1st credit chasing 1997 CITI loan - no cca closed book

[riply88]

I work away a lot and have not been in the country to manage this situation.

I am back now for a while so would like to deal with this head on as best as possible.

 

Currently dealing with BWlegal/Lowells for an alledged debt from Barclaycard of approx £1500,

2 SD's issued and

I have sent a CCA request to BWL and a SAR to BC.

Spearate thread already opened.

 

I have just checked by Credit report and there are a number of inconsistancies and worrying data.

 

Strange default dates and charges applied by the DCA's,

where do i start with them?

 

do i SAR the original creditors?

some of them i dont even know what debt they relate to

as they seem to have applied charges recently even for debts 5years + old.

 

Companies include

Cabot,

1st credit,

Lowells,

Co-Op.

 

Some direction would help please, and if you want any more info please ask.

[dx100uk]

if the dca is listed as the owner of the debt

 

they can ONLY levy charges inline with the ORG T+C's.

 

an SAR always goes to the OC.

 

dx

[BRIGADIER2JCS]

Some of these debts may be approaching 6 years without a payment or acknowledgment in writting being made.

If you can post suitably redacted copies of your credit file plus details of the debts we will be able to advise more easily.

[riply88]

Ok, lets do one at a time. This entry is for 1st credit, the balence says zero but the amount says around £1,250 ? The address is also wrong, and not one of my linked addresses. I have never heard from them about this debt, it is either not mine or an old one. Should I SAR 1st Credit? would like this removed and dealt with asap.

 

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Edited January 2, 2013 by riply88

[unclebulgaria67]

So did you take out any loan in 1997 ?

[BRIGADIER2JCS]

Ok, send the following to the Data Controller at 1st Credit with a copy of the CRA entry (btw have you checked all 3 main agencies?)

 

 

Ref: Inaccurate/False Credit Reference entry.

 

Sir,

 

I have recently checked my credit reference files held by xxxxxx credit reference agency and have found an entry made by 1ST Credit regarding an ''unsecured'' loan

please note I do not acknowledge any debt to 1ST Credit or any company you may claim to represent.

 

I require this entry and any others made on any credit reference agency files to be removed immediately for the following reasons:

 

1. I am not the debtor concerned and have no knowledge of any such debt.

2.At no time have I received any correspondence fromany company regarding any such alleged debt.

3. 1ST Credit have never contacted me in any way.

4. The address given on the file entry is not one I have ever resided at.

 

This damaging entry must be removed immediately from all files and you will confirm compliance within 7 working days, failing to do so will result in a complaint to the Information Commissioners Office regarding the publishing of incorrect data and a complaint to the OFT regarding the fitness of 1ST Credit to hold a Consumer Credit Licence.

 

Send recorded delivery, check when they receive it.

 

This should put them on the back foot straight away.

[riply88]

So did you take out any loan in 1997 ?

 

Quite possibly, but i do not have any paperwork and I have certainly never received any correspondence from these people.

[riply88]

Ok, send the following to the Data Controller at 1st Credit with a copy of the CRA entry (btw have you checked all 3 main agencies?)

 

 

Ref: Inaccurate/False Credit Reference entry.

 

Sir,

 

I have recently checked my credit reference files held by xxxxxx credit reference agency and have found an entry made by 1ST Credit regarding an ''unsecured'' loan

please note I do not acknowledge any debt to 1ST Credit or any company you may claim to represent.

 

I require this entry and any others made on any credit reference agency files to be removed immediately for the following reasons:

 

1. I am not the debtor concerned and have no knowledge of any such debt.

2.At no time have I received any correspondence fromany company regarding any such alleged debt.

3. 1ST Credit have never contacted me in any way.

4. The address given on the file entry is not one I have ever resided at.

 

This damaging entry must be removed immediately from all files and you will confirm compliance within 7 working days, failing to do so will result in a complaint to the Information Commissioners Office regarding the publishing of incorrect data and a complaint to the OFT regarding the fitness of 1ST Credit to hold a Consumer Credit Licence.

 

Send recorded delivery, check when they receive it.

 

Thanks for that, I will do that asap. I have not checked any other CRA's, but i guess i could do that today. Might they hold differing data?

[BRIGADIER2JCS]

Yes very possible that data may vary some creditors may report on any one or two agencies or on all 3 main ones.

[unclebulgaria67]

Quite possibly, but i do not have any paperwork and I have certainly never received any correspondence from these people.

 

The credit record appears to show a loan taken out in 1997, then defaulted from July 2008. I am guessing that you would have known about such a long term unsecured loan arrangement if this was yours. Send Brigs letters, but be aware that if it turns out that this is your debt and it is not statute barred, it may trigger them asking for payment. If this happens then you should send them a CCA request.

[BRIGADIER2JCS]

Don't worry about the letter being an admission of liability it is not!!

 

I would have thought as money hungry as 1ST are they would have pursude this by now if they were confident of its' viability.

[riply88]

The credit record appears to show a loan taken out in 1997, then defaulted from July 2008. I am guessing that you would have known about such a long term unsecured loan arrangement if this was yours. Send Brigs letters, but be aware that if it turns out that this is your debt and it is not statute barred, it may trigger them asking for payment. If this happens then you should send them a CCA request.

 

I took out several loans around that period but certainly none of them would have been for such a long period. The default date is very very suspect too, I changed jobs in 04/08 and know that i was not making any payments for loans during that time.

[riply88]

Don't worry about the letter being an admission of liability it is not!!

