Citicard

[Enron]

Dependent on the age of the account Citi will unlikely have a copy of the executed agreement, in a legally compliant form if your account was opened prior to 2006. My feeling is that a lot of their agreements have issues, hence why they doggedly resist giving them out.

[ltc1607]

I have just had a letter from Opus to say that my outstanding cca cannot be found so they are closing my dispute with CITI and refunding my £1 they also say that my account is not enforceable due to the fact they do not have cca.

[the_shadow]

I have just had a letter from Opus to say that my outstanding cca cannot be found so they are closing my dispute with CITI and refunding my £1 they also say that my account is not enforceable due to the fact they do not have cca.

 

Brilliant news... frame that letter

 

Now you may still have DCA's chase you and your credit file may still be marked but if anyone threatens court action send them a copy of that letter

 

S.

[Dotty50]

I have just had a letter from Opus to say that my outstanding cca cannot be found so they are closing my dispute with CITI and refunding my £1 they also say that my account is not enforceable due to the fact they do not have cca.

 

Very good news ltc, I just went to the beginning of the thread to see how you started off and realised this is my own thread for OH!

 

I hope we get a similar letter!

[ltc1607]

good luck Dotty. I just sent sar request and got it back minus cca sent a few letters and this is the result

[ims21]

Whoo Hoo:whoo:

[Dotty50]

Not the best news!

 

This is now with Cabot, they have written advising that they have bought the account from Opus and are responsible for administering the account, including answering queries or receiving payment. Goes on to say call us etc.

 

They have enclosed, a copy letter from Opus, headed Notice of Assignment, dated recently addressed to my OH. This letter states that the account has been assigned by BOS and CCAM to Cabot Financial (UK) Ltd who has appointed Cabot Financial (Europe) Ltd to administer the account on its behalf!

 

Will have to dig the file out this weekend and see what is what and think of a suitable response, as this is still in dispute with Citi, who can't supply the CCA!

 

Bit concerned its gone to Cabot though!

[The abused]

A little like my response from OPUS, They just say the dispute is now closed. it would appear they are doing exactly with Cabot what citi did to OPUS. Its like a bloody merry go round. They have closed the dispute so therefore they see themselves fully compliant in selling the account to Cabot.

[Enron]

A dispute involves two sides, just because one says its closed - it doesn't make it so.

 

Citi accounts are a bit of a Catch 22 situation, you can't get hold of a copy of your "executed agreement", but likewise to date assignee's (the likes of OPUS) and DCAs such as Cabot aren't getting them either.

 

My reasoning is that Citi might have destroyed, or have issues with a lot of their original executed agreements - and hence why no one is getting them.

 

Obviously expect Cabot to be unpleasant in an attempt to get you to fold and cough up regardless of any dispute, or whether you actually owe anything. Any problems, get in touch with me, i've become relatively good at letter writing..... and mentioning the elephant in the room with regard to finance normally stops things.

[ltc1607]

Hi Dotty I have just had a call from Cabot looks like the same has happened to me and I have a letter from Opus to say they cant enforce.

[hatesdebt]

Got the same letter, but (to me) reads like the account is not sold, but cabot are the agent.

I have a letter from citi stating no agreement and the account is unenforceable.

[ltc1607]

I have the letter coming had phone call Friday and I also have a letter saying not enforcable.

[hatesdebt]

Ok,

 

After reading it again.

The letter from opus says the account has been assigned to cabot, who will administer it ON THEIR BEHALF.

 

Letter from cabot says they have bought the debt.

 

Be nice if somone could make their mind up eh?

[Dotty50]

Looks like we are all in similar boats then!

 

OH about to have a read through the file.

 

I will be back, but may be some time!

Edited June 5, 2011 by Dotty50

[hatesdebt]

Looks like we are all in similar boats then!

 

OH about to have a read through the file.

 

I will be back, but mat be some time!

 

Yep,

 

Same boat, at least we can help each other out....

[Dotty50]

Ok Citicard couldn't produce CCA, confirmed not enforceable and returned £1.00 cheque (not banked), then transferred account to Opus.

 

Opus couldn't produce one either so they credited the non existent £1.00 to a non existent Opus Credit Card account!

 

Clarity wrote a few times but now gone away!

 

Cabot state that they bought the account from Opus and now administer the account and are responsible for answering queries and receiving payment, they enclosed a NOA from Opus to Cabot.

[hatesdebt]

Yep,

 

Same.

I'm wondering what weight the letter from citi would carry in all this.

It's my understanding that if they attempt litigation, the complete lack of a cca is still a complete defense??

 

Edit.

The noa from opus does not state it's sold the debt, but cabot are acting on behalf of?

[the_shadow]

If Cabot do NOT own the debt then they cant bring proceedings against you in their own right, they would have to be joined by the owners of the debt OPUS.

 

Personally if youre interested in knowing who actually owns the debt then I'd write back to both of them asking to acknowledge if they own the actual debt, I would put in there a paragraph stating that as per the CPUTR 2008 any answer that is misleading or inaccurate WILL be reported to the relevant authorities and will be retained as evidence for future action if you so desire.

 

S.

Edited June 5, 2011 by the_shadow

[hatesdebt]

Thanks, may well do that this week.

[hatesdebt]

Another one for you Dotty.

My letter from cabot and the noa from opus are both dated the same day, so methinks this is not a genuine noa from opus, but one my up by cabot on opus letterhead?

Is that the case for you??

 

Anyway, I'll compose a letter to both tonight under cputr 2008 asking who owns the debt and when the transfer took place.

I'll inform you asap of any reply.

[the_shadow]

The transfer date is important, if there is one on the NoA you have been sent then it MUST be accurate, an invalid quoted transfer date on the NoA makes it invalid and therefore the transfer non-executed. There is case law for this.

 

Trouble is you only get to see the actual transfer date if you see the Deeds rather than just the Notice, and as this is commercially sensitive it wont get disclosed until court and then they'll fight to show only a heavily redacted copy.

 

S.

[hatesdebt]

There is no transfer date on mine, just the date of the letter. I'll see what I get back and let you know.

Sorry Dotty if I'm hijacking your thread btw...........

[ltc1607]

My letter from opus stating that the account was not enforceable says We shall continue to search our records with a view to providing you with a copy of your agreement.In line with oft guidence your credit card account is therefore not enforceable.Enforceable is a legal term meaning that the lender is not entitled to commence legal proceedings against you however you should contimue to pay any amounts due as your contract with us is not void. What Contract ? Surley this means that Cabot have no chance.

[ims21]

Hi ltc

 

You have no contract with Cabot

 

Without a credit agreement they won't go near a court.

 

ims

[ltc1607]

Hi that will apply to us all who have just been told Cabot now have the account but CITI could not produce a cca