Citifinancial....are They Right?????

[Paddyc01]

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)

[rory32]

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.

[Paddyc01]

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?

[rory32]

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

[rory32]

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

[lookinforinfo]

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".

[NitrousOxide]

Hi

My dad had the same letter. It's quite astonishing how wrong they are.

Have a look here. This also contains the letter as a scan.

[Paddyc01]

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.

[Paddyc01]

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

[Paddyc01]

Bump....

[rory32]

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.

[gizmo111]

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.

 

 

On what basis would you claim this?

[Paddyc01]

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.