Citifinancial and 1st Credit

[affirmation]

I had a loan from Citifinacial whcih I defaulted on - new baby etc etc.

 

 

The debt got assinged to 1st Credit who tehn instrcuted Connaught Colelctions

who issued a statutoiry demand and I then settled the aco****.

 

 

Having checked my credit report there are two defaults for thisa ccount listed.

 

 

one for Citifinacial for £6,482 and one for 1st Credit for £6,483.

 

 

I ahve contactted experian explaingint that this is the same debt and

 

 

they have replied that they have written to the respective companies - what can I do about this?

[affirmation]

I had a loan from Citifinacial whcih I defaulted on - new baby etc etc. The debt got assinged to 1st Credit who then instructed Connaught Collections who issued a statutoiry demand and I then settled the acount. Having checked my credit report there are two defaults for this account listed. one for Citifinacial for £6,852 and one for 1st Credit for £6,853. I have contacted experian explaining that this is the same debt and they have replied that they have written to the respective companies - what can I do about this as at teh moment it looks like I owed 13k plus rather than just over 6k - surely one should be removed but which one and how?

[Jesteruk]

CLICK HERE Edited November 28, 2008 by Jesteruk

[affirmation]

Thanks Jester

 

i think for now I'm going to wait for experian to coem back to me - hopefully if they dont get a reply within 28 days i can get both removed!!

[affirmation]

I seettled an aco**** wiht CONnaught Collections over 3 weeks ago.

paid on teh Friday and was told receipt would be sent monday -

no receipt arrrived

 

 

so phoned tehm - they said give it a couple of days - still no receipt so phoned again

- said he would sent teh letter out straight away - still nothing received.

 

 

they were acting on behalf of first credit -

 

 

So I phoned first credit and told tehm I ahd settled the account

 

 

and that I wanted them to amrek the default on my filed as such

 

 

- I was told theat woudl eb done straight away - surprise surprise it has not!!!

 

is there a standard letter to send

- i have contacted Experian asking them to chase first credit so that the entry can be corrected

but I want teh receipt from CONnaughts, whom I paid as I do not trust them to not claim a part settlement later

on and go for the balance of the original total amount!!

[42man]

Do you have the settlement amount in writing ? Can you give proof that you paid the amount ? If so I would go through their official complaints procedures.....

[affirmation]

I have a satisfied default notice on my file from 1st Credit - I have paid off the debt but never received a default notice.

 

I wrote to 1st Credit asking for a copy of the default notice etc under CCA 1974.

 

They have provided details of the amounts outstanding (nil) and then go on to say:

 

"We are not obliged under the CCA 1974 to provide you with a signed true and certified copy of the original default notice netiher are we obliged to provide any deed of assignment and would refer you to seciton 136 of the Law of Property Act 1925 whcih provide that the debtor is notified of the assignment of the debt in writing and not a copy of the Deed itself"

 

Am I missing something? surely they must provide me with a copy of the notice - like I said it shouldnt be registered as one was never sent!!

[Shawn0109]

They have to comply with the law and send you what you request if it's a CCA they have to under the law comply with your request same with the SAR they have to by law comply with your request, I would make a complaint with OFT and FOS.

[Guest dvdriley]

They will have to provide at court

[affirmation]

Why are they saying that under the CCA 1974 they are not obliged to send me a copy of the default notice!? surely they are - just want to make sure before I write back demanding that they comply with my first letter.

[42man]

The default notice is usually issued by the original creditor, it might be worth sending a SAR.

 

Have a read of some of the links in here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

[affirmation]

The default on my file is under 1ST Credit and no default under Citifinancial (OC)

[affirmation]

Anyone able to clarify the validity of their statement - i wish to send a reply but am not clear on what to write!

[Toulose LeDebt]

"We are not obliged under the CCA 1974 to provide you with a signed true and certified copy of the original default notice netiher are we obliged to provide any deed of assignment and would refer you to seciton 136 of the Law of Property Act 1925 whcih provide that the debtor is notified of the assignment of the debt in writing and not a copy of the Deed itself"

 

They are quite correct in stating they are not required to provide the deed of assignment. This is the actual document drawn up between them and the OC.

 

What you should be requesting is a copy of the 'Notice of assignment'.

 

The assignment is only deemed valid from the date when this notice has been served on you.

 

If they cannot prove you were served notice pursuant to Sec 196 (4) of this 1925 LoP Act then they do not have title to the account.

[affirmation]

Thanks Toulouse

 

The notice of assignment is not such a concern rather the fact that they have registerd a default on my credit file and I have not received a notice of default - where do i stand in requesting a copy of this notice as they are saying they are not obliged to provide it! the original debt is with citifinancial - the default on my file is from 1st Credit.

 

Cheers.

[affirmation]

How is this letter to send to Worst Credit?

You have failed to respond to the requests I have made under section 78 of the Consumer Credit Act 1974. I am extremely disappointed to note that despite being unable to provide me with a copy of the alleged agreement or an appropriate Default Notice you still have a default marked on my credit file.

I respectfully request a copy of your complaints procedure so that I may take this matter further.

In addition to the supply of the originally requested documents and your complaints procedure I request that you remove the default from my credit file(s) in relation to the above account and from my wife’s files if appropriate within seven days.

If you do not remove the default entry I shall make formal complaints to the information Commissioners Office for the abuse of processing my personal data without an appropriate default notice having been served or an executed credit agreement in place.

Further I shall make a formal complaint to the Office of Fair Trading for the serving of a Statutory Demand upon me under the following circumstances:

1.

I had not been issued with a default notice;

2.

You refused a reasonable repayment proposal with your representative stating that if I did not pay over £400 per month you would bankrupt me and force the sale of my home;

3.

