Notice of Assignment received 5 years after debt sold Citicard

[The GodMother]

the CCA2006 came in on the 6 april 2007 any credit agreements made b4 then will fall under the 1974 rules.

 

Chrissi

[The GodMother]

well good luck DM.

[The GodMother]

2 days is delivery days then 12 days after the day it was signed for.

 

Monday signed for

Tuesday day 1

 

etc

[The GodMother]

glad your not holding your breath. It would not be fun.

 

Hope you are ok.

 

Chrissi

[The GodMother]

on the go forth and multiply letter. They are not going to like that.

 

Anyway have fun with them.

 

Chrissi

[The GodMother]

10%

[The GodMother]

well what i would be inclined to offer is based on what they have.

 

Do they have the relivant documentation to say the debt is theres to collect and legal?

 

Is there any charges on the accounts that are not legal unless they have the documents?

 

If not then take to current balance. add up all the charges etc take this from the current balance then work out from there what u are willing to pay.

 

Some ppl say they will offer a settle ment of say 10% based on the following details.

 

* Before payment is made you have in writing that this company and any other company will not try and recover the out standing debt.

* All charges are removed as part of he F&F offer.

* All information regarding the debt is removed from your credit file.

 

Then see what they say. You may be able to negotate a bit with them but l would say the Max of 25% and see what they say.

[The GodMother]

well DM from what i have read you dont need much advise.

 

firstly you are rite a indispute account is not suspose to be passed on but they do pass them on.

 

secondly you need to wait till you hear from 1st crudit. then you need to write to them CCing in citi saying you are not going to accept anything from 1st crud as citi are in deafult of your cca request and you will on pay citi as they have broken the Consumer credit agreemnet of 1974 by passing on a disputed debt to a third party.

 

You also reserve the rite to contact TS and OFT over the breach of the Consumer credit act of 1974 if they dont take the account back from 1st crud.

 

Carry on with the F&fs to everyone else and see what citi do now.

[The GodMother]

remember to offer barclays next to nothing as they have been a pain in the bum.

[The GodMother]

i would

 

remind each company they dont have a cca and advise each company they either take the offer or the money goes else were.

[The GodMother]

They more than likely will ignore you.

 

I have lived in this house for 3 years in August and for all that time i have recieved letters for the previuos tenant from 1st credit. I was sending them back with not known at this address addresse move out june 2005 but untill i emailed them threatening legal action they refused to accept the person did not live here.

 

They have not sent me a letter since.

 

this is the thread l started for advice When will these PPL give up?????????

[The GodMother]

i am still waiting for there complaints procedure.

[The GodMother]

oh r they.......................just remind me they is no CCA is there which means they dont have the rite.

[The GodMother]

well u have only recieved the one letter from them from what my memory recalls so ignore them.

 

they cant do much but take you to court and they wont win. If u want to have fun with them i have found that advise of sequenci may help.

 

On every letter you send them CC in TS then you will start having fun.

[The GodMother]

you both are as bad as each other.

 

DM i like the use of one of the lines u have used. I have used it my self.

 

If i was to write to u and say u owe me £X would you just pay me without first ensuring all the correct procedures were in place. I thought not.

[The GodMother]

ok then the next one that falls onmy mat i will do.

 

Oh dont think i am joking. As you have given me an idea.

[The GodMother]

No need just send them this:-

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[The GodMother]

Hi DM.

 

No she is 2 days over due and not looking at wanting to budge, OH wants to know if a sink plunger and a wet dry vax will help?

 

the T&Cs mean nothing as they can be to do with anything. I mean do they have your signature on them?

 

Is there in any way a direct link between ur alledged account and the T&Cs as in your name, address, acc number?

 

well if not then i would just tell them again the account is in dispute as they cant do much about it.

 

The courts may even laugh them out of court.

[The GodMother]

Granny

I can help u with your thread starting problems if u want me to.

[The GodMother]

Yes but a CCA will not really be much use as the acc is in dispute.

 

DM has already CCAd the OC so under the Consumer credit act of 1974 the OC should not have passed the debt on due to the dispute.

[The GodMother]

yes so repoert them to OFT and then they will not like that.

 

Also i would send a lovely letter advising them unless they stop the harrassement under the OFT guidelines on debt collection u will be reporting them to the oft for harrassement. Remember to quote the rules they have broken in the letter.

[The GodMother]

here they are DM.

 

OFT debt collection guidance

 

1.7 This guidance applies to all consumer credit licence holders and applicants

[The GodMother]

1.8 Our guidance does not relate to the routine collection of repayments. It applies to the

collection of debt once an account is in default. This guidance does not therefore affect

the ability of traders who deal in home collection of repayments to visit their customers

as those payments fall due.

[The GodMother]

These previous 2 are really for your info only as some DCAs and ocs have advised ppl that they dont have to comply with the oft. Which is UTTER RUBBISH.

[The GodMother]

This one u may like.

 

1.9 If consumer credit licence holders choose to do business or continue to do business

with third parties engaged in questionable fitness behaviour, then their own fitness will

be called into question. Our aim is to ensure that creditors do not ignore the unfair

practices of debt collectors, whether in-house or external, acting on their behalf. It is not

for the OFT to specify in this guidance how choices about third party selection are

made nor to advise on desired conduct between third parties. However, during any

investigation in this respect, we would expect to see that care had been taken in the

selection process, complaints had been investigated and that firm action had been

taken as appropriate. It would be unlikely that we would take action against a creditor

who could demonstrate such action had been taken.

 

U should also look at section 2 unfair practises.

 

Defently 2.6

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

Defo

2.8

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

and K

 

These are just ones i feeel are necessary but as it is your case and you will know more about it then i suggest u look at them yourself and see what else is relivant.

 

Maybe u should also print them off so u can highlight them for you info.