Victory

[malcindebt]

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.

[saintly_1]

Well done

[Enron]

Celebrate when you have the funds, as they have previously promised to pay others and taken their time.

[malcindebt]

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?

[Enron]

Your need a notice of assignment, would request one from them.

 

Standard Citi practice to send your funds to Cabot.

 

Is there anything outstanding on the alleged debt, might be better to PM me rather than post - as know that Citi look in here, so likely that Cabot could be as well.

[MARTIN3030]

Yes its something they started doing back in 2006.

Hillesden is another they do this with.They allegedly refund 12.00 for each charge to the dca-citing the OFT 12.00 suggestion.Best of it is that at the time Citi said they did not even agree with the OFTs 12.00 ruling.

 

In the absence of a clear and concise breakdown which proves beyond doubt that the 12.00 IS a genuine pre estimate,then the doors remain open to go for the lot.

 

In the past I recall a Judge remarking that the 12.00 refund could be seen as a gift or ex gratious payment and therefore is irrelevant.

Theres also issues of terms and conditions being altered or non existant in the process of doing this so called set off.

[malcindebt]

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.

[Enron]

Chase them up on the agreement part, if its an old account it is possible that Citi do not possess any paperwork on it.

[malcindebt]

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.

[42man]

You can either report them to the financial ombudsman and TS and the OFT....or if they aren't playing ball then take a look here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[MARTIN3030]

Naughty stuff-get the complaint in.

[Enron]

I would also consider contacting your MP, as think the heat needs to be turned up on Citi.

 

My MP has been contacted about CCA request issues as well, so would be handy to inform him of another complaint against Citi if another MP is involved.

[malcindebt]

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.

 

Account Number ****************

Credit Limit £250

Account Balance £162.68

 

We recently attempted to contact yu by telephone regarding the above account but were unsuccessful.

 

We would therefore be grateful if you would contact us as soon as possible on 08709094431. Lines are open Monday to Friday etc..etc..

 

Please note that you may be charged service fees for failing to make your payment on time and spending over your credit limit. If you anticipate any delay in making this payment, we will be happy to discuss the matter with you directly.

 

If you have made this payment, please disregard this letter.

 

Yours Sincerely

 

Mike Green

Head of Collections.

 

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.

[MARTIN3030]

Site team looking at this.Just to let you know.

[MARTIN3030]

First of all DONT deal with this by phone.

Can you let us know the name of the MP that you have contacted-I am interested to know this.

Can you confirm that you have copies (or originals) of all this communication between you and the DCas and Citi ?

 

Hang fire while we look at the whole picture-one things pretty clear...yet again Citi have been acting outside their remit.Please be a little patient for a plan of action to respond the them.

[MARTIN3030]

Enron ? what do you reckon.

[MARTIN3030]

Ok looks a little clearer.So account is still open ?

There was no assignment of the debt to Cabot ?

Did you get from Cabot anything in writing to say that they could not provide any agreement ?

Why would Citi pat Cabot anything unless it had been assigned.....and that being the case-it should not have been assigned without the paperwork.

When did you open the account originally ?

 

 

Looks like the only thing to do now is to file a claim.

You will not have to give them 28 days pre action protocols.I suggest a 14 day letter before action.

Its reasonable simple given all you have stated.

Additionally,you should also file a complaint with the Financial Ombudsman-yes this will not be dealt with quickly,but it needs doing.

Equally a complaint should go in about Cabot.

[MARTIN3030]

Right I am going to send you a something that you can give as a new year present to Citi.At this point lets leave it off here....of course we can let everyone see it when you win .

[malcindebt]

First of all DONT deal with this by phone.

Can you let us know the name of the MP that you have contacted-I am interested to know this.

Can you confirm that you have copies (or originals) of all this communication between you and the DCas and Citi ?

 

Hang fire while we look at the whole picture-one things pretty clear...yet again Citi have been acting outside their remit.Please be a little patient for a plan of action to respond the them.

 

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.

Ok looks a little clearer.So account is still open ?

There was no assignment of the debt to Cabot ?

Did you get from Cabot anything in writing to say that they could not provide any agreement ?

Why would Citi pat Cabot anything unless it had been assigned.....and that being the case-it should not have been assigned without the paperwork.

When did you open the account originally ?

 

 

Looks like the only thing to do now is to file a claim.

You will not have to give them 28 days pre action protocols.I suggest a 14 day letter before action.

Its reasonable simple given all you have stated.

Additionally,you should also file a complaint with the Financial Ombudsman-yes this will not be dealt with quickly,but it needs doing.

Equally a complaint should go in about Cabot.

 

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?

 

Right I am going to send you a something that you can give as a new year present to Citi.At this point lets leave it off here....of course we can let everyone see it when you win .:grin:

 

Did you send anything, I have not received it?

[MARTIN3030]

Ok I can acknowledge your report.

Please bear while your response to these questions are digested and analysed.

[Enron]

Its likely that Citi have sold the alleged debt to Cabot, however not issued a Notice of Assignment.

 

I believe this is the case as 1st Credit are issuing the NOAs which Citi as the original creditor are supposed to.

 

I would definately take a view that this should be taken to court, a claim for the correction to your credit file by removing the default if your account includes penalty charges.

 

For the money that you have paid Cabot it might mean issuing proceedings against them.

[malcindebt]

Its likely that Citi have sold the alleged debt to Cabot, however not issued a Notice of Assignment.

 

I believe this is the case as 1st Credit are issuing the NOAs which Citi as the original creditor are supposed to.

 

I would definately take a view that this should be taken to court, a claim for the correction to your credit file by removing the default if your account includes penalty charges.

 

For the money that you have paid Cabot it might mean issuing proceedings against them.

 

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?

[MARTIN3030]

Sorry Malc-The site team is a bit stretched at the moment-hence late response.

To say this is confusing is an understatement-I have been racking my brains at the best course of action.

Nothing with Citi is simple because that is the way they like to make things-but let me say again they are not untouchable and certainly not above the law....despite sometimes them thinking they are.

As suggested previously Court is the only way to get a result.This needs thought to get it right.I am awaiting confirmation of one or two points.

It would be unwise before then to comment on here,since they should not be given the benefit to try to frustrate your efforts before you even begin.

Please just be a little more patient.

[Enron]

Sounds like you should be making a court claim for the full amount of charges, if the supposed refund is raised you can then produce the letter from cabot stating they have received no money.

 

Tag on the default removal to the end, though you will have to specify under what legislation i.e. the Data Protection Act and why the default is inaccurate i.e. inclusion of unlawful penalty charges in recorded figure etc. Martin3030 should be able to advise you on this.

 

I would be tempted to register this with an N1 form at your local county court, as all of these cases are being stayed through MoneyClaim online. When you receive the Allocation Questionnaire we can then give you reasons why the claim should not be stayed to be included in an accompanying letter.

[malcindebt]

Sounds like you should be making a court claim for the full amount of charges, if the supposed refund is raised you can then produce the letter from cabot stating they have received no money.

 

Tag on the default removal to the end, though you will have to specify under what legislation i.e. the Data Protection Act and why the default is inaccurate i.e. inclusion of unlawful penalty charges in recorded figure etc. Martin3030 should be able to advise you on this.

 

I would be tempted to register this with an N1 form at your local county court, as all of these cases are being stayed through MoneyClaim online. When you receive the Allocation Questionnaire we can then give you reasons why the claim should not be stayed to be included in an accompanying letter.

 

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?