Laura Cooke -v- Citicard

[Laura Cooke]

I`ve never made a request to CITI before the template letter above refers to I have. I have sent a sars to them with reply expected 12-2-10 so I gather the letter above isn`t correct?

[MARTIN3030]

There is some very good info written by Pt (Paul ) site team for disclosure under CPR but this is of more use once any demands and threats of legal action are started.We can point you there should this happen.

[MARTIN3030]

I have edited the letter above to take into account that for you its a new request.

You will obviously need to remove anything that does not apply-such as the reference to a default notice if one has already been issued.

[Laura Cooke]

Hi do I have to delete account in dispute in the title and the other points below it about what they cannot do whilst it`s in dispute? if I do leave the terms in about what they can`t do whilst it`s in dispute what am I mean to put in "the account is in this state*****" what`s meant to be put in the space? that`s if that`s not to be deleted if i send this out 1st class recorded tomorrow when should I expect a response?

[MARTIN3030]

Ok leave as in dispute.I have further edited it.

Send to the City registered office in London.

Address is in the stickies at top of the page.

 

Just a reminder that Citi monitor this forum very closely so be very careful when writing.

[Laura Cooke]

Thankyou Martin just altered it ready to go off much appreciated

[MARTIN3030]

Good.I am going to unapprove it so they dont see it.

[Laura Cooke]

Martin I don`t think this default notice is acceptable as it hasn`t been set out right? advice please

[Laura Cooke]

Martin could you please comment on the DN I posted up on 17-1-10 from CITI

[Laura Cooke]

bump

[vint1954]

Laura,

 

This DN is not technically correct in that it has not highlighted or underlined the text BEFORE THE DATE SHOWN.

 

It is unlikely that a court would throw it out on just this point though.

[Laura Cooke]

Than You Very Much Vint Much Appreciated

[vint1954]

No problem, Keep your chin up. Your first priority is to yourself and your Husband, plus of course family.

 

At the end of the day it is only a financial problem, although I know how stressful this can be.

[Laura Cooke]

Vint thanks

[Laura Cooke]

Do you have to respond to them not sending your data? I haven`t responded as they kept asking for signatures and kept returning things till I did I haven`t wrote chasing up any of my data

[Laura Cooke]

Hi had a letter come today from Clarity today don`t know if they debt collectors or what? only I got a DN from CITI dated 3rd December 2009 to be rectified by 28th December 2009, Techincally set out wrong heard nothing else waiting for my CCA and Sars which are due this week from CITI not had a termination or heard anything else apart from the DN in December advice please this Clarity offered to knock over £900 off the debt if paid within 7 days I am in process of sending a revised Budget to creditors as my hubbie is on benefits can only realistically make a token payment of £1 where does this leave me concerning CITI after receiving this

Edited January 29, 2010 by Laura Cooke

[nick20045]

Yes you should put them into dispute. Otherwise, it can be assumed (although I actually hate that word) that you have either accepted what they send you (if they have sent anything) or that the application is dead.

 

IF I understand what you are saying correctly, you made the application, they returned the postal order and have told you that they will not do anything until you send a signed letter. (Most probably you got the lousy template letter giving excuses about protecting your data).

 

You have not said if this is regarding a s.77/s.78 application or if it is about an SAR.

 

Whichever it is, you can use (which is why it has been said that members should do a lot of research and reading and learning) the OFT Guidelines and refer to them.

 

What is the purpose of the guidance?

1.5 This guidance is intended to set out the type of behaviour the OFT considers to fall within the category of unfair business practices which will call into question fitness to retain or be given a licence. It is expected that applicants and licence holders will abide by the spirit as well as the letter of this guidance.

 

Who does this guidance apply to?

1.7 This guidance applies to all consumer credit licence holders and applicants

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

 

j. requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

 

Now it does say "to prove they are not the debtor" BUT "to prove that you are the debtor" then that should apply as well as, with being called the debtor, they know who you are in the first place. Otherwise, how can they send statements to your address but not what you are asking for?

 

So, if it is a s.77/s.78 then a letter telling them that under OFT Guidelines (and quote the guidelines above) they are not entitled to ask for a signature. The date of the original application was xx/xx/xxxx. 12 + 2 days ran out on xx/xx/xxxx. At the moment they are in default and if they want to rectify it they have 7 days to rectify the matter or, they will remain in default.

 

Mark 7 days after the date of posting the letter on your diary. If by then they either send the same letter or do not act send a letter of dispute in. Make sure you send letters by recorded mail.

