Connought, 1st Credit, Citifinancial

[DOBBYDOG]

Dobby, this wont happen.

There are proper procedures to go through before these things get to court.

A CCJ doesn't just appear on your door mat.

 

IF they start court proceedings you will be notified by the court and have time to acknowledge it and file a defence.

Lack of an enforceable agreement is a full defence under s61 of CCA 74.

DON'T PANIC.

 

Remember YOU are CAG now and we DON't let snotty DCA's worry us

BL**DY LOVE YOU CURLYBEN HE HE !!!!

[conar686]

Ditto what CB has advised

 

Send an email to 1st credit enq@1stcreditltd.com For the attention of (FAO) a Complaints officer with the following;

 

Dear Sir/Madam

 

I am at present in ongoing discussions regarding this Account. This matter is currently in dispute and I do not acknowledge any debt to your company. .

 

Should you choose to initiate legal proceedings against me,now or in the future. I will expect to receive, with any Letter before Action, a copy of all the documents that you will be relying on in court to include but not restricted to a copy a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

Rgds

 

Dobbman the brave

 

 

Request that they acknowledge this request - your putting a line in the sand should they decide to get sneaky.

[DOBBYDOG]

OMG, OMG, OMG :o

I was at work today ( i am a district nurse ) and was driving to see my next client, when my mobile rang. I pulled up to answer :o

 

Conversation went like this -

 

Me - Hello

(pause)

Me - Hello

 

Them - Is that Miss *******

Me - Who is this ??

Them - Robinson Way debt collection calling re, a debt from citifinancial :o I need to ask some security questions.

 

Like a complete and utter idiot i answered the questions ( i know, stupid, stupid )

Them - We are calling to recover over £4,000 from you that citifinancial have asked us to do. Would you like to pay this today on a debit card !!! Errrrrmmmm !!!! now let me see ? AS IF !!!!!!!

 

Me - No way !!! and i request that you contact me by letter.

Them - would you like to discuss your financial situation today.

Me - no i wouldnt, contact me by letter.

Them - Ok we will do.

 

OMG, OMG,OMG !!!

What the el has happened to 1st credit ? Why is it now with RW.

Feel sick ! CB NEED YOU MORE THAT EVER. X

Going to the docs now but hope you can help me.

[babybear39]

What date did you CCA connaught?

[Curlyben]

Dobby, don't panic.

When you get their letter simply CCA them.

We have ALOT of experience dealing with these "people" so DON'T PANIC !!

[DOBBYDOG]

What date did you CCA connaught?

Hi there BB. Thanks for looking in. I CCA'd connought 15th August and received a reply on the 18th saying case closed and has been sent back to client ( 1st credit ) Then, this today from RW. Beggers beleif (Cant spell that ! )

[DOBBYDOG]

Dobby, don't panic.

When you get their letter simply CCA them.

We have ALOT of experience dealing with these "people" so DON'T PANIC !!

Thanks CB. That is very reasuring x

[DOBBYDOG]

Ditto what CB has advised

 

Send an email to 1st credit enq@1stcreditltd.com For the attention of (FAO) a Complaints officer with the following;

 

Dear Sir/Madam

 

I am at present in ongoing discussions regarding this Account. This matter is currently in dispute and I do not acknowledge any debt to your company. .

 

Should you choose to initiate legal proceedings against me,now or in the future. I will expect to receive, with any Letter before Action, a copy of all the documents that you will be relying on in court to include but not restricted to a copy a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

Rgds

 

Dobbman the brave

 

 

Request that they acknowledge this request - your putting a line in the sand should they decide to get sneaky.

 

 

Thanks Conor. This may be very useful to me. As you can see things are a little different after today But hey ho ! I'll get through it thanks to everyone on here x

PS. Have tickled you !

[linz2011]

Hi DD

 

Stick with it you will soon find yourself enjoying this - it does become very addictive.

 

The guys on here are fantastic and if you are just a little low, post a message and you will soon feel better.

 

The fact that it is being passed to DCA to DCA tells a story "once upon a time there was ...........NO CREDIT AGREEMENT

 

Good luck and stay positive:)

[conar686]

Thanks Conor. This may be very useful to me. As you can see things are a little different after today But hey ho ! I'll get through it thanks to everyone on here x

PS. Have tickled you !

