1st credit and Citi Financial debt

[little_evo]

Hi all, i have a rather small problem i need help with...

 

A relative of mine has just received a rather ambiguous letter from 1st Credit...

 

it states....

 

Dear Sir/madam

1st Credit (Finance) LTD is attempting to contact the above named regarding a personal matter.

Your address has been supplied as a possible address for our subject who previously lived at......

 

Please contact our offices immediately on Tel No .... and quote reference No... and we will be able to discuss further.

 

If you are not the indivudual we are trying to contact or have information that may assist us please call us immediately.

 

If no response is made within 10 days we shall assume that you are the individual...etc

 

Yours

1st Credit

 

Well the relative called to enquire what the letter was about, they said they hold the account for CitiFinancial and wish to collect money.

 

The account is over 10 years old, the last payment was made in June 2000.(Or as the person told her on the phone 2311 days ago!)

 

Unbeknowing my relative agreed (verbally) to pay £10 a month and was told it would take at least 20 years to pay the money back.

 

What can we do, are their any templates we can use to try and stop them carrying on with this alleged debt...please help..

[cerberusalert]

Cancel any payment immediately and send the losers this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

The debt is Statute Barred and cannot be legally enforced.

[little_evo]

HI there Cerberusalert.

Thank you for your reply, i was pretty sure the debt was SB, but even though my relative agreed to pay £10 over the phone, can they still chase the debt as it were, i was informed that they intend to send a payment card in the post over the next few days...

[little_evo]

I have also been informed now, that now she has made contact they are legally allowed to pursue the alleged debt..is this true or are they simply phishing...?

Thank you again for your time

[cerberusalert]

they intend to send a payment card in the post over the next few days...

They can intend what they like, if a period of six years has passed where no payment or written acknowledgement has been made ( five in Scotland) they cannot legally enforce payment. Once you have stated that a debt is Statute Barred the must cease all collection activities until they prove otherwise.

 

Morally the debt still exists but in law it cannot be enforced & under OFT guidelines they must desist. It makes not one iota of difference that your relative agreed to future payment, once a debt becomes Statute Barred nothing can unbar it.

[little_evo]

Thank you for the clarification, i shall try to keep you updated on the situation.

[little_evo]

Thanks, template letter is in the post via registered mail, shall await their response...

[lickthewallfatboy]

I bet these idiots must hit the roof when they think they've suckered some poor soul into paying on an SB debt

 

then they find CAG and whoosh!!!!

 

wave bye bye to all that commission

 

pass the hankies

[little_evo]

I bet these idiots must hit the roof when they think they've suckered some poor soul into paying on an SB debt

 

then they find CAG and whoosh!!!!

 

wave bye bye to all that commission

 

pass the hankies

 

Well when i called this morning on behalf of my relative (surely this is against some kind of ruling or law also...) to question what the letter was about, i did explain not to call again and that all further correspondance should be done in writing only. The phone operator, then duely informed me that although my relative agreed (over the phone to pay £10 per month) that they can chase the alleged debt. I questioned this and i got the hold tone and then hung up!

[42man]

If there is a gap of 6 years anywhere in the life of the debt then it IS statute barred and nothing can unbar it.....I would also say that if you are going to call them again then please record the call if you can....and please report them to the OFT...

[lickthewallfatboy]

they can't chase it

 

they are lying

 

true to form at least

[PGH7447]

poor 1st crapit, lost out again hahahahahhaaa - idiots

[Huff&Puff]

Well when i called this morning on behalf of my relative (surely this is against some kind of ruling or law also...) to question what the letter was about, i did explain not to call again and that all further correspondance should be done in writing only. The phone operator, then duely informed me that although my relative agreed (over the phone to pay £10 per month) that they can chase the alleged debt. I questioned this and i got the hold tone and then hung up!

 

This is why we advise never to phone. They have breeched OFT guidelines previously. At least they are slightly more reluctant to do so in writing, and when they do, you have strong grounds to complain to Trading Standards and the OFT, which usually makes them go away.