 

IF it is an SAR then basically the same thing but you tell them that the 40 days started on xx/xx/xxxx and the time runs out on xx/xx/xxxx and if they fail to answer to the SAR application then they will be in default.

 

You need to do a lot of searching, reading and learning.

[Laura Cooke]

Hi read loads of information I have read ICO responses to consumers on not signing things as the remarks from the ICO as been quite negative on consumers not signing things I know all this about the creditor as always responded to the address they are now questioning but they won`t go away until they get a signature

 

I never signed 1 of the 5 cca requests I have sent I have only had 1 back which is unenforceable and I wrote and told them so never heard anymore, another creditor can`t locate the cca (diddydicky advised you don`t need to send in dispute letter as he states the creditor knows full well they are now in dispute) so I haven`t sent that creditor anything

 

Concerning the sars not had any back as all wanted signatures they kept returning the postal orders and I kept responding the usual about they have been happy to send statements I accept it is stalling tactics but in the end I sent a signature which cannot be lifted,and told the creditors that time was ticking etc for the deadline. I still have not had any sars yet and today started checking if any of the postal orders have been cashed which they have, so now wondering what my next move is

[MARTIN3030]

Laura pm sent.

[Laura Cooke]

Not had anything yet martin off out now to see my sister with the Halifax Autocentre dispute thanks on both accounts:)

[MARTIN3030]

Ok doing it now-had log in probs.

[nick20045]

Hi read loads of information I have read ICO responses to consumers on not signing things as the remarks from the ICO as been quite negative on consumers not signing things The ICO is an office created by the goverment to make the consumer believe they are being looked after when actually nothing happens. e.g. You send an SAR. They do not reply. You contact the ICO. What does the ICO do? They send them a letter asking them to comply. So effectively the bank or DCA has broken the law and the ICO begs them to comply.

 

 

I know all this about the creditor as always responded to the address they are now questioning but they won`t go away until they get a signature Well....... I have given you the OFT Guidelines to quote to them to comply. Up to you whether to use it or not.

 

I never signed 1 of the 5 cca requests I have sent I have only had 1 back which is unenforceable and I wrote and told them so never heard anymore, another creditor can`t locate the cca (diddydicky advised you don`t need to send in dispute letter as he states the creditor knows full well they are now in dispute) so I haven`t sent that creditor anything I tend to disagree with diddydicky (we have communicated on other threads). It is best to put it in writing and make it official. Besides you are putting them on a section 10 to remove all data.

 

Concerning the sars not had any back as all wanted signatures they kept returning the postal orders and I kept responding the usual about they have been happy to send statements I accept it is stalling tactics but in the end I sent a signature which cannot be lifted,and told the creditors that time was ticking etc for the deadline. I still have not had any sars yet and today started checking if any of the postal orders have been cashed which they have, so now wondering what my next move is

So to understand, re the SARs you did now send a signature but still nothing received even though they have cashed the postal orders.

 

No problem. ONCE the 40 days are over send them a Letter before Action. Draft copy (feel free to amend/omit/ignore etc as you deem fit).

 

The Data Controller

Customer Services

xxxxxxxxxxx

xxxxxxxxxxx

xxxxxxxx

Postcode

 

Date By: Recorded mail

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Your ref: xxxxxxxx

My ref: Disputed Debt

 

You have failed to comply with my Data Protection Act Subject Access Request dated xx/xx/xxxx.

 

If you do not comply within the next 7 days I shall seek, without further notice to yourselves, a Court Order obliging you to do so together with damages at the discretion of the Court.

Yours sincerely

 

 

 

Once the 7 days are over you need form N1 from CPR - Forms - Ministry of Justice

 

You fill it in. (When it comes to it post and will give you the information as I have issued a few of these. Actually on way to court this afternoon to file one).

 

And you ask for an order to comply with the s.7 application and section 15(2) of the Data Protection Act 1998 plus ask for incurred costs (can charge for time wasted on internet searching, postage, writing letters etc), damages and exemplary damages at the discretion of the Court.

 

If you are not working you can use a remission certificate so it is free. If you are working then you can still check if you are entitled to a remission certificate (due to low income etc) or if you have to pay you ask for costs to be awarded as well.

 

Now you have all the info.

[slick132]

Hi Laura,

 

I've moved your posts and replies to them into your own thread to avoid hijacking.

 

[Laura Cooke]

Thanks Slick sorry for hijacking that thread

[Laura Cooke]

Nick20045 are you meant to give them an extention to the 40 days read somewhere that you supposed to then give them another chance to send it? I`ve read that much your head spins with it thatnks for the above will use it if that`s what you normally do?