 

CB & the rest are correct 'Don't Panic', all DCAs try it on just pick 'em off one at a time with CCA & S.A.R - (Subject Access Request) requests & 'never' discuss owt on the phone, request everything in writing, in fact when they call ask them to remove your number from their database.

 

The CAG is a big (getting bigger) network so use it.

 

rgds

 

MAC

[DOBBYDOG]

Well it did'nt take long for Robberscum Way to write did it

 

Will now be sending CCA which Curlyben kindly gave me.

 

Check out the letter below !!!

 

So apparently, they are collecting on behalf of 1st credit ( citi financial )

1 DAC collecting on behalf of another ?

 

The thing that gets me is 1st credit and Citi have both put default on my file for the same debt. It appears on the credit file like 2 different, unassociated accounts, consequently looking like i owe double the amount:mad:

 

[Curlyben]

Hmmm now this seems to be the letter of choice for these "people" today.

So As I have said on another thread........

Wellll in that case how about we tie them up a bit

As they are threaten court action how about a DMD special

 

Edit as needed:

 

Dear xxxx,

 

I acknowledge receipt of your notice of legal action sent by your company on 3rd July 2007 which was received on 6th July 2007.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity

to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

[DOBBYDOG]

Thanks CB. Am starting a new thred on this as seems to be loads with the Robberscums Robinson Way, Have Been Busy Havn't They !!!!!!!!

[babybear39]

Ooh! Nawty, nawty Asking for payment via CREDIT CARD! Tut tut!

[starz 61]

Hi

Subscribing,,, same thing happened to me with connaught I have reported them to OFT, but have not heard back yet..

 

This is my dealings with them...

A few months ago Connaught 1st credit sent my husband a SD threatening bankruptcy etc, at the time my husband was unwell so I phoned connaught they told me I would have to pay £165 to have it set aside so I did.

I was so scared, then they wanted me to pay £10 per month after that.

We are on benefits and really struggling.

Then I found this wonderful site, I followed advice sent CCA request etc, then a good while after they sent me a letter saying they have not received the £10. And now they have sent my husband another SD I dont know what to do as the deadline of 18 is almost up.

Had another letter yesterday saying they are going to proceed.

Help..

[wotnot]

Been reading all your threads and must say my mind is alot more at ease now. My girlfriend has received one of these letters (SD) this morning at my address. Not sure how they found her here as this is for a credit card debt at another address. She has not acknowledge anything at this address and the letter has been sent second class. (Im a bit annoyed as this could affect me but thats another story).

 

My question is should she send a CCA letter as they dont officially know she is here and I guess the are just hoping she is, although she did change her credit card and btl mortgage details to my address.

 

If she does send a CCA letter they will definately know she is here.

 

Many thanks

[Curlyben]

Wotnot, they know she's there.

How is anyone's idea, but get a CCA in NOW.

 

Don't muck about with SD's as they can get very messy very quickly.

[wotnot]

The SD arrived this morning, is it best to wait until nearer the end of the 21 day period or do it asap?

[Curlyben]

Do It Now !!!

[rory32]

Wotnot in future please start your own thread rather than post questions about your own situation on other peoples threads (this is the second thread I have come across where you have asked the same question). By starting your own thread you will receive specific help on your own situation and you post will not get lost in other threads. Also it means people are not duplicating their effort in replying to your questions

[wotnot]

Sorry new to this. I thought it would be best to keep it all in one place but I will do as you say next time.

 

many thanks

[Chuckster21]

Hi all. I've been reading this thread and have found myself relating to a lot of this. I've paid back the money owed (did about 12 months ago), however my credit record shows two entries - one for Citi and one for 1st Credit. I'm sorry if this is repeating what's been said before, but can this be correct? I didn't sign anything with 1st, and now I'm showing TWO defaults.

 

Thanks for your help.

[slick132]

Hi Chuckster and welcome to CAG.

 

Best for you to copy the content of your post here and paste into a New Thread here in the General Debt forum.

 

Go to the Debt Forum main page and hit the button. You'll get the advice you need on your own thread.

 

Slick

[Chuckster21]

Sorry Slick, thanks very much for that. Will do.

 

PS - I contacted CitiFinancial this morning and threatened them with legal action if the information wasn't corrected today. I received a phone call an hour later, most sorry, and the debt would be DELETED by Sunday - allow 72 hours for Equifax to amend.

 

Cheers!