 

I would have thought as money hungry as 1ST are they would have pursude this by now if they were confident of its' viability.

 

Maybe because of the address being completely wrong and its not a linked address?

[riply88]

Just a quick one, is it relevant that the default balence says £0 ?

[BRIGADIER2JCS]

Just a quick one, is it relevant that the default balence says £0 ?

 

Yes indicates usually that the account has been sold on.

[riply88]

Don't worry about the letter being an admission of liability it is not!!

 

I would have thought as money hungry as 1ST are they would have pursude this by now if they were confident of its' viability.

 

Quick question, i assume i would need to put my address on this letter or maybe just my name and DOB?

[BRIGADIER2JCS]

Yes address would be needed, as this is a data protection matter.

 

1st prorbably have your address any way.

[BRIGADIER2JCS]

Ok, send the following to the Data Controller at 1st Credit with a copy of the CRA entry (btw have you checked all 3 main agencies?)

 

 

Ref: Inaccurate/False Credit Reference entry.

 

Sir,

 

I have recently checked my credit reference files held by xxxxxx credit reference agency and have found an entry made by 1ST Credit regarding an ''unsecured'' loan

please note I do not acknowledge any debt to 1ST Credit or any company you may claim to represent.

 

I require this entry and any others made on any credit reference agency files to be removed immediately for the following reasons:

 

1. I am not the debtor concerned and have no knowledge of any such debt.

2.At no time have I received any correspondence fromany company regarding any such alleged debt.

3. 1ST Credit have never contacted me in any way.

4. The address given on the file entry is not one I have ever resided at.

 

This damaging entry must be removed immediately from all files and you will confirm compliance within 7 working days, failing to do so will result in a complaint to the Information Commissioners Office regarding the publishing of incorrect data and a complaint to the OFT regarding the fitness of 1ST Credit to hold a Consumer Credit Licence.

 

Send recorded delivery, check when they receive it.

 

This should put them on the back foot straight away.

 

Ok try this to the Data Controllers of 1st Credit and all the CRAs showing entries.

 

Ref: as before.

 

Formal Complaint/Letter Before Action.

 

I attach herewith a copy of my communication dated 2nd. January 2013 regarding the alleged debt I hold 1st Credit entirely responsible for publishing false data on credit reference agencies in relation to the alleged debt originating from a Citi Credit card I have already made all parties aware of the following points.

 

1. I AM NOT THE DEBTOR CONCERNED.

2. AT NO TIME HAVE I BEEMN CONTACTED BY ANY COMPANY IN REGARD TO THE ALLEGED DEBT.

3.I HAVE NO KNOWLEDGE OF ANY LIABILTY TO 1ST CREDIT OR CITI.

4.I AM NOT NOW NOR EVER HAVE BEEN A CUSTOMER OF CITI FINANCIAL

5. I HAVE NEVER RESIDED AT THE ADDRESS SHOWN.

I must remind you of the OFT Guidance 2003 updated 2012 and suggest that you read and digest the following sections Section 3.7 (e) Section 3.9 (a). and (b). and''.(i).and in particular Section 3.9 (j) States (deceptive & unfair methods...) Requiring a debtor to prove he is not the actual debtor who owes an outstanding debt. THIS IS CLEARLY and undenyably breached..

I am allowing 14 (fourteen) days from the date of this letter for 1st Credit to remove ALL data from ALL Credit Reference Files and to confirm this in writting.

Continued intransigence wether dilberate or due to gross incompetence WILL form a compalint to the OFT with a comment on the fitness of 1st Credit to hold a consumer credit licence, a report on the publishing of false and derogatory entries on credit files will be made to the ICO.

 

It becomes plainly obvious that 1st credit are to say the very least incompetent and also vexatious in the way it has conducted this matter from the beggining and should now seriously consider its stance on this matter and look to financial redress for the stress, time and cost I have incurred in dealing with this,also it should consider redress for the damage to my credit profile.

 

For clarification and the avoidance of misunderstanding, I am not the debtor concerned, I do not acknowledge any such debt to any party.

This is a Formal Complaint/letter before action you have 14 days to comply with my instructions, failure WILL lead to further action.

 

amend to suit as copies to the CRAs.

[riply88]

update.

 

Sent a CCA to 1st Credit on the 7th Jan,

received a letter today from them dated 30th Jan!

 

They say they have reverted to the original creditor for the information,

and that they are unable to adhere to the 12+2 stipulation in the CC act.

 

They also mention that at this stage the debt is unenforceable and that they have placed the account on temporary hold.

 

They also say they are the legal owners of the debt and they have enclosed a Notice of Assignment,

this appears to have come from the original creditor dated a day before I sent the CCA!

 

Any thoughts?

 

I get the feeling the notice of assignment is something 1st credit have constructed

seeing as its dated before i even sent the CCA.

[BRIGADIER2JCS]

The NOA should be the FIRST contact after the debt was sold, it has nothing to do with the CCA request.

#

[riply88]

The NOA should be the FIRST contact after the debt was sold, it has nothing to do with the CCA request.

#

 

Should i wait for them to contact me or send a failed CCA request letter?

[BRIGADIER2JCS]

yes send the letter it will reinforce their statement that the debt is unen until a compliant agreement is found.

[riply88]

finally sorted this out, after playing letter tennis with these clowns 1st credit have closed the file. this was after the alleged original creditor failed to fulfil the CCA request. Can i ask them to remove the CRA entries?

[dx100uk]

so who was the OC?

 

dx

[riply88]

so who was the OC?

 

dx

 

citi