CCA & SAR no response, CITI Cards

[cerberusalert]

Should citi be able to supply a copy of the CCA?

Yes... they have to under CCA 1974.

[Mike J 1973]

Thanks for your help, I am sick of trying to get this sorted, I am waiting on the ICO at present, it has been sat in there queue for while.

 

Is there anybody else I can complain to??

[cerberusalert]

You could try to get Trading Standards to step in, if you contact Consumer Direct http://www.consumerdirect.gov.uk/contact see what they say.

[Mike J 1973]

You could try to get Trading Standards to step in, if you contact Consumer Direct http://www.consumerdirect.gov.uk/contact see what they say.

 

 

I have been in touch with consumer direct, they sent me an email reply, but that was all, just told me a I could withhold payment while they haven't supplied the paper work.

[cerberusalert]

I''m afraid other than chasing up the ICO & or sending the LBA there's not a great deal more you can do.

[Dotty50]

Hi Mike,

 

My OH has had a similar letter from Citi (never heard a bean from CCAM)!

 

Still awaiting CCA that was requested in March so account in dispute at the moment.

 

Strange thing is, Citi call regularly, more than once a day! (don't speak to them though)

[Lady Jayne One]

I get the impresion that everyone who applied for a CCA request in early part of year have been tranferred to CCAM. Look at there terms on the Opus card ie the small print. (it is scandalous what they think they can do) It would be good if you could find out under the freedom of information act how much they sold the account for. Interest at 34.9 %.

[Mike J 1973]

Right i will try and make this short and clear, in April I requested my CCA and a SAR, after many letter and compliants to ICO, consumer direct etc.

 

Anyway today I get a letter from CITI saying they havent got the CCA and that its unenforecable, obvioulsy they tell me to keep paying otherwise they will continue to add interest and default charge and it will affect my credit rating.

 

I havent had a response regarding my sar but the ICO have taken my case on as I believe I was missold PPI, I have made 7 payments to the credit card since it technically became unenforecable, so about £1400. I want to basically say I wont make a PPI claim if they dont chase me for the money and place no information on my credit file - do we think this is possible??

 

My concern is that my account was sold to a different lender and I think transferred 9 days ago, so I dont know if I can come to this agreement with CITI or its now the new lender etc, any info would be great.

[Mike J 1973]

Ive just checked any my account transfers to Opus on 21st November, and I am now wondering if Citi Card have waited this long knowing its not going to be there problem! Any help or advice would be really useful as I dont want to make a mistake.

[victoria_siempre]

Hi Mike

 

It is good warfare practice to negotiate only from a position of strength.

 

Your position would be stronger were you to challenge the PPI and charges etc. first. This would also nicely muddy the water between your the OC and the current DCA.

 

best wishes

 

vic

[Mike J 1973]

Hi Mike

 

It is good warfare practice to negotiate only from a position of strength.

 

Your position would be stronger were you to challenge the PPI and charges etc. first. This would also nicely muddy the water between your the OC and the current DCA.

 

best wishes

 

vic

 

Hi Vic

 

Thanks for this, its not currently with a DCA, its all up to date, but Citi have sold a big chunck of there business so as of monday I am a customer of Opus rather than citi, and i do wonder if CITI's have waited to tell me that its unenforceable as they know as of monday I am somebody elese problem!! I just dont really know how to move forward as I dont want to damage my credit rating, so was hoping to do a F&F.

[Bazooka Boo]

Well as of monday you won't have any signed agreement between you and Opus, as Citi have already stated they can't find the CCA, so they are now unable to legally enforce or pursue this through the courts, also with out the CCA they will be committing a breach under the DPA should they mark your CRF adversely.

 

Have you got it in writing that Citi don't have your CCA?

It isn't your problem if they want to continue adding interest on an unenforceable account, how do they think they are going to make you pay?

[Mike J 1973]

Well as of monday you won't have any signed agreement between you and Opus, as Citi have already stated they can't find the CCA, so they are now unable to legally enforce or pursue this through the courts, also with out the CCA they will be committing a breach under the DPA should they mark your CRF adversely.

