citifinancial issues

[cerberusalert]

All those clowns need to know is the 'phone number in order to remove it from their system..... muppets.

 

I shouldn't call them muppets really, after all they are entertaining.... muppets that is.

[Guest HeftyHippo]

the info they are asking for will allow them to do better credit searches and to connect you with debts.

 

they don't need any of that info to stop phoning. as said, all they need is the phone number

 

if you don't speak to them, even eventually they will write. it could be that they are not sure they have the right person, so they want you to supply info so that they don't break the rules by contacting the wrong person. not that they usually bother breaking the rules, but this seems like phisihing

[Angel104]

This morning I received a letter from cabot which says:

 

Please complete and sign the consent form below and return it us.

 

And attached to the letter is a consent form that says: I hereby give my consent for cabot to discuss and correspond freely with the following named individuals/companies on all matters relating to nay of my accounts services by cabot.

 

And I am expected to fill in someones name, address relationship, and date of birth.

 

Does anyone have any idea why they would want this. I have no intention of sending it and the account is still in dispute.

[harrassed senior]

This is usually used when you appoint a member of your family to act on your behalf - I would ignore!

[cerberusalert]

Maybe the muppets think you don't want to communicate with them for some reason and they'll have better luck with someone else.

[Bazooka Boo]

What accounts have you got with Cr@pbot??/

 

'I hereby give you permission to speak to the following people regarding my services with you'

1) Sir Winston Spencer Churchill

2) Shergar

3)

[ashmk]

If they have provided a postage paid envelope, tear it up and send it back to them. You should not have to dispose of their crap.

[Angel104]

I have today received from cabot what they say is a reconsituted credit agreement. What they have sent is photocopies of terms and conditions there is nothing with a signature on it and according to them comploies with the Consumer Credit Regulations 1983. and section 77-78 of the consumer credit act 1974.

 

Could someone please tell me if I should have received something with a signature on it and what should I write back to cabot.

[dpick]

This is a copy of a letter that has been posted on another thread amend as required.

 

 

 

 

 

Dear Sirs,

 

Thank you for your letter dated nn/nn/nnnn.

You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

 

Dpick

[Angel104]

Thank you one letter to cabot going out.

[Abby25]

A reconstructed CCA must contain your name and address at THE TIME THE AGREEMENT WAS EFFECTED. This is because what you have rec'd is meant to be an exact copy of what you signed at the time.#

 

They also have to advise you if they hold the original, and indeed I would ask them why they haven't sent you a copy of the original.

 

Under Carey a reconstructed version satisfies s77/78 requests - but to the best of my knowledge is not permissible in court proceedings.

 

 

Your cca request also requests copies of all docs referred to in the CCA - so when it comes back make sure everything is enclosed ... otherwise your cca request remains in default and your account remains in dispute.

 

Abs x

[ashmk]

Cabot have a great skill at writing long letters with long words about how they are right and you are wrong and its normally all rubbish.

Whatever they send you, get it checked here first.

[Bazooka Boo]

Could someone please tell me if I should have received something with a signature on it and what should I write back to cabot

 

In a word NO, they do not have to supply you with a copy of your signature, BUT must supply you with a copy of the 'Original' agreement taken out at the time, if they send a reconstituted agreement, then they must disclose why they have done so, and also inform you if they do indeed have the original agreement, without one they will not be able to enforce this in a court.

 

Can you scan and post up what they have sent you?

[Angel104]

I dont have a scanner at the moment. But today I received a copy of my credit file and cabot have registered a default on it. How do I go about getting this removed and are they allowed to do this?

[Bazooka Boo]

Unless they are processing your info incorrectly then it is extremely difficult to get this removed. However if you can prove beyond doubt that the info is incorrect, then a stern letter to the CRA's and cr@pbot telling them to remove this immediately or legal action will follow, £1,000 in damages is a minimum you will receive 'per' incorrect entry.

[Angel104]

Cabot have been chasing me over a Citi financial debt which is currently in dispute. This morning I received a letter from 1st credit demanding money for the same debt. I never received a letter of assignment from from 1st credit like I did with cabot.

 

What do I do because now I have both of them after the same debt.

[PGH7447]

report them both to the oft and trading standards, 2 dca's chasing one debt is a no no, or simplky write to 1st crud and state, that this debt is in dispute with crabot and that until the dispute is settled you will not be dealing with them, except to demand their complaints procedure.

 

Thee is a template in the letters section for