1st credit chasing old citi/BMI baby credit card debt

[dx100uk]

I never mentioned unenforceable

 

that's another ball game.

 

please pdf the attachment

 

dx

[Stivani]

Hi, yes you are right you didn't sorry, wrote that in a rush today and got my terminology mixed up.

 

heres the PDF

[dx100uk]

cant see how they claim a list of 2 sets of T&C's IS a compliant CCA return

 

nothing is signed

 

there is no statement of account.

 

quite honestly i'd send the statute barred letter anyway

 

its for THEM to prove its NOT SB'd

not for YOU to prove it is

 

just as a ref

on Noddle

what when is the last listed payment

they sometimes show it

in the arrows dropdown lists.

 

dx

[Stivani]

cant see how they claim a list of 2 sets of T&C's IS a compliant CCA return

 

nothing is signed

 

there is no statement of account.

 

quite honestly i'd send the statute barred letter anyway

 

its for THEM to prove its NOT SB'd

not for YOU to prove it is

 

Hi, i cant see how they claim they have provided him with the proper paperwork either to be honest, yeah i think ill pass on your suggestion of sending the SB letter to them, is there a template letter for that in the library on here?

 

just as a ref

on Noddle

what when is the last listed payment

they sometimes show it

in the arrows dropdown lists.

 

I dont have access to his account at the minute but i remember the last payment was the early part of 2011 april/may if i remember correctly.

 

Once again thanks for the help DX

[Stivani]

Right hoping to get some more help with this if possible, my brother chose to send a letter basically just reiterating that they have to this point still not provided him with a true signed copy of the original agreement.

 

He didnt hear anything for a few weeks then got this on friday see attached

 

Would appreciate someone taking the time to read it over and offer some advice.

 

Thanks bye

[dx100uk]

load of waffle really designed to confuse

 

I like the way they say 'invite' you to pay

 

in otherwords...we CANNOT enforce this.

 

 

how do you know that last payment date & to whom was it

he REALLY needs to get that sar off to CITI.

 

else ring them and ask.

 

for the minute send that SAR and sit tight.

 

dx

[Stivani]

Thanks dx thought it sounded like a load of waffle.

 

Ill get him to send the sar, is this the right template letter?

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

Does he need to send anything to prove his identity with the request?

 

Can i also ask does sending the sar to citi put the account with the dca in dispute or similar until he is provided with the data?

 

Thanks bye

[dx100uk]

click the SAR

 

dx

[dx100uk]

sar does not place an account into dispute

 

send the statute barred letter to the DCA

 

dx

[Stivani]

Hi dx missed your last post my brother sent the sar to citi so just waiting on that, will advise him to send the statute barred letter to the DCA also.

 

Having problems accessing the template letters though forum is telling me i dont have permission to access some of them.Getting this message:

Stivani, you do not have permission to access this page. This could be due to one of several reasons:

1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
   
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation. You may not have sufficient posts to permit you to carry out your intended action
   

 

 

 

In any case i found this elsewhere :

 

(Your home address)

__________________

__________________

 

Date:______________

 

To:

 

 

Dear Sir/Madam

 

Account No:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under the limitation act 1980 Section 5:

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I/we would point out that in their debt collection Guidance, the OFT regard the following unfair or improper business practice for a creditor to:

 

•pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.

•continue to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred.

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

I/we await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.

 

Yours faithfully

 

(Your signature)

 

Is this the right one?

 

Thanks for the help dx

[dx100uk]

yes looks like it

 

we are aware that some new members are having issues with the library tab

 

it is being looked into

 

dx

[citizenB]

stivani, are you using the green library link at the top left of the screen please ?

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?403-CAG-Library

 

 

Could you please click on the link I have popped above and tell me if you get the same message Thanks

[Stivani]

stivani, are you using the green library link at the top left of the screen please ?

