My wife is having difficulty paying her littlewoods catalogue bill due to redundancy and has written to them asking them to accept token payments until such time as she is able to find work. She enclosed a budget sheet with the letter They have responded, explaining that they will not accept the offer as she is married and that I should be helping to make the payments with her. My name however is in no way linked to this account. Can they do this?

Sorry........ What is Section 31?

I have no problem chasing Citi for the remaining money, but I have paid £65 to Crapbot that they have said they will not refund, this does not seem to have been taken into account in the balance Citi claim to want from me. So, do I go for the money Citi have witheld, and claim against cabot also, with the basis of my argument being that the agreement is either a0 invalid, or B due to the default and the request for payment of the full balancethey hve no right to add interest to the account. Would it be better to go to the FOS for Crapbot.

According to the credit file the account was defaulted ion 5 July 2004. The opening balance according to Cabot was 01/08/04,I presume this is the date of assignment. I think they did send me a deed of assignment about 12 months ago, but it was on a photocopied letterhead from Citi, but I no longer have it. So from what you say,they should not have levied any interest charges following the default as they requested payment of the full balance? Do I now write a letter to Cabot requesting the refund of the difference of the opening balance and the £205 I paid to Citi, plus the £65 I have paid to them. Or do I write to Citi requesting this refund,or do I write to both asking them to sort this out between them and reqest the same refund? A=fter which should I issue court proceedings, and if so against whom? Or do I write to the FOS and simply request that they sort out this mess? For any one of these situations, is there a template letter, or can anyone suggest what i ahould write, either to Cabot/Citi/Both,or to the FOS?

Thanks Martin

There has been a new development. Cabot have written, they have reiterated that they have never said an agreement does not exist and Citi have recalled the account. They confirm that I have made £60 worth of payments but have said they will not refund them. They have confirmed that they have contacted the CRA's and all entries will be removed from my account. Also included in the letter is a statement of account as per the link below cabot statement of account.xlsx - Cabot statement - Dedicated Web Hosting Service Now, the account was defaulted on 05/07/2004, this is confirmed on my credit reports. Despite several letters to Cabnot they have never provided a true copy of the agreement. The letters from Citi suggest there is £162 outstanding, does this take into account the money I had paid to Cabot via Scotcall? As the account had been defaulted and a notice issued, can they still add interest charges to the account? By defaulting the account and then asking for the total outstanding balance, have they effectively closed the account and cancelled the agreement? Any help appreciated. EDIT: It has just occured to me- As the balance was made up entirely og penalty charges, which Citi have refunded, then surely no intrest should have been charged on that amount as the balance was unlawful, therefore Cabot should not have added interest and therefore I should be refunded the £65 I have paid to them, plus the difference between £189 and £205. Is this right?

They have already refunded the charges, less the £205 that's gone missing. Do I claim on the basis that I have not received the full amount as the £205 is missing?

I didn't pay the money directly to Cabot. Citi took it out of the refund they gave me and said they would pay it to Cabot. Then Cabot said they had referred the file back to Citi at Citi's request and said they had not received any payment, then Citi sent me the letter requesting £168 which is the apparent balance that has been passed back to them from Cabot. Very confusing I know. What type of claim would I make against Citi, just a default removal? And what would I claim against Cabot for, do I not have to prove that Citi sent them the money? Should I not use Cabots letter confirming they have not received anything as proof that Citi have not infact sent any money to Cabot and are trying to get it from me again? Should I ask them to take me to court for it so I can counter claim?

Hi, sorry I haven't been on for a couple of days but been working.Thanks for the reply's, here'ssome info to help. Mp I contacted was Phil Woolas, MP for Oldham East and Saddleworth Yes I do have copies of all correspondence from Citi and Cabot/Scotcall/Legal&Trade. According to the letter i got from Citi, it looks as though the account is still open, but I have been defaulted on this account in 2004, it was then sent (assigned)to Cabot who then requested payment of the full outstanding balance (would this be under s.87 of the CCA?) I have a letter from Cabot confirming that due to delays in Citi retrieving this information from their archives, the first request was made in April 2007, Citifinancial have decided to recall the account. The account was originally opened in May'ish 2002. What would the claim be for? I have not received any kind of statement from Citi stating how this balance is made up, I don't know if it includes the monies I stupidly poaid to a DCA in relation to this accoount, they are requesting £168 yet my credit file refers to a balance held by Cabot of £125? Did you send anything, I have not received it?

Update, I have written to both Citi and Cabot back in December,plus I emailed my MP. I have heard nothing from any of them until today. Citi have sent a very interesting letter. Now a bit of history...... Debt transferred to Cabot 2004 approx £180. 2 payments paid to Scotcall of £10 each after intimidating doorstep call in 2006. Found this website, sent the relevant letter, no credit agreement, stopped paying. Account referred back to Cabot, sent credit agreement letters numerous times, no agreement. Wrote to Citi requesting repayment of charges Sept 2008. Citi respond with offer of £872.34 with £205.17 goingto Cabot to clear account. Wrote to cabot to request breakdown of £205 as I disagreed with the amount, according to credit file is approx £125. Cabot wrote back, sorry we have been unable to get agreement, file is being referred back to Citi, we have not received a payment of £205. Wrote to Cabot and Citi demanding explanation, wrote to MP adcising what had gone on...no response. Today, received above letter. I have tried calling Citi on the number quoted but it's engaged. Can anyone advise please.

FINAL CESPONSE FROM CABOT Basically is says they understand I have requested a copy of the original agreement from them, and that I am questioning a payment I believe Cabot have recently received from Citi. They have made several attempts to get the agreement but they have received nothing and Citi have now recalled the account. They are goping to update their records and I will no longer be hearing from them. They say they have not receivedany payment from Citi since the account was assigned to them in 2004. So, first of all, where's the money? Where is the statement of account I requested with regards to the charges/intrest etc added by cabot. Will they now be contacting the CRA's to remove all data as they have now returned the account, and have confirmed they never had an agreement, never had my permission to process my data. What should I do now.

ok,just thought I would update. I've now sent 2 letters to Cabot regarding requesting a statement of account . To date all I have had is 2 letters 10 days apart as they arestill dealing with my request (How hard can it be) Now, the residual money has been paid by Citi, but they sent Cabot £205, but I was sure the actual amount owed was less than £150. Well, I have been having a clear out of old paperwork and I've found a letter from Cabot. It is one of the many letters from them telling me they did not hold the credit agreement and were waiting for Citi to send it to them. At the end of the letter is states "For your reference I can confirm that the outstanding balance on your account is £125.05." So why have they taken an extra £80. The letter was dated 27 February 2008. Another letter is in order methinks.

What are the chances of an Amex Blue credit card application from 2001 being acceptable as an enforceable agreement. I completed the form when Amex visited my employer and canvassed outside the canteen.

Enron how right you are, they have now decided that they are going to take a chumk of the refund and hand it to cabot, but I have CCA'd cabot and they have never been able to prove that they own this debt. Is there anything I can do?

Sent a letter to Citi about 6 months ago, got their standard reply about charges being fair etc. Sent another letter a coupleof weeks ago with the intention of starting the process again. Got a letter today offereing all charges plus Interest. YAHOOOOOOOOOOOOOOOOO How easy was that.