I have been sent a N1CPC form from a solicitor acting on behalf of a debt collection agency and I have some questions but a bit of background might be helpful first.
The particulars of claim state
"the claimant claims the sum of 8,8xx.xx for debt and interest. The defendant was indebted to Citi Financial Europe PLC for credit advanced. The debt was assigned to the claimant. Notice of assignement was given to the defendant.
AND THE CLAIMANT CLAIMS
1) the sum of 6,7xx.xx
2) Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 8/6/07 to 20/6/11, 2,1xx.xx & thereafter at a daily rate of 1.47 until judgement or sooner payment.
IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM THEN PLEASE CALL 0208 290 7370
*schecule script
I had a credit card account in 2007 with Citi Financial and I ran into some financial difficulties and had to agree with them reduced payments. I was adhering to the payment plan and even increased the amount I had agreed to pay - it actually doubled from £5 PCM to £10 PCM.
In May 2007 Citi sold my account to 1st Credit without my knowledge. the first I knew of this was when I received a Notice of Assignment from Citi in June 2007. They never issued me with a default notice.
When they did this I issiued a formal complaint with Citi financial and the Financial Ombudsmen.
I also received a letter a week later from 1st Credit to which I responded and requested from them a true copy of the original credit agreement to which they had referred in their letter under S78 of the CCA 1974 and I enclosed a £1 postal order. I also requested a true copy of the deed of assignment.
I informed 1st Credit that my account was officially in dispute.
it took 1st credit over 33 months to send me anything and when they eventually did respond they sent me what they claim is my original agreement although there are no signatures to be found anywhere. This arrived W/c 01/03/2010 - and I then wrote to them again and asked numerous questions all of which have been ignored.
Citi wrote to me in Feb 2008 stating "that we are under no obligation to comply with your request for a copy of your agreement under the Consumer Credit Act as we no longer have a contrctual relationship with you, nor are we seeking to enforce any agreement against you. Your right ot be provided with this information from Citi Financial ended with the assignement of your debt to 1st Credit Limited"
in a nuthsell 1st Credit have ascertained that as they have sent me what they claim is true copy of my agreement that there is no longer any dispute on the account. They have stated in a letter that they feel it is irrelevant that I was not sent a default notice and have even asked me to explain why I believe it is.
I have written to them on numerous occassions and have also asked them to confirm that by not responding to my request for my original signed credit card agreement within the statutory legal timescales that they had in fact committed a criminal offence.
I wrote to them and asked them to confirm if my original request for information was not responded to within the statutory legal limits. I also stated that because they had not responded within these timeframes that they had committed a criminal offence.
Their response to this was that I had stated certain inaccuracies including
1) "Your claim that 1st Credit Ltd has committed a "criminal offence". This may have been correct when writing your earlier letters in 2007, however the Consumer Protection from Unfair Trading Regulations 2008 section 3.12 states that this claim is "incompatible with the contract law", thus your statement is now incorrect.
2) "Your "legal advisors" advised you thst it is necessary for a True Copy of the agreement to be signed.
My questions really are relating to the legal position of 1st Credit not responding within the statutory legal timeframes and the position of the account being in dispute.
If they had indeed committed a criminal offence in 2007 by not responding to my request for information within the statutory legal timeframes are they correct that my statement is now incorrect? Surely they either did commit a criminal offence at the time or they did not commit a criminal offence? If they did commit a criminal offence can I report them to the police and take action against them now for this?
Also they state that what they have sent me is a true copy of my credit agreement, however, how can they prove that this is the case unless there are signatures on the document? Anyone could have compiled the paperwork and inserted my details.
And also their statement that as they have proivided me with my agreement means that there is no longer a dispute. My view on this is that there very much still is a dispute as they havent provided what I have asked for and they are still chasing me for the "debt" they say I owe them, which is contrary to the OFT guidelines.
With respect to the Particulars of Claim - my account was (and still is in my opinion) in dispute for the whole period they are claiming interest for and so am I correct in thinking that they cannot clsaim interest for this period?.
I have stated to them in one letter that because they were trying to recover an alleged debt whilst the account was in dispute they were contravening the OFT guidelines and I did threaten to report them, however, due to the stress and anxiety that this has cause me I have never written to the OFT.
