Laura Cooke -v- Citicard

[Laura Cooke]

Many thanks 42man I had already done these and got the Subject Access in my files, only thing I wasn`t too sure of was the statement of truth does it make any difference that I made mine 1-11? as I placed in 1 that I was litigant friend for brain damaged husband then carried on with rest 2-11 I shouldn`t think it matters been to Court a fair few times and if things haven`t changed where I live the Judges are pretty decent guys

Edited February 15, 2010 by Laura Cooke

[Laura Cooke]

Clarity wrote stating they accepted what I had said about them being a 3rd party and were returning the account back to CITI:)

[MandM]

Clarity wrote stating they accepted what I had said about them being a 3rd party and were returning the account back to CITI:)

 

. I wonder who's next

 

M

[Laura Cooke]

After doing some digging they do have a credit licence till 14th March 2010.

 

But I would continue along the s78(1) CCA advice, if haven't received a copy of your "executed agreement", and they continue to enforce the agreement by requesting payment or updating your credit file, file a complaint with the OFT, and then trading standards if they persist.

 

You are legally entitled to that document, and this financial institution is just not playing ball.

 

--

 

Licence Number:

0567831

Licence Status:

Current

 

Current Applicant / Licensee:

Business Name Company Registration Number

Clarity Credit Management Solutions Limited 5307808

 

Categories:

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:

No

 

Issued Date:

18-Mar-2005

Expiry Date:

17-Mar-2010

 

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Andrew James Lea

Garry George Stran OFFICER

Lawrence Rix

Peter John Norris

Stephen Keith Butterworth

 

Historic Individuals that run the organisation:

Name Position

Christopher William Jones OFFICER

David Nicholas Jeffery OFFICER

Hirofumi Hirano Director

James Thomas Totty

John Henry Godfrey Heller OFFICER

Richard Norman Griggs OFFICER

Simon Nicholas Oakland OFFICER

Steven Leslie Johnson

 

Nature of Business:

Debt Collection

 

Current Address(es):

Address Type Address

Principal Place Of Business Lamport, NORTHAMPTON, NN6 9EZ, United Kingdom

Registered Office 2, Swan Court, Lamport, Northampton, Northants, NN6 9EZ

 

Historic Address(es):

Address Type Address

Principal Place Of Business 2, Swan Court, Lamport, Northampton, Northants, NN6 9EZ

Principal Place Of Business Swan Court, 2, Lamport, NORTHAMPTON, NN6 9EZ, United Kingdom

 

 

 

Thanks Enron perhaps Clarity was worrying about their Credit Licence running out on the 14th March:D

[slick132]

Nice going, Laura.

 

[Laura Cooke]

Slick/42 man been trying to get some advice on my mbna thread filed N1 at court to make mbna comply with sars they did after I filed N1 I let court know and then wrote and asked if I could still have all or some of scheduled costs as they didn`t comply till I filed proceedings court then sent a defence from MBNA then a AQ came was advised to fill it in and to ask for a month on it to give me chance to come to some agreement? another cag member suggested I file N244 to ask for costs what should I be doing as in the dark as what to do as had the sars just want costs:confused:

[Laura Cooke]

Had a NOA come today from CITI in same envelope as a letter from Cabot stating they had purchased the debt both dated same day any comments please

[the_shadow]

Had a NOA come today from CITI in same envelope as a letter from Cabot stating they had purchased the debt both dated same day any comments please

 

Snap quite a few in this forum have had them this week

 

S.

[Enron]

Best to keep in touch with one another, as you'll be able to support one another.

 

From the perspective of too many phone calls, or threats of visit let me know as have combatted many a DCA trying this on.

 

Someone said to me a while back that Citi does not issue "Notice Of Assignments" as they are meant to legally transfer ownership of accounts. Normally it's left to the DCAs to magic something up, as happened in my instance with 1st Credit. I'd imagine that Citi would issue them on there coloured stationary for starters -- which doesn't appear to be the case with these.

 

Just thought of something which might help as well, but will PM you all later on.

[Laura Cooke]

Cheers Enron no DCA are supposed to bother my hubbie with calls or visits due to his disabilities but had many a call of creditors in pass till I reported them

[Laura Cooke]

Thanks Enron creditors and dc are not supposed to harass my hubbie with calls or visits due to his disabilty but it still hasn`t stopped some ringing non stop of which I have reported them

[silverfox1961]

Hi Laura, got your PM

Sorry I didn't reply earlier. Been re-reading this thread as my memory isn't what it used to be

 

Citi have confirmed to me -in writing- that they do not issue NoA's so you can be certain that Cabot have printed it(they also told me that they send them)

 

I got a bit confused with your court case(s) as you flitted a bit between MBNA and Citi. Has anything come of the case?