 

Have you got it in writing that Citi don't have your CCA?

It isn't your problem if they want to continue adding interest on an unenforceable account, how do they think they are going to make you pay?

 

Yes I have it in writing, I thought they could mark my credit file and still pursue me but not enforce the debt.

 

I was going to go for a PPI cliam once I get my sar (the ICO are trying to get it for me) and then offer that as a F&F but as the account transfers on monday to Opus I dont think Citi can do a F&F, my biggest concern is my credit rating, so where you say they cant mark it under DPA I am a little confused as I thought it was established in case law that they could still process data??? Could somebody please clairfy this for me.

[Bazooka Boo]

Here it is, have a read of it,

http://www.consumeractiongroup.co.uk/forum/showthread.php?254802-No-CCA-Processing-your-data-Get-them-a-huge-fine

[Mike J 1973]

I am thinking of sending the following letter to Citi, althought I belive my account has be solder to a different lender, I have had a statement from Citi which tells me what my next payment should be, so I am confused as to who I should pay (if I was going to) and who I should be dealing with.

 

I would be interested in an comment on the following

 

WITHOUT PREDUJICE

 

I am in receipt of your letter dated the 15th November 2010 and I have duly noted your comments. I have to express my disappointment at your organisations response to my complaint, and the lack of ownership that your staff have taken in this matter. I feel I have been very badly let down as a customer and do not believe this matter has yet been brought to a close.

You maybe aware that my original request for a copy of the credit card agreement was made in April 2010, and by law you have 14 days to provide the document, I would be interested in your opinion of the customer service I have received from your organisation, and if you believe it is acceptable for your response to come 7 months later?

There are also a number of other points I would like to raise, bearing in mind the only way I have managed to get a response from Citi is by making a formal compliant. However your staff could not even stick to the timelines you set yourselves, never mind the legal timeline. An example of this is the letter that was sent to me on the 9th of September which basically said that you were still trying to get the documents and it went on to state “If we cannot fulfil your request within a further four weeks of this date, we will write to you again explaining the reason why.” However the next time I heard from Citi was the 9th of November. I am sure you will agree it is clear counting days and weeks is not the strong point of Citi and its staff.

I would also point out that so far my subject access request has been ignored, even though I have proof of delivery, and proof you cashed the cheque, this was also in April 2010, again the clearly defined timeline that is set out has passed. I am intrigued how this request has been ignored even though CITI have cashed the cheque. What baffles me even further is that when I made my formal complaint, part of the compliant was the fact you had ignored my subject access request, it seems reading is also not a strong point of Citi.

As Citi have been unwilling to provide me with a copy of the credit card agreement, and failed to comply with my subject access request I am sure you can see that the customer service to me has been exceptionally poor, which has lead me to making a compliant with Consumer Direct and the ICO. The ICO have taken my case on, and I am sure they will be in touch with CITI in due course.

The reason for my Subject Access Request is that I believe I was mis-sold payment protection insurance as I was self employed during the period of the protection and therefore believe the policy was not applicable to me.

I find your comments that the Credit Card Account is unenforceable is interesting , and I believe it became unenforceable In may 2010. However I have continued to pay instalments while you have been trying to locate documents and dealing (badly) with my complaints. Therefore I have paid somewhere in the region of £1400 to an unenforceable credit card account. I also expect to receive my PPI payments and interest back once the ICO have forced you to furnish me with the documents I am legally entitled to.

For the avoidance of doubt, I do not intend to make any further payments to CITI or anybody else for this unenforceable account, and will make a PPI claim. However I do note the contents of your letter and the possible effect on my credit file and I would propose a compromise. As I have already pointed out you have already received £1400 that I could have legally withheld, and I will refrain from making a PPI claim against CITI and remove my compliant with the ICO in liew of a Full & Final settlement, on the strict understanding that no negative information is placed on my credit file, and my file and account will be marked as settled.

