Notice of Assignment received 5 years after debt sold Citicard

[Duffers Mum]

Still no reply to my letter or the emailed copy I sent them instead today i get the "pay now and get a discount" letter! Hmmm they have two hopes and one of them is Bob!

[Duffers Mum]

Got a reply to my letter...asking me to ring them...another email sent telling them to read their files and that I will only deal with them in writing and I am still waiting for a response! They are more than useless!

[dx100uk]

this thread is now in the citicards forum, where it should have been from the start.

 

it serves a very good purpose

 

as it shows other citicard holders with like issues

 

how to deal with the dca's

 

otherwise

 

it would be of no use to them or be found in the DCa forum.

 

dx

[Duffers Mum]

As mentioned to you, I don't want it there as I won't get any assistance or responses to the current problem i have, which is why I originally started it as a different thread to do with 1st Credit, however admin merged the 2 threads

 

As it stands 1st credit have not given me any explanation to my letter to them and keep sending me the standard letters threatening legal action..I guess my next step is a letter of complaint?

[dx100uk]

everyone that's ever hrlped automatically gets a new post alert

its not hidden

 

as for 1st crapit

 

they'll prob not bother to reply

once they see its a lemon debt.

 

dx

[Duffers Mum]

I've received a letter today explaining that the reason they started the cycle again was because they had to find me and they apologise for any confusion.

 

To makes matters more confusing they say their statutory demand was set aside because a copy of the cca had not been provided

and they have enclosed what they say is a true copy of the agreement and t&cs at the time of default as require by the act.

 

Am I correct in thinking they have to provide a copy of the agreement at the time the account was taken out not at the time of default?

 

It's just a load of photocopies of t&cs with citis name and address and my name and address.

 

I don't have any idea if they are from the time of default or not.

 

.HELP!

[dx100uk]

correct they will need the ORIGINAL signed agreement

trying to spoof you.

 

recons are no go.

 

you can scan the stuff up if you like

 

dx

[Duffers Mum]

Thought so, when I get a minute I will, but it's just typed out t&cs, should I reply thanking them and say the original cca request is still outstanding?

[dx100uk]

send the failure to comply letter.

but don't tell them why!!

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Duffers Mum]

I wouldn't dream of telling them why lol...surely a reputable company like them will know anyway

[citizenB]

I've received a letter today explaining that the reason they started the cycle again was because they had to find me and they apologise for any confusion. Eh, were you lost then ?

 

To makes matters more confusing they say their statutory demand was set aside because a copy of the cca had not been provided

and they have enclosed what they say is a true copy of the agreement and t&cs at the time of default as require by the act.

 

Am I correct in thinking they have to provide a copy of the agreement at the time the account was taken out not at the time of default? - Yes, a copy of the agreement should have been provided for you to sign at the time of the account being opened ? Did you not receive one ? If not, then quite clearly they will not be able to provide a reconstruction if they have lost the original ? Terms and conditions should be from both inception AND at the time of default.

 

It's just a load of photocopies of t&cs with citis name and address and my name and address.

 

I don't have any idea if they are from the time of default or not.

 

.HELP!

 

To satisfy a s78 request they have to provide..

 

A copy of the agreement or a truthful reconstruction.

Terms and conditions from both inception AND at time of default or currently

Statement of Account.

 

 

I would have thought that there would have been a date on the terms and conditions ?

The thing is, if you are adamant that no terms and conditions were present at the time of you signing the agreement, I think they are on a hiding to nothing.

[dx100uk]

I wouldn't dream of telling them why lol...surely a reputable company like them will know anyway

 

reputable...1st crapit..NEVER!!

 

dx

[Old Cogger]

Nearly coughed my dinner up when I read that remark trying to laugh!

[Duffers Mum]

It was meant to be tongue in cheek! Obviously lost on you lot lol...hopeless!

[Duffers Mum]

To satisfy a s78 request they have to provide..

 

A copy of the agreement or a truthful reconstruction.

