1st Credit debt collectors re old Visa Associates loan, now Citi-financial

[edsmith323]

Hi All

 

I took out a loan in Feb 2002 with the then Visa Associates who are now Citi-financial,

 

in October 2003 I became homeless and unemployed on pretty much the same day due to closure of our family business (we ran a country pub).

 

I took the responsible approach and I wrote to Citi Financial explaining my circumstances and my proposal to over come the fact I couldnt pay them for the interim time.

 

I proposed to take a 3 month payment holiday whilst I found alternative employment to which they agreed.

 

I landed a job within 2 weeks (luckily I might add).

 

At the end of the 3 months I asked Citi Financial if I could make reduced payments for a further 3 months

as there were others creditors that needed paying at the same time as them.

Again they agreed.

I had cancelled my direct debit and was paying by telephone payment.

 

When I came to reinstate my direct debit and return my payments to the full amount this is when the pain started.

I was told by the person on the phone that my loan had been refinanced for a further 8 years (I was already 2 years into a 5 year agreement)

and my payments would have to remain at their current level, not over payments allowed.

 

I protested and protested and wrote to them twice, both times with no answer, so I stopped paying them.

The loan was defaulted in May 2005 and I havent paid them a penny since.

 

I recieved 2 letters from 1st credit in December 2010 asking whether I lived at this address

as they've checked the electoral role and think they've found me, (not that I was hiding)

and the other on the next day titled "Legal Proceedings" stating thier intentions to obtain a CCJ unless I contacted them.

 

I idiotically rang them and ended up arguing with the uneducated tike on the other end of the phone

who basically told me that courts will automatically award CCJ's because I was being irresponsible in not paying my debt.

 

I wrote to them pretty much explaining what I've said above and enclosed copy letters to back up what I said.

I included in my letter I felt I'm not responsible for the outstanding amount and was not going to pay it.

 

The current situation is: -

 

The defualt no longer exists on my credit file.

I have not paid any monies since approx April 2005 - although 1st credit claim otherwise.

I recieved acknowledgement of my letter dated 12/2010 from 1st credit saying passed to thier clients, no follow up since then.

I have received 2 letters offering substanial discounts off the debt if I "pay today"

 

Latest letter received from 1st credit explains they have checked my credit file

and they can now tell I'm in a position to pay them so effectively all bets are now back on!

 

Telephone call of todays date from a "Mr Brown" explaining if I confirm my details (which I didn't)

he can help me by getting money from my mortgage to pay the loan as he can see I'm a home owner.

 

What can I do to stop these people, they are liars, and fraudsters and so low down the food chain they rank below pond life!!

 

Any help would be appreciated.

 

Thanks for being patient and reading

 

Ed

[brokebutnotbeatn]

Ignore.

 

If you had ignored them in 2010 this debt would have become SB'd around May 2011.

 

By wrting in 2010 I assume you acknowledged the debt in which case the clock started ticking again.

 

However, if they are offering discounts that would imply they don't have the paperwork requisit to take you to court.

 

I would assume they have no paperwork showing agreement to the loan being refinanced so there is nothing that can be produced in court as a result.

[joesoap]

Not a 100% sure but I think statute barred starts from the last payment, this debt could just be that. I do stand to be corrected though.

[BRIGADIER2JCS]

SB == 6 clear years from the date of the last deinquent payment that is the date

after which no further payment was made and no written acknowledgment has

been made.

Have you at any time written to 1st Credit just admitting the debt is yours

in any way.

[Stigman]

Hi Ed,

 

When you wrote back to 1st Credit in 2010, did you admit the debt in the letter?

 

Personally, I'd send the Statute Barred letter and see what 1st Credit comes back to you with.

 

Stigman

[BRIGADIER2JCS]

Send nothing until you clarify what you wrote to them in 2010.

[edsmith323]

Hi, thanks for the replies.

 

When I wrote to the in 2010 I did acknowledge I knew of the debt, but was in dispute over paying it.

So I'm guessing it's not SB.

 

The agreement number they have put on their paperwork to me is different from the agreement number on my original signed CCA,

but I reckon that may have something to do with when they changed names to citi financial.

 

Ed

[firstship]

Hi Welcome.The fact they are offering substantial discounts it would indicate they do not have the paper work to back up the account,and that it is in your case Statute Barred.