This course of action I believe will be in the interests of both sides, and will bring a close to this matter, with neither side having to waste further time and effort and incurring further costs to resolve these issues.

I would appreciate it if you could give this matter your urgent attention as Citi have kept me waiting for 7 months.

[Bazooka Boo]

Too long winded IMO, and you shouldn't use 'Without Predjuduce' unless of course you don't wish this to be brought up in court?

They are not in the slightest bit interested if they have put you to trouble, and they certainly don't care that it took them 7 months to find the CCA and send it to you.

 

It is too personal which is again something they are not interested in, you are just a number to them, and at the minute one that hasn't paid them, so IF they have indeed sold this then they will already have been reimbursed for the loss.

[applecart]

Too long winded IMO, and you shouldn't use 'Without Predjuduce' unless of course you don't wish this to be brought up in court?

They are not in the slightest bit interested if they have put you to trouble, and they certainly don't care that it took them 7 months to find the CCA and send it to you.

 

It is too personal which is again something they are not interested in, you are just a number to them, and at the minute one that hasn't paid them, so IF they have indeed sold this then they will already have been reimbursed for the loss.

 

I agree; a lot of needless info;

You have their written confirmation that the agreement is unenforceable; having said that it is an order from the court that is your best tool to protect your credibility.

 

I have very little faith in our lending institutions to be frank, in your case despite telling u the agreement was unenforceable.... they still transferred your Acct ???

 

You have the claim in for the ppi; you now need to seek a declaration from a Judge that the agreement is unenforceable, using their confirmation as party to your evidence; regrettably they do not say why they consider it unenforceable.... but you should look for reasons of your own for why the agreement should be declared void, illegal or unenforceable

[Mike J 1973]

Hi I am wondering if somebody can help me, my account has moved from Citi to Opus I believe, however I rejected an interest rate hike so my account is inactive in the sense I cant spend on it but pay it every month. This means that Opus will not be issuing me with a card etc so at present I have no account number etc.

 

I have recieved a statement from Citi adated the 15th Nov saying to pay my monthly payment by the 10th December, the bank giro slip and all payment details are the same as previous months, but I have had nothing from Opus. Who do I pay and if it is meant to be opus how do I pay them??

 

Also I dont know if this effect things, but I got a letter from CITI dated the 15th of Nov 2010 following a CCA in April 2010 telling me they dont have the paper work and therefore the account is unenforecable.

 

I also asked and paid for a SAR in april 2010 and have not recieved the documents, the ICO are looking into it.

 

My account is fully up to date and I dont want to ruin my credit file, I also want to do a PPI claim.

 

I am currently unsure who to pay (if anybody)

 

And also how to move forward with the PPI claim etc

 

Any advice would be great!

Edited November 26, 2010 by Mike J 1973

[Mike J 1973]

I agree; a lot of needless info;

You have their written confirmation that the agreement is unenforceable; having said that it is an order from the court that is your best tool to protect your credibility.

 

I have very little faith in our lending institutions to be frank, in your case despite telling u the agreement was unenforceable.... they still transferred your Acct ???

 

You have the claim in for the ppi; you now need to seek a declaration from a Judge that the agreement is unenforceable, using their confirmation as party to your evidence; regrettably they do not say why they consider it unenforceable.... but you should look for reasons of your own for why the agreement should be declared void, illegal or unenforceable

 

Sorry maybe you misunderstood me, they only wrote to me on the 15th Nov to say it was unenforcable, the account transferred on the 21st Nov but they wrote to me a few months ago to tell me it was transferring.

 

There later of the 15th Nov states "We apologise for the delay in responding and regret to advise you that although we have attaempted to locate your document, to date we have not been successful."

 

They go on to state they will continue to seacrh for the docuement. Then state in line with recent OFT guidance your credit card account is therefore not enforeable.

 

I so far have heard nothing from Opus such as a statement, new account number etc, so I dont know if they account has been transferred or not. I am wondering if this is the perfect time to act as if I tell Opus the account is unenforceable will they just send it back to Citi, and will Citi be bothered as they will have had there money from Opus??

