1st Credit chasing old Citi Loan

[DCAHell]

I have followed all of the advise given above and sent all the letters. i received the attached letter today and I am not sure what to do now. 1st credit had until 28th jan to supply the agreement and they have only sent the copy i attached earlier in the thread.

 

Please advise what I can do now.....

 

 

thanks:confused:

1st cred edit0001.pdf

[creditcardmug]

No!, they are not entitled to request a copy of your signature, i really want to know in which part of the Act it says that....Unbelievable:-x

[DCAHell]

Please can someone offer some advise as to what to do now with regards to these unbelievable people. Thanks

[DCAHell]

I have followed all of the advise given in a previos thread in respect of cca request and telling them to do one inrespect of requesting my signature, but i received the attached letter today and I am not sure what to do now. 1st credit had until 28th jan to supply the agreement and they have only sent the copy i attached in a previous thread.

 

Please advise what I can do now.....

 

 

thanks:confused:

1st cred edit0001.pdf

[Pinky69]

Technically they may be correct and have fullfilled the CCA request but I regard the fact that they haven't sent you a copy of the original agreement suspicious and they are using that as a lever to put pressure on you. Don't send them your signature and it is now a case of seeing how far they go with their threats.

 

A plea - don't be so dramatic with your post titles. DCAs read this and you wouldn't want to give then the impression they have you under pressure.

[IdaInFife]

Please keep tp the one thread. I think you are confusing yourself.

 

You do no need to supply your signature.

 

 they have supplied (IMO) a valid cca and they have fulfilled what they need to do

 

ida x

[fiftypence]

You have no obligation to supply a copy of your signature, and why do they need it now when they were quite happy to send letters demanding payment of a debt including account numbers to someone who they are now questioning may not be the right person?? hhhmm makes a bit of a mockery of their belief they are not in breach of DPA.

 

Have you made any payments on this alleged debt?

 

I'll try and find a suitable response to these clowns, oh and ignore their threats of legal action, total hot air.

[IdaInFife]

fifty, the op is confusing hiself,

 

if you see the above link they have already supplied cca

 

 

Ida x

[fiftypence]

Right ok.

 

So there response is completely neutral then? It seems a kind of stalemate, although they hint weakly that they may take legal action - I would call their bluff.

[twofoot]

Very confusing post, it's all over the place. I smell a rat with that CCA. My next move would be to city for subject access request (£10) asking for copies of all written correspondence involving this agreement. That way you'll get to the bottom of it. When a DCA sends CCA with no signature it often means they don't have the original, which they would need in court. Keep plugging away and you will get to the bottom of it. Also the NOA should turn up with the SAR.

[creditcardmug]

This one could be enforceable, have you had from citi, a Notice of Assignment, a Default Notice?

[IdaInFife]

but they have provided a cca with a signature?????

 

 

Ida x

[DCAHell]

I have received a copy of the notice of assignment from 1st credit but I have not had a letter of default from them. I do not understand why they will not release the cca. Please can someone help me with a reply to this company. Thanks

[Enron]

The fact that they are on a fishing trip should tell you alot, why request a copy of your signature if they know your are the account holder.

 

Pretty sure 42man could help you with a letter to request them to substantiate their claims, PM him.

[42man]

You could do this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - and you can use this directly on Citi too

 

Or possibly send a SAR to the original creditor - (unfortunately this costs £10 - send postal orders and send recorded/guaranteed) At least with this you will know where you stand

 

address it to the Data Controller at each company:-

 

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

 

If it was me i'd also send in a complaint to the OFT...1st Credit are under very close scrutiny at the moment...

[DCAHell]

thank you very much for that i will do all tomo soon as i have finished work!

[mickyblueyes]

Hi DCAHell

 

I do sympahise with you as i am in exactly the same predicament with 1st credit, execpt I have now received a letter from LCS solicitors saying unless i pay up in 7 days they will get a CCJ and then force the sale of my home to pay a £4000 debt with Bank of scotland!!!!! we are so scared at the moment we do not know what to do.

 

 

I am just about to update my thread with the recent letter so if any of you guys can give me some advice i would apprecaite it

 

Best of luck mate

 

M

[DCAHell]

I have received a reply to my subject access request and guess what....they did not send a full copy of the CCA!!! They are now giving me 14 days to offer settlement of the account and stated that they do not acknowledge any dispute of the debt!!!

 

Have no idea what to do now....this is getting stupid and I appear to be getting nowhere....anyone out there with any advise please????????

[lilly white]

Ok i see you have received your sar

 

What is different do not post on here

 

Did you put a complaint into the dca

 

Did you received a full statement of account all statments

 

I would urge to read the conditions of the argeegment

 

Also have you look at what you have paid do the sums

 

what to look for is where there are issues

 

 

Lilly

[DCAHell]

1st credit have now passed this account on to LCS solicitors, even though they have still not been able to provide me with a full true copy of the credit agreement and Citi financial have still not responded to the the SAR sent 3 March 2009!!!!! Unbeliveable!!!

 

They are demanding settlement within 7 days of letter dated 11/06.

 

Please can someone advise as to how to repsond to this. Thanks

[blipvert]

I'm unsure of your next step but LCS are 1st Credits in house 'solicitors', the inference is a letter with a 'LCS Solictors' heading attracts attention.

[jobmid]

there just antoher desk in a ist crudit office who will send you more drival. until they comply with your cca request and give you a true signed copy then they cant do anything they can huff and puff all they like.

 

also how old is this debt when did you take it out and when was the last payment on it?

[Crapstone]

Have you checked to see if you should have had cancellation rights when you look at the circumstances you took out the loan in?

[lilly white]

sent this edit to suit

 

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

PRINT NAME

[DCAHell]

I have just checked my credit record and can see that the above have rgistered a default agains me for a bank account I know nothing about this year dating back to 2004. Is there anything I can do about this??? Can they do this???