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?403-CAG-Library

 

 

Could you please click on the link I have popped above and tell me if you get the same message Thanks

 

 

Hi, it made me sign in again but yeah i seem to be able to access the letter i was looking for now, thanks citizenB

[Stivani]

Hi,

 

my brother finally got replies from citi and first credit regarding his SAR to citi and statute barred letter,

 

they are about as helpful as i expected,

citi say they require a signiature before processing his request they also returned his postal order.

 

Call me cynical but what do they need his signature for?

 

They as far as i know dont have his signature on anything so what would they compare it against,

and i have a feeling if he provides it a CCA agreement signed by him will miraculously be found.

 

How should i advise him to proceed with this, any way of ensuring they cant fiddle with his signature?

 

The second letter on the statute barred issue,

1st credit say they dont consider it barred and include a list of dates they say payments were made through a third party.

 

As always will appreciate any help or advise offered.

 

Letters are attached below

 

Regards

Edited November 14, 2013 by dx100uk
Problem with attachment no need to include them in the msg body just attach then via manage atts box - dx

[dx100uk]

yes you should always sign an sar

 

its a legal doc.

 

as for 1st credit

 

i'd awaitthe sar return.

 

and tell him to stay off that phone to them.

 

a DCa are NOT BAILIFFS

and have no such LEGAL POWERS

 

dx

[Stivani]

yes you should always sign an SAR

 

its a legal doc.

 

Hi, dx ok no problem will get him to sign it, been looking around the forum and seen the digital anti tamper proof feature would you recommend it?

 

as for 1st credit

 

i'd awaitthe SAR return.

 

and tell him to stay off that phone to them.

 

a DCA are NOT bailiffs

and have no such LEGAL POWERS

 

Will pass your advice along dx cheers.

 

As for him staying off the phone no worries there, i cant get him on the phone half the time haha

 

Cheers

[dx100uk]

don't forget the sar is going to the OC

 

so nothing to do with the fleecing dca

 

the dca wont even know about it so 'couldn't' lift the sig.

 

dx

[Stivani]

Hi, right so he doesnt need to worry about citi doing anything nefarious with his signature then, fair enough.

 

Was maybe just being a bit paranoid from some of the threads i've read through on here about the things some of these companies get up to.

 

Cheers

[Stivani]

Hi, ok hoping someone can spare the time to have a look at the latest letter from 1st credit my brother received,

 

he is still waiting on a reply from citi regarding his SAR

 

bit of a problem with the signature but they have now had it for around three weeks,

 

so hopefully he will hear something soon.

 

Thanks in advance.

[dx100uk]

tip you don't need to put a link to the file in the msg text - dx

[dx100uk]

do the payments 1st crapit mention, match those shown on the cra file?

 

dx

[Stivani]

Hi, DX according to his records his last payment to them should have been around march/april 2011 yet they say it was june 2011, so they might be stretching the truth a little or their records are wrong.

 

tip you don't need to put a link to the file in the msg text - dx

Ah right cheers will figure out how to just attach it then instead of linking to it.

[dx100uk]

bottom left

go advanced

manage attachments

 

once its uploaded its done.

 

...............

 

as for the 'debt'

 

it getting obv its not SB'd then?

but we'll have to await the SAR.

 

don't understand the BMI/citi thing

 

doesn't wash with me

 

dx

[Stivani]

as for the 'debt'

 

it getting obv its not SB'd then?

but we'll have to await the SAR.

 

don't understand the BMI/citi thing

 

doesn't wash with me

 

dx

Hi, yeah looking like its not statute barred but i think he had a fair idea of that anyway, as i recall the default will be off his Credit Report in a few months, and they have to date still not provided anything resembling a true copy of the original agreement.

 

Where it goes from here i dont exactly know, will know more hopefully after the SAR comes through.

 

Cheers

[dx100uk]

if you've not already, it might be an idea to read some of the large older threads here in the citi forum.

 

there certainly were extreme doubts about most citi debts sometime back.

 

I've 'heard' of the this bmibaby debacle before

 

might throw some light.

 

you could narrow the search by typing

bmibaby

 

in the search of our grey toolbar top right

 

dx