Hi Peeps
I sent SAR, CCA and dispute letters (recorded delivery )to Citi in August. They were signed for on 19th August 2008.
Received a default notice on 29th August, which I'm afraid I ignored. However, my understanding now is that they should not have defaulted the account as it was in dispute.
Last few days, I have received the following letters -
1) Notice of assignment from Citi
2) Hello letter from 1st Credit
(see attached - has 2 pages)).
Thanks to Curlyben, I have now pinched his wording for a "bemused" letter to send to the DCA:
"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 Citicard, the original creditor and has been since they signed receipt on 19th August 2008 of my various letters.
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
The last letter I received from Citicard was on 29th August 2008 which stated that it was a Default Notice. To date, I have not received a reply to my letters to Citicard which they signed receipt of on 19th August 2008.
As Citicard are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request, and dispute letter 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 for resolution of these defaults and breaches, as 1st Credit cannot lawfully pursue any enforcement activities.
If 1st Credit 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."
Can someone please advise - should I be sending anything to the Citicard at this point in time in view of:
1) The fact that they have not bothered to comply with any of my requests and put the account in default and passed it to a DCA.
2) They have gone over the time limit with the SAR and CCA.
Many thanks.
Birdie:mad2:
I sent SAR, CCA and dispute letters (recorded delivery )to Citi in August. They were signed for on 19th August 2008.
Received a default notice on 29th August, which I'm afraid I ignored. However, my understanding now is that they should not have defaulted the account as it was in dispute.
Last few days, I have received the following letters -
1) Notice of assignment from Citi
2) Hello letter from 1st Credit
(see attached - has 2 pages)).
Thanks to Curlyben, I have now pinched his wording for a "bemused" letter to send to the DCA:
"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 Citicard, the original creditor and has been since they signed receipt on 19th August 2008 of my various letters.
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
The last letter I received from Citicard was on 29th August 2008 which stated that it was a Default Notice. To date, I have not received a reply to my letters to Citicard which they signed receipt of on 19th August 2008.
As Citicard are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request, and dispute letter 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 for resolution of these defaults and breaches, as 1st Credit cannot lawfully pursue any enforcement activities.
If 1st Credit 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."
Can someone please advise - should I be sending anything to the Citicard at this point in time in view of:
1) The fact that they have not bothered to comply with any of my requests and put the account in default and passed it to a DCA.
2) They have gone over the time limit with the SAR and CCA.
Many thanks.
Birdie:mad2:
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