Jason v Cabot & Citicard

[jason_mnm]

Here we go..............now I got Cobet coming behind me for citicard.. they just send me letter.. should I wait till they send CCJ claim form or should I talk to them now..

 

I thought may be it is better if it goes to court, so that there will be record ..In that way it can never again go to court for the same debt..

 

Please let me know what should I do now....

 

I was trying to open a new thread but I could not.. can any of you help me to open new thread for this...

Edited July 29, 2010 by slick132

[slick132]

Hi Jason,

 

Thread opened for this in Citicard forum just now. It can go to Legal Issues if it gets to that stage.

 

Can you give a brief outline of events on this case so far.

 

Edited December 4, 2010 by MARTIN3030

[jason_mnm]

Hi Slick thanks for your help again.

 

I took this card sometime in 2003. As like other cards I keep paying the usual minimum amount till last year. Due to my financial condition I could not keep paying. Then Citicard send the accounts to clarity who agreed with a very lower mohtly amount as per my income and expenses. But last week cobett send me a letter with a copy of assignment letter from citi financial and asked me to contact Clarity again so that I will pay the full amount.

But I do not understand why I have to contact Clairty when I am paying the agreed amount every month per my income and expenses.

Now I am afraid that this is the just the start of taking legal action as cobett are not very nice people as I saw from other thread.

So what should I do now. Should I wait till they take legal action to offer any setlement amount. or send section 78 request etc..

[slick132]

Hi Jason,

 

Send off a CCA request if you haven't already done this and had the credit agreement in response.

 

Also, write to Clarity confirming that a repayment plan is in place due to your financial circumstances which have already been established, and you have kept to that repayment plan. Confirm that you will continue to pay as agreed because you have no money to clear the a/c just now.

 

Are there penalty charges or PPI to be reclaimed on this a/c.

 

[jason_mnm]

Thanks Slick. I donot think there is PPI, but may be there are charges... Do u know if Cobbets are as bad as Restons?

[slick132]

Sorry but I don't know.

 

No doubt you will find out in time.

 

[jason_mnm]

He he.. but do u think I should approach them with a settlement offer now or should I wait till it is in court. Cause if it is in court at least there will be no chance to get it back again cause DCA are liar and can say they have never settled the account!!!...

[slick132]

Hi Jason,

 

I think it's too early to look at making a F&F Settlement offer. You don't yet know if anyone has a valid credit agreement for the a/c, nor do you know how much of the balance is made up of penalty charges.

 

Send the CCA request off first (to Clarity).

 

If you don't have all a/c statements for the last 6 years or more, send off a SAR to Citicard, so you can reclaim all penalty charges made to the a/c, to reduce the a/c balance.

 

I know you want to avoid court action but you shouldn't let this compromise any advantage you have regarding the credit agreement or penalty charges.

 

[silverfox1961]

Hi Jason,

I have had dealings with Citi and if you have a full head of hair now, you soon won't have

 

Yes, send them a SAR but don't expect much by return. If they manage to send you an agreement, you will be lucky. Citi are stating that agreements are not covered by the SAR and the DPA 1998

 

I can't say much about Cobbets as my "alleged";-) debt is with Cabot who I CCA'd in Oct 08 and haven't been able to supply the agreement.

 

All I can say is good luck and have patience. You are going to need it

[jason_mnm]

Thanks goys. By the by actually my debt also with cabot.. i mixed up cabot and cobbets..

 

HI Silver how is ur experience with cabot then...

[jason_mnm]

why i cannot edit a post once i sent it like before.. also how can see the list of threads any caggers has like before..

[silverfox1961]

To your second point first.

You may have noticed that the forum has changed. It will take a little while before it gets back to normal. See here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272257-CAG-Site-upgrade

 

On to Cabot. To be fair on them (Can't say that much ) since I sent them a CCA request, they haven't bothered me although they do lie. They stated that Citi had supplied them with my account info yet when I sent them a SAR, they didn't enclose the data.

