible removal.

Yours sincerely

(Signature that can not be read)

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We have to inform you that we are under no obligation to comply with a request for a copy of your agreement under the Consumer Credit Act as we no longer have a contractual relationship with you,

Wrong. The obligation to supply you with a copy of the agreement still exist.

 

Your right to be provided with this information from CitiFinancial ended with the assignment of your debt to First Credit.

Again wrong. This will have been assigned by way of an equitable assignment where the right to collect only passes to the new party. The obligations do not.

 

Additionally there is no legal requirement to provide a copy of the original default notice sent to you at your previous address.

 

Again wrong. The default notice has to be served and comply with the Regs in order to be legaly valid.

 

Should you believe that the default has been registered against you incorrectly, please contact First Credit on 0870 1642042 to discuss the status and its possible removal.

 

Don't think so. They'll tell you a similar lot of b*llocks to Citi.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory i thank you for your reply. Everything you said is what i was thinking only you put it in a language i would be able to use :)

 

Not trying to be lazy as i have searched the best i can and can not find anything but do you know of any letter that may be available to reply to them?

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I'll have to have a think with regards to the exact wording of it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Quick question, when did you take out the credit card and how much is owing on the account?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You could try-

"It is the duty of Data Controllers to ensure that the information passed to

their customers by their staff complies with the Law. Before I pass your letter of the .....July 2007 to Trading Standards claiming that your company are not fit and proper persons to hold a Consumer Credit Licence, perhaps you would show your Data Controller your response to my letter.

 

I trust he will be aware of the seriousness of your position and I will receive

the information that I asked for.A complaint will be lodged with Trading Standards should I not receive the relevant paperwork within fourteen days

from today".

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rory sorry it took me so long to reply as i have been away working. Also thank you to everyone else who replied.

 

Its not a credit card its a loan and was taken out about 4-5 years ago. not sure how much is owed but i think it is around the £1600 mark.

 

This all started when I moved overseas to work and i lost track of everything. I got a letter from Connough about this not long after i came back. I offered them a payment of £900 to settle which they refused. I then CCA'd them and they told me thas been passed back to First Credit. I then CCA's First Credit but never got a reply. It was then i got a copy of my Credit File and found the Default from CitiFinance.

 

If anyone can put my reply in a language that might half look legal i would really appreciate it. im not great with things like that.

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OK how does this look as a reply????

 

 

CitiFinancial Europe PLC

DX 729900

Sunderland 15

Date: 08/08/2007

Account Number/Reference: XXXXXXXXXXXXXX120P

 

Dear Sir/Madam,

 

 

Thank you for your letter which I received on 31st July 2007 via recorded delivery.

In your letter you state you have no obligation to provide me with the information I requested. I would like to inform you that your obligation does in fact exist. When you sold this so called debt to First Direct the right to collect passed over but your obligation did not. I have also made a request to First Credit for the information I seek but to date they have not replied so I only have your word that the so called debt was indeed passed on.

 

In my letter of the 23rd May 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition I requested a signed, true and certified copy of the original default notice. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 12th June 2007 and 12th July 2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence. 7

 

As you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to CitiFinancial.

 

I require the following action from CitiFinancial:

 

1. All payments made to date to CitiFinancial for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by CitiFinancial. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force CitiFinancial or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your written reply within 14 days to resolve the matter amicably.

Yours Faithfully

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Letters fine, although I would change "so called debt" to "alledged debt".

 

Just be aware that Citi are an awkward bunch so you may get a load of cobblers back.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Truthfully, I have no idea. As i said before im not great with these things so at the moment im trying my best to make sense of other letters and bits i read to put a completed letter together.

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