 

As always they will say you have made a payment since 2005,

as long as you are sure you haven't, send them a letter (no phone calls) that this account is Statute Barred(letter in site file)

and you do not wish to receive any further communication

 

They will probably indicate when you made the phantom payment,lets wait and see

 

Regards FS

[BRIGADIER2JCS]

You are right this amounts to a written acknowledgment,

your other thoughts are correct to.

[BRIGADIER2JCS]

Hi Welcome.The fact they are offering substantial discounts it would indicate they do not have the paper work to back up the account,and that it is in your case Statute Barred.As always they will say you have made a payment since 2005,as long as you are sure you haven't, send them a letter (no phone calls) that this account is Statute Barred(letter in site file) and you do not wish to receive any further communication

 

They will probably indicate when you made the phantom payment,lets wait and see

 

Regards FS

 

There has been written acknowledgment of the debt.

[firstship]

Brig do you not think its worth a shot with SB letter

 

FS

[BRIGADIER2JCS]

With 1st Credits current record no, they seem to be

very much on the ball where it comes to SB status.

All that said it is up to the OP to decide, I feel that

it may drag up more ''evidence'' to support their case.

[edsmith323]

Thanks FS

 

I've checked all my banking records since 2005 and definitely haven't made any payments to them.

I bank online with both my accounts so was able to trace the payments I've made.

 

The person I spoke with on the phone back in 2010 said I made a payment in 2009 through a company called "scott call".

 

That was his reply after I said no payments for 6 years must be dead and buried.

[firstship]

Ed.......It is a long time since Iv'e had a run in with 1st Credit,(Brigadiers thread 12) is more up to date,it appears so, take his advice

 

Regards FS

[BRIGADIER2JCS]

You can ask them to prove the payment to Scott Call

 

You want to know the exact date of payment

the method of payment

the name of the person paying.

The bank the payment was drawn on.

the account number or card number.

Cheque No. if paid by cheque, bank branch and sort code.

Debit Card No.

Bank Transfer reference.

[edsmith323]

The payment certainly didn't originate from me, and doubt very much if they the information anyway.

 

The more disturbing thing for me right now is the phone call today from a Mr Brown at 1st credit claiming to be able to get money from my mortgage to pay this debt. They've written to me in the past saying they can see from my credit file that I'm financially able to pay the debt. Can I stop them from looking at my credit file??

 

What gives them the right to behave in this manner.

[BRIGADIER2JCS]

Why did you speak to them, always tell them contact in writting only.

The rest of the 1st credit speak is rubbish.

If the account is in your name no you can't stop the checking.

Get on and do the CCA request.

[edsmith323]

I spoke to them before I knew better, which incidentally is today.

 

What is a CCA request??

[BRIGADIER2JCS]

A request to the company last to conatact you in writting

regarding the debt it requires them to produce a copy of

the credit agreement within 12+2 days the statutory fee

is £1.00 send a postal order,use the template letter in the

CAG library.

[edsmith323]

Ok I've found the template and I've filled in the details pertaining to me.

 

What happens next should they not manage the timescale, or if they do manage the timescale??

[BRIGADIER2JCS]

Ok I've found the template and I've filled in the details pertaining to me.

 

What happens next should they not manage the timescale, or if they do manage the timescale??

 

The account is the put into dispute until they provide the agreement.

Collection activity should be put on hold until they can comply.

[fightingback99]

There has been written acknowledgment of the debt.

 

Only if 1stCredit have kept a copy of the letter OP sent in which they admitted knowledge of the debt . Is that likely?

[BRIGADIER2JCS]

Only if 1stCredit have kept a copy of the letter OP sent in which they admitted knowledge of the debt . Is that likely?

 

Very likely, the are good at cooming up with answers at present, would you

bin a letter that admits someone owes you a lot of money.

[Undercover-Elsa]

Depends exactly how the letter was worded and whether it was signed too. If it was stating that the account is in dispute it's hardly an acknowledgement.

Elsa x

[edsmith323]

Thanks to everyone for taking the time to reply

 

I cant remember whether I signed the letter, I'm suspecting I did as until reading here it bad to sign letters I knew no better.

 

I did put in the letter that I was in dispute of the debt over they way I had been treated and the fact they changed the terms of the agreement as I saw it without my permission or prior consultation.