Terms and conditions from both inception AND at time of default or currently

Statement of Account.

 

 

I would have thought that there would have been a date on the terms and conditions ?

The thing is, if you are adamant that no terms and conditions were present at the time of you signing the agreement, I think they are on a hiding to nothing.

 

I've never received a copy of my signed agreement, they only ever sent some blank t&cs which could have been from anytime

and a date typed at the top saying revised 25th February 2008,

these were supposed to be from when the account was opened,

 

the ones they sent today are supposed to be when the account defaulted and are dated ummm 2008 also!

 

Plus I'm pretty sure the APR in 2008 was not 35.7%

 

Don't think they have a clue what they are on about..

[Old Cogger]

I've never received a copy of my signed agreement, they only ever sent some blank t&cs which could have been from anytime and a date typed at the top saying revised 25th February 2008, these were supposed to be from when the account was opened, the ones they sent today are supposed to be when the account defaulted and are dated ummm 2008 also! Plus I'm pretty sure the APR in 2008 was not 35.7%

 

Don't think they have a clue what they are on about..

 

Judging by what they sent you could be right.

[Duffers Mum]

Can someone please confirm to me, if these things end up in court do they need to provide the proper copy of the cca with signatures on or not? Or would a judge accept a set of downloaded t&cs with my name and address on them?

[theoldrouge]

Can someone please confirm to me, if these things end up in court do they need to provide the proper copy of the cca with signatures on or not? Or would a judge accept a set of downloaded t&cs with my name and address on them?

s127(3) requires an improperly executed agreement. EG an agreement signed before 6-4-2007 not signed by the debtor or not con taining the prescribed terms for that type of agreement. S65(1) states an improperly executed agreement can only be enforced by a court order- an improperly executed agreement is if it is not in its prescribed form, not signed by the creditor or misstates the APR. S127(3) lays down the restrictions on enforcement, hence the need for the original

[Duffers Mum]

Received a letter today from 1st Credit saying they believe the documentation they have provided is enforceable

but apologise for not sending a statement of account and advising of the outstanding balance,

they say they view my request is now complete and the balance is due for payment.

 

So they have sent me some t&cs from when they say the account was defaulted which are merely printed off from a computer,

, nothing from when the account was opened, not a sniff of an application form or original agreement.

 

Should I now go back to them and mention the account was not terminated correctly because the default notice was not compliant,

 

or should I tell them to go ahead with their collection activity which will be vigoursly contested because I believe the documentation is not compliant, or should i just ignore them?

 

Thanks

[citizenB]

Are they already aware that the Default notice is dodgy ?

[citizenB]

Can I just ask who issued the original Stat Demand 5 years ago ?

[Duffers Mum]

In haven't yet told,them about the default notice and,it was 1st credit who issued the statutory demand

[citizenB]

In haven't yet told,them about the default notice and,it was 1st credit who issued the statutory demand

 

Ok, I am not quite sure how the timeline works here.

 

In 2008 you received notice that the account had been assigned to 1st credit. The title of the thread suggests that the notice advises that the account had been sold to them in 2003 !

 

Why did they wait so long to advise you?

 

TBH, if they have already issued a stat demand which was subsequently set aside. I would think they should not attempt an SD a 2nd time as it could be construed as vexatious.

 

I must admit, if this were me, I would just ignore their letters. Unless of course you are desperate for a pen pal !!

 

The original creditor has obviously issued an incorrect DN

There has already been a stat demand that was set aside

They don't appear to have provided any different or correct paperwork.

[Duffers Mum]

This thread was merged with another one of mine I think, the account was sold in 2008, it becomes statute barred next year.

 

It's strange that once the SD was set aside I heard nothing from them until recently,

 

my credit file was not updated or anything.

 

.I think that as it's coming up,to being statute barred they are trying their luck again

 

..think I will ignore them for now and see what arrives next, maybe then I will mention the invalid default notice

[citizenB]

Ah righto.. IMHO, I would keep the dodgy DN a bit quiet for now..