Citifinancial Not being Fair

[msd123]

Hi all

 

I am posting a thread here for the first time and it is on behalf of my parents.

 

they took out a loan in June 1997 and have made all payments since and never missed a payment.

 

So as far as they are concerned their 15 year loan agreement was going to end in June 2012.

 

However, Citifinancial sent them a letter stating that in June telling tham that they still owed Citifinancial over £2000 because of interest on missed payments.

 

My parents paid approx 95% of the monthly amount and the other 5% was made by the DWP (father had an industrial injury).

 

My parents were baffled by this as they always made their payments on time (via their branch formerly known as Avco but they shut down)

and then via cheques that were sent to Citifinancial directly.

 

a complaint was made and they first stated that it was an error on their part as the DWP amount was not taken into account.

 

But then they again stated they still owed them the money

and they sent a statement from the past 2 years showing all payments being made on time but still showing a balance of over £2000.

 

The issue is that because the loan was secured (parents have paid off mortgage to their provider)

 

they have yesterday sent a letter that they will instruct solicitors to sell the house and recover the amount owing to them,

 

even though an official complaint was made to them 7 weeks ago asking them for a full explanantion on how a balance of over £2000 can be owed,

 

even though my parents made all their payments on time, they never received any letters stating that there was any overdue amount owing because of interest on late payments.

 

I feel that this organisation are being dishonest and vile,

it is quite convinient to ask for a balance owing at the same time the agreement should have ended.

 

Can anybody please help as my parents

 

don't know what to do as they have made a complaint

but in the 7th week of the 8 week period given for Citifinancial to respond to the claim,

their collections department are threatening them with legal action

and their property being sold without their consent

(even though deed is with my parents and mortgage has ended).

 

 

Sorry about the rant and the length of the post.

 

Thanks

[dx100uk]

have you all the statements?

 

sounds like PENALTY charges

 

ignore the threat-o-gram about selling the house

garbage!

 

dx

[msd123]

Thanks for the quick reply DX

 

They have not/will not send all the statements.

 

Is it worth me contatcing their collections department tommorow and telling them that an official claim has already been made and that they should stop sending junk through the post to my parents.

 

Or should they consider asking for all their history of payments via some sort of request (is it a SAR?) and if so how can my parents do this?

 

Finally call them and tell remind them abou the claim and wait for their response at the end of the 8 week period.

 

Thanks again

[dx100uk]

never call only one - you need a paper trail writing ONLY.

 

send them an sar

they must comply, its a legal request.

 

dx

[BRIGADIER2JCS]

They certainly wont get an order for sale for £2K, and it is wrong for them to try that.

 

Yes you are correct the Subject Access Request is the way to go now, there is a £10 statutory fee for the SAR, the creditor has 40 days to comply, there is a remplate in the CAG library, amend to suit.

 

The SAR should de addressed to the creditors Data Controller maked Private & Confidential. and sent by recorded delivery, so you can ckeck delivery, the 40 days starts when they receive it.

 

Send the following seperately to their compliance manager, recorded delivery.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I refer toyour letter dated xx xx xxxx in which you alleged an amount of £2000.00 remains to be paid in regard to account No. xxxxxxxxxx, please take note we do not acknowledge that any obligation still subsists on this account.

 

All due payments have been made on time and have been supplimented by a 5% contribution from the DWP, therefore no oustanding amount can be claimed.

 

Giving due consideration to this matter it would appear maladadministration onn behalf of your company has resulted in the unfounded claim now being made.

 

This matter is now formally in dispute and this letter may be considered a formal complaint, copies if necessary will be made to the appropriate regulators and finally to the Financial Ombudsman Service should you fail to rectify this very obvious mistake.

 

This letter is sent by Royal Mail Recorded Delivery and receipt will be tracked.

 

Get SAR ready but send the letter earlier if possible.