 

I have got a statement from Citi with min payment on, and all of the payments details are the same as always.

 

I havent done a PPI claim yet as I dont have the SAR info, I am waiting for the ICO to force citi to send it to me?

 

I really dont want any adverse info on my credit file at present, any thoughts?? I really dont know how to proceed.

Edited November 26, 2010 by Mike J 1973

[Patma]

Hi Mike,

 

I'm in the same boat as you with regard to having rejected an interest rate hike from citicard and now having a bill due to be paid by 29th Nov which I don't know how to pay. Have you phoned the number on the citicard statement? I did and got the message that they have now closed down.

They give a number to phone 0207 8710464, but I rang that and the automated system wouldn't recognise my account number as belonging to them. Trying to get a real human being to answer was a thankless task, so in the end I gave up.

 

I have to say that if I was in your position I wouldn't be paying them anything, but of course that's your decision.

[Mike J 1973]

Hi Mike,

 

I'm in the same boat as you with regard to having rejected an interest rate hike from citicard and now having a bill due to be paid by 29th Nov which I don't know how to pay. Have you phoned the number on the citicard statement? I did and got the message that they have now closed down.

They give a number to phone 0207 8710464, but I rang that and the automated system wouldn't recognise my account number as belonging to them. Trying to get a real human being to answer was a thankless task, so in the end I gave up.

 

I have to say that if I was in your position I wouldn't be paying them anything, but of course that's your decision.

 

I have tried to call both CITI and Opus, and had the same experience, my hope is that if I dont pay Opus and send them them a copy of the letter from citi they dont start processing my data, and citi have stopped and dont start again! But I think thats unlikely.

 

Although I am up to my eyes in debt and struggling, everything is unto date on min payments, but due to work I cant afford to wreck my credit rating, plus as I use to have a join account with my wife I dont want to damage her credit rating!

 

I have found a thread on MSE where they have been in touch with OPUS and if you pay citi for you payment it will filter through to them!

[Patma]

I understand your problem, Mike.

Do you mind if I ask when you took out your citicard btw?

[Mike J 1973]

I understand your problem, Mike.

Do you mind if I ask when you took out your citicard btw?

 

My credit file says 2001 as the citi account, however it was originally an Associates card and I dont know if 2001 was when I took the card out or when it transferred to citi!

[Bazooka Boo]

Is it these guys? http://www.opusagency.org/service_debtrecovery.html

 

Firstly, if they don't have the coorect paperwork, and can't enforce this in the courts then they have no right to be processing your data, so a S10 DPA request should/could be sent if they continue to do so.

 

It sounds like Citi are going to either sell your account to Opus, or use them as the go between.

I think that the new 'owners' opus, will simply be acting as gophers, and they will not own the debt outright, I would personally wait until such time that you have some random missive sent by the new kids on the block and then go from there..

[Mike J 1973]

Is it these guys? http://www.opusagency.org/service_debtrecovery.html

 

Firstly, if they don't have the coorect paperwork, and can't enforce this in the courts then they have no right to be processing your data, so a S10 DPA request should/could be sent if they continue to do so.

 

It sounds like Citi are going to either sell your account to Opus, or use them as the go between.

I think that the new 'owners' opus, will simply be acting as gophers, and they will not own the debt outright, I would personally wait until such time that you have some random missive sent by the new kids on the block and then go from there..

 

Since the 21st of december Citi Card dosent exsist anymore (Citi still does of course just no UK credit card business I believe), they sold up to a company called CAMM who trade under Opus http://www.opuscard.co.uk/

 

Opus is operated under licence by the BOS. My account is fully up to date, I have never missed a payment, but now have the letter from Citi saying its unenforceable.

 

My next payment which would be my first to Opus is due on the 10th Dec, however I wonder if this is the right time to put the account into dispute, my problem is if they continue to process my data as it will effect my work and my wife!

 

What is a S10 DPA request??