 

If you haven't complained to Trading Standards, I think it is time to do so

Citi should never have sold this debt as it is still in dispute and Cabot should be informed of this.

[Laura Cooke]

Cabot as wrote and offered a 30% discount to settle the debt

[the_shadow]

Cabot as wrote and offered a 30% discount to settle the debt

 

Now if it was flipped the other way it would possibly be worth considering.. the fact they prob paid less than 10p in the pound for the debt makes you realise how greedy these companies are. I'd be quite happy for them to make a 100% profit on the amount they paid for an alleged debt if actually owed, but only if they provide documented proof of how much they actually paid for it

 

S.

[Laura Cooke]

Certainly are a greedy bunch

[Laura Cooke]

Another letter off Cabot saying if don`t ring them to agree a payment plan going to send to litigation I have replied telling them to refer to my replies that I am 3rd party to debt and partner cannot ring due to poor health notice balance keeps creeping up

[WelshMam2009]

Hi Laura,

 

I've had a quick read through your thread but found it a little difficult to follow to be honest.

Lots of references to the SAR but I can only find one in respect of a CCA. What did Citi send you back for this? Did you ever receive a letter from Citi stating that they had no obligation to supply you with your CCA as they no longer had a contractual relationship with you?

[Laura Cooke]

Hi Laura,

 

I've had a quick read through your thread but found it a little difficult to follow to be honest.

Lots of references to the SAR but I can only find one in respect of a CCA. What did Citi send you back for this? Did you ever receive a letter from Citi stating that they had no obligation to supply you with your CCA as they no longer had a contractual relationship with you?

 

Hi sorry my thread goes off par CITI sent a cca well what they reckoned to be one not enforceable

[Enron]

Citi were sending out copies of their Terms & Conditions from the get go, referring to them in some letters as the executed agreement - which blatantly is not the case.

 

The recent test case clarified that companies can fulfill a s78(1) CCA request by posting such material... though obviously this is of no use to a customer in trying to ascertain whether their agreement is legally compliant.

 

The only bonus is that Citi to date have not been sending out copies of agreements - not even to those who have purchased accounts from them. I believe this is because they have lots of issues with them, certainly prior to 2006 this is the case, and the older the executed agreement the more likelihood there will be problems. Part of the reason they are not letting go of them I believe, certainly mine that Trading Standards helped secured is missing prescribed terms making it unenforceable.

 

In the event that Cabot were to commence legal action you would have the opportunity to view and take a copy of the "executed agreement" that you've been after all along by submitting a CPR 31.16 claim to court. Cabot would be looking to make a claim on the basis of it.

 

I think it is standard practice for accounts to be sold and shuffled round the system like cards, however it has got to the stage where they don't bother checking or exchanging the necessary paperwork.

[Laura Cooke]

Hi Enron

 

How would CITI be allowed to depend on a "Executed agreement" that I am unable to compare it with terms and conditions to the genuine article and who is it they`d expect to appear at court when my other half cannot represent himself and me being a 3rd party should not be expected to deal with debts that are not mine

[Enron]

It's very unlikely that the DCA would go to court..... as with all these things a lot of it is hot air expelled in an attempt to instill fear and get a person to cough up.

 

If your husband/partner is unable to physically attend court, i'm sure a judge would take this into account. Additionally no companies, not even Cabot want bad publicity as such action would take.

 

Yep, the allowance of Terms & Conditions to fulfill s78(1) CCA is certainly annoying, however financial institutions wield a lot of power. That said, we do know that Citi agreements have many problems though.

[Laura Cooke]

Latest letter from Cabot which how I read it is inaccurate about enforcement actions that will be applied for that`s surely only when someone doesn`t pay after a court makes an order!!! I again wrote and told them nothing on offer sent budget sheet, told them credit trashed and rent home etc etc they obviously read none of the letters why do I bother? http://i988.photobucket.com/albums/af10/Lac-1822/Photo0057.jpg?t=1298748290

Edited February 26, 2011 by Laura Cooke
Wrong details

[MARTIN3030]

Yes those options are in consideration of a default judgement.

[Laura Cooke]

Yes know that Martin but read it as this would happen what ever you do surely it`s only if you don`t pay instalments set by the court?

[MARTIN3030]

Yes I also notice they say WILL as opposed to the usual MAY.