Any thoughts on this would be most welcomed.
Many thanks in advance.
The particulars of claim state
"the claimant claims the sum of 8,8xx.xx for debt and interest. The defendant was indebted to Citi Financial Europe PLC for credit advanced. The debt was assigned to the claimant. Notice of assignement was given to the defendant.
AND THE CLAIMANT CLAIMS
1) the sum of 6,7xx.xx
2) Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 8/6/07 to 20/6/11, 2,1xx.xx & thereafter at a daily rate of 1.47 until judgement or sooner payment.
IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM THEN PLEASE CALL 0208 290 7370
*schecule script
I had a credit card account in 2007 with Citi Financial and I ran into some financial difficulties and had to agree with them reduced payments. I was adhering to the payment plan and even increased the amount I had agreed to pay - it actually doubled from £5 PCM to £10 PCM.
In May 2007 Citi sold my account to 1st Credit without my knowledge. the first I knew of this was when I received a Notice of Assignment from Citi in June 2007. They never issued me with a default notice.
When they did this I issiued a formal complaint with Citi financial and the Financial Ombudsmen.
I also received a letter a week later from 1st Credit to which I responded and requested from them a true copy of the original credit agreement to which they had referred in their letter under S78 of the CCA 1974 and I enclosed a £1 postal order. I also requested a true copy of the deed of assignment.
I informed 1st Credit that my account was officially in dispute.
it took 1st credit over 33 months to send me anything and when they eventually did respond they sent me what they claim is my original agreement although there are no signatures to be found anywhere. This arrived W/c 01/03/2010 - and I then wrote to them again and asked numerous questions all of which have been ignored.
Citi wrote to me in Feb 2008 stating "that we are under no obligation to comply with your request for a copy of your agreement under the Consumer Credit Act as we no longer have a contrctual relationship with you, nor are we seeking to enforce any agreement against you. Your right ot be provided with this information from Citi Financial ended with the assignement of your debt to 1st Credit Limited"
in a nuthsell 1st Credit have ascertained that as they have sent me what they claim is true copy of my agreement that there is no longer any dispute on the account. They have stated in a letter that they feel it is irrelevant that I was not sent a default notice and have even asked me to explain why I believe it is.
I have written to them on numerous occassions and have also asked them to confirm that by not responding to my request for my original signed credit card agreement within the statutory legal timescales that they had in fact committed a criminal offence.
I wrote to them and asked them to confirm if my original request for information was not responded to within the statutory legal limits. I also stated that because they had not responded within these timeframes that they had committed a criminal offence.
Their response to this was that I had stated certain inaccuracies including
1) "Your claim that 1st Credit Ltd has committed a "criminal offence". This may have been correct when writing your earlier letters in 2007, however the Consumer Protection from Unfair Trading Regulations 2008 section 3.12 states that this claim is "incompatible with the contract law", thus your statement is now incorrect.
2) "Your "legal advisors" advised you thst it is necessary for a True Copy of the agreement to be signed.
My questions really are relating to the legal position of 1st Credit not responding within the statutory legal timeframes and the position of the account being in dispute.
If they had indeed committed a criminal offence in 2007 by not responding to my request for information within the statutory legal timeframes are they correct that my statement is now incorrect? Surely they either did commit a criminal offence at the time or they did not commit a criminal offence? If they did commit a criminal offence can I report them to the police and take action against them now for this?
Also they state that what they have sent me is a true copy of my credit agreement, however, how can they prove that this is the case unless there are signatures on the document? Anyone could have compiled the paperwork and inserted my details.
And also their statement that as they have proivided me with my agreement means that there is no longer a dispute. My view on this is that there very much still is a dispute as they havent provided what I have asked for and they are still chasing me for the "debt" they say I owe them, which is contrary to the OFT guidelines.
With respect to the Particulars of Claim - my account was (and still is in my opinion) in dispute for the whole period they are claiming interest for and so am I correct in thinking that they cannot clsaim interest for this period?.
I have stated to them in one letter that because they were trying to recover an alleged debt whilst the account was in dispute they were contravening the OFT guidelines and I did threaten to report them, however, due to the stress and anxiety that this has cause me I have never written to the OFT.
Any thoughts on this would be most welcomed.
Many thanks in advance.