I sent them a CCA request in October 08 and after sending the quid back they said they are urgently(?) trying to get the agreement.

Cabot are also a double edged sword. I have read threads where they are taking peeps to court with the flimsiest of documents. I think they target the ones they are likely to get a charging order on.

Don't expect a CCA to appear anytime soon. You may be one of the unlucky ones where Citi have actually kept it but I doubt it.

 

If you SAR Citi, they will in all probability send you your statments and copies of letters sent recently and say that's all they have and that they cannot locate an agreement with the account number you give. Citi did a purge of their systems in 2006 so your file might be one of the ones they shredded.

[jason_mnm]

Thanks silver.. u r lucky that they have not taken u to court yet.. how did u manage them to hold it for you?

[silverfox1961]

Morning.

 

I think Cabot probably checked my credit file and found I had nothing-literally. As my debt(without charges) only came to around the £300 mark, they have probably thought it would be more trouble than it's worth and they did get around £100 off me before I found CAG but they won't write off the rest.

I treat them like a sleeping dog. Don't poke it.

[jason_mnm]

Now they gone quiet.. should I call them before it goes to their solicitor..

[silverfox1961]

Hi,

Have you sent either the SAR, CCA or both yet?

If you have sent the CCA and the 12 working days have passed you can (if you wish) put the account into dispute.

As for calling them- go stand in the naughty corner

 

The only was to deal with any financial institution is by letter.

 

Have you noticed, Financial Institution, Mental Institution? I'm wondering if there is some relation in that

[jason_mnm]

Thanks Silver.. I have not sent no CCA/SAR request as I am scared they might come back with sme funny and horrible things. AS they are quiet now, i thought let it be at this time.. I am just scared to do anything now....

[slick132]

Hi Jason,

 

While they are quiet, use the time to put aside any money you can, so you're able to offer payments when you need to.

 

8-)

[jason_mnm]

Hi Slick how u doing? I have not heard anything yet from them.. They have been nice.. donot know how long they gona be nice for?

[slick132]

Hi Jason and I'm fine thanks.

 

That's why I suggested you use the time wisely, to put money aside ready to pay when needed.

 

8)

[MARTIN3030]

I will change the thread title-to reflect it being Cabot and not Cobblers.

[jason_mnm]

hi broke my friend had simliar story.. he was paying only token pay and suddenly he found the balane shows nil.. no DF entered.. so he stopped paying...

[jason_mnm]

I was recently sent a letter by Clarity credit for my Citicard balance of £2034.

 

They offered me a short settlement for £1795.

 

Then I counter offered them for £500 and we agreed for £795.

 

In the letter they have said as follows:

'

Confirmation of short settlement'

 

I can confirm we are willing to accept one of payment of £795 as short settlement of your account.

Upon cleared funds we can confirm that our client will not take any further recovery action against you

and you will not be pursued for the reaminaing balance and your case will be closed.

 

Once paid by 30 March 2012 this will be repoerted to credit referecne agencies by Cabot as being accepted as 'Partial settlement'.

This means that the account balance will show as satisfied but a partial settlemt flag is added to the account that the full balance was not paid.

 

We look forward to recieve your payment.

 

NOW PLEASE LET ME KNOW IF THE ABOVE WORDING ARE SATISFACTORY and if I should make the payment.

[dx100uk]

why are you paying a discounted debt

 

alarm bells always sound when someone offers a discount.

 

it means they'll go nowhere near a court.

 

have you checked your CRA file?

 

does this debt show?

 

another good pointer is the fact that its a DCA chasing a debt to a DCA [Cabot]

 

if you are going to pay ANYONE pay the OC

 

but you must insist your CRA file is marked as SATIFIED [NOT PS]

 

and ALL negative data is REMOVED.

 

dx

[brokebutnotbeatn]

That probably means it was sold on to someone else...