Edited February 17, 2010 by 42man

[little_evo]

Morning all.

 

A few weeks ago i mentioned that 1st Credit had contacted a relative of mine regarding an alleged debt, the letter was as vague as could be and did not show who the alleged debt was to, so thanks to a few people i sent them a template letter and we have not heard from 1st Credit since.

 

Now on saturday the relative received 2 letters from SRJ Debt Recoveries.

One states "Trace Confirmation" (red letter heading etc and to call immediately), the other is a "Pre Litigation Proceedings" letter. (Again red letter heading, with a Client and a 3rd party reference number), it is from a catalogue for just under £150.

 

Again are 1st Credit and SRJ one of the same company or are they different companies and have 1st Credit sold the alleged debt onto another DCA (considering the letter we sent them last time?)

 

Any next steps would be greatly appreciated.

Many thanks

[debt4get]

if it is a catalogue debt wouldnt worry too much..send a cca request.chances of them having an enforceable cca is about zilch...dont know if first crud and srj are related...but dca's have a habit of passing debts around themselves especially when the arent enforceable.. pre litigation department is just the next desk down it is absolutely meaningless if you actually look carefully at letters they normally say ...we may...we might etc

[little_evo]

Hi thank you for your response, as far as we are aware my relative last paid on this alleged debt over 6 years ago, i understand that it would be SB if this is the case. I also understand that DCA's tend to pass the debt around, but are they actually allowed to do this if the account is in dispute? We sent 1st Credit a letter putting the account in dispute as we think it is SB and have had nothing back from them, now we have this company on our backs...sa you said most letters inform us of lots of "mays and might do's", but this one does not.

[debt4get]

in that case send the statute barred letter...not they are not allowed to but...when did that ever stop them...if it is defo over 6 years then they havent a leg to stand on and even if they initiated court action and they would have to be pretty stupid to..then you defend under the 6 year statute barred rule...game over

[debt4get]

weird for some reason my post has come out goobleydook but ok on my page...should read send statute barred letter

[robinrid2]

Hi All

Received a "Trace Confirmation" letter today;

We have failed to receive a response to previous correspondence and have therefore made tracing enquires for confirmation of your current place of residence. Information has been received confirming that your address details have changed to this address

Please contact us immediately on 0845137203 quoting above reference number"

Never heard of them before (apart from looking at other threads on here today) - so no other correspondence received from them or anyone else regarding any sort of debt and there is no mention of amount nor to whom its owed....

Any advice - seen a couple of template letters elsewhere on here - but wondering which if any to send (or to just ignore it?)

Cheers

[The GodMother]

Robin just ignore till u get further info.

 

Its strange as just recently SRJ have been harrassing me for a sky bill that they alleged is for over £200.

 

Have not had sky since 2003 and then it was in OH name not mine. Wrote to them saying not my debt and putting into dispute they want me to prove l am not the debt owner as the dish is on the property l own??? its a council house with a previous tenants owing thousands to other companys.

[debt4get]

personally i would tell them to foxtrot oscar...how the hell do you prove you are NOT the debt owner??? these people get worse..the burden of proof is on them..not on you...ignore em

[The GodMother]

I have done. The strange thing is l got a phone call from them on a private mobile. This number is not registered brought branded new last year and has not been given out to anyone, i dont even know the number so need to look it up every time, and was asked for personally.

 

This is strange as i have turned the phone on for the first time in Months, brought in november turned on for the second time on wednesday told them l had never heard of her and that l had owned the phone since l brought it in november.

[robinrid2]

Thank you both very much

Tempting as it is to write back with a foxtrot Oscar type reply (!! nice one) – suuuurely I have other things I could put that energy to like putting the bin out might would achieve more - or am I just being cynical!

Thanks again - if anything else transpires I will let you know & use one of the templates - but yes a rubbish tactic by SRJ all in all

Regards

r