Me vs. Citi Cards

[gribzig]

I CCA'd Citi Cards back in October and sent a further request once the 12+2 days were up.

 

They failed to comply with my request and

 

I received no documentation until the following arrived.

 

With it was a copy of their current standard credit card agreement.

 

I have also received a letter from Capital Collection Agencies advising me that unless I called Citi Cards within 72 hours

my account 'will be referred to a specialist customer contact company.'

 

 

Help please!!

[cerberusalert]

Try them with this;

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

Edited March 12, 2009 by cerberusalert

[gribzig]

Thank you! As they haven't yet threatened court action (just referral to their collection agency!) should I omit the references to court or leave them in?

[cerberusalert]

I put the wrong letter up so I've changed it to the correct one.

[gribzig]

Thank you very much indeed.

[gribzig]

I had letters this July from Mortimer Clarke chasing a debt Cabot had bought from CitiFinancial.

 

 

I CCA'd CitiFinancial at the end of October 2008,

they failed to comply and

I have paid nothing nor acknowledged the debt since then.

The debt will therefore be SB after November this year.

 

I wrote to both Mortimer Clarke and Cabot with this letter:

 

They responded with this:

 

I wrote further to Mortimer Clarke in August with this and they responded stating they would put matters on hold:

 

Cabot wrote last week to state that:

 

"we write further to our letter dated XXX regarding the account opposite.

 

Please find enclosed statements for the account, the notice of arrears and default notice that we have received from CitiFinancial for your records.

 

We hope that this clarifies matters for you."

 

No notices were enclosed - only statements - and I have never received a copy of the signed, executed credit agreement I requested back in 2008.

 

Suggestions please as to what I do from here? Thank you!

[citizenB]

What amount are they claiming you owe ?

 

When was the original agreement entered into ?

 

Was this a credit card or loan

 

Do you know if there were any default/penalty charges or PPI on the account.

 

Did you cease payment purely on the basis they were unable to supply the credit agreement ?

[dx100uk]

they'll never get a CCA request out of Citi

 

 

and even if they do

 

 

9/10 the T&C's are wrong.

 

 

no complaint CCA return ...no pay cabot!!

 

 

dx

[dx100uk]

quite honestly I'd stop the letter tennis unless/until they supply a CCA

 

 

dx

[gribzig]

What amount are they claiming you owe ?

 

When was the original agreement entered into ?

 

Was this a credit card or loan

 

Do you know if there were any default/penalty charges or PPI on the account.

 

Did you cease payment purely on the basis they were unable to supply the credit agreement ?

 

Original agreement entered into in 2001. This was a credit card and there were penalty charges - total amount they claim is owed just over £3000. Yes I ceased payment on the basis they failed to supply the credit agreement within the proscribed period and have failed to do so since.

[gribzig]

Thanks dx - expect they're trying to pile on the pressure before this is SB.