There was no equity in my property which was explained and proof was offered – I was told it doesn’t matter and that you were also making someone bankrupt for the sum of £1,200 and so proceedings would definitely be initiated against me;

4.

I had not refused to try to resolve the matter and actively sought to rectify the situation but always met with a resolute intention to start bankruptcy procedures forcing me to approach and obtain an emergency loan from my employer causing great embarrassment;

5.

You placed a great distress and panic upon me.

6.

The Statutory Demand, I now realise, was not served in an appropriate fashion and all correspondence and telephone conversation were bullish and designed to frighten and intimidate me into paying a debt which could not be legally enforced

I find your actions completely reprehensible and I shall take this matter to the very highest authorities to see that such actions do not go unnoticed and appropriate reprimands/penalties are enforced.

I shall also copy all complaints and letters to my local MP.

I am prepared to let the matter rest however upon the removal of the default from my file and the discontinuation of the processing of my personal data. Should you prefer to respond with reasons as to why you believe your actions were responsible and reasonable and you refuse to amend my credit data then I shall pass all the information onto the relevant authorities mentioned above to deal with.

 

Do you think I should add or take out anything?

[affirmation]

respectfully bumped.

[42man]

Letter looks fine and I urge you to report them to the OFT too !!! as you know 1st Credit have been recently scrutinised as you probably know - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

[affirmation]

cheers mate.

 

Absolutely these S.O.B.'s need nailing to the wall - anyone think it liekly that the OFT will actually enforce a penalty or revoke their licence - would love to see it but it will never happen. But we can but try!!!

[palomino]

Why are they saying that under the CCA 1974 they are not obliged to send me a copy of the default notice!? surely they are - just want to make sure before I write back demanding that they comply with my first letter.

 

The Consumer Credit Act has no provision for your receiving a copy of your default notice in the same way that you can request a copy of your credit agreement.

[affirmation]

ah ok, but surely they will have to produce it when i am contesting with the CRA's the validity of their processing a default on my file?

[affirmation]

Received a letter from Worst Credit today providing their complaints procedure but making no reference to anything else in my letter to them!!!

[mr.ton]

Report them to the OFT & trading standards.

They are already in the brown stuff with them anyway - another complaint just adds to their demise

[affirmation]

ok have drafted my complaint:

 

This complaint covers two grievances. The first is the issuing of a Statutory demand where there was no legal entitlement to do so.

The second is the complete disregard of a request made under the Consumer Credit Act 1974 for the provision of the alleged executed CCA and other documents.

Complaints

1.

I was issued with a statutory demand by Connaughts, a subsidiary or some-such of 1st Credit for a debt allegedly owed to Citifinancial. This statutory demand was sent by standard mail and not served in the prescribed manner. I spoke with Connaughts offering a payment that would very much stretch me financially but felt confident of repaying. Connaughts reply was they would accept nothing less than 8 times that figure and if I was unable to then the recommendation was to apply for bankruptcy. I made clear to the representative that there was no equity in the property as there was a second charge on the property belonging to a third party. The first mortgage and the second charge amounted to a figure greater than the value of the house. The representative mentioned that the recommendation for bankruptcy would proceed as the land registry records had been checked and it was noted that I purchased the property recently and so anyone who as able to do so must have equity in the property. I referred him to my previous statement and explained that I had a very young son and together with this fact I did not expect a bankruptcy order to be granted given the amount I owed. The representative replied that there was another proceeding going through against someone who only owed £1,200 and so bankruptcy would definitely be applied for.

At no time was the following administrated:

a.

My income/expenditure and affordability was never asked for nor assessed and was instantly dismissed when I mentioned I couldn’t afford the demanded repayment schedule.

b.

The telephone manner of the representative was that of hard nose bullying who was making it very clear that my home would be taken from me and sold unless I agreed to commit to a payment plan that I had already stated was far above what I could afford.

Furthermore I have now come to learn that such proceedings should never be brought where the subject person has not been issued with a Default Notice. This is completely unacceptable and I believe that Connaughts had incorrectly served a Statutory Demand to frighten and bully me into paying a debt that they could not have enforced without the executed credit agreement and the prior serving upon me of a Default Notice.

The situation caused me severe distress and great fright for the welfare of my young family forcing me to approach my employer and explain the situation to him causing great personal embarrassment. Fortunately my employer came to my rescue, a rescue that he should never have been asked to perform save for the outrageous behaviour of 1st credit and Connaughts.

2.

On the 9th of February 2009 I requested under the Consumer Credit Act a copy of the alleged executed Credit Agreement to which the matter pertains together with a true and certified copy of a Default Notice if served in respect of the account and a copy of the deed of assignment.

I understand that you are not obliged to provide a copy of the Default Notice under the 1974 Act however as you are processing my data with Credit Reference Agencies and sought to serve me with a Statutory Demand it is very relevant to ascertain whether a Default Notice was served upon me correctly – which I resolutely maintain that you did not neither did Citifinancial, the original creditor.

I have received one reply to this request providing some limited information as regard to balances of the account and a statement that other documents will be forwarded to me once found.

As yet I have received no further documents and I have since requested that the default placed on my credit file be removed in light of this.

I am yet to receive a response to this save an undated letter providing the complaints procedures.

Required response

I very much hope that this matter is taken seriously and looked at to be resolved as quickly as possible. At the very least I would expect a sincere apology for the conduct of 1st credit and Connaughts over the issuing of the Statutory Demand and reassurance that such occurrences will not continue with others together with confirmation that any adverse credit data

i.e.

defaults etc will be removed from all credit agencies to whom you have supplied such data.

 

[palomino]

Leave out the whole sentence about your employer coming to your rescue - it is unnecessary elaboration.

In any case it could be interpreted as your now having the means to be able to repay the debt or at least make the level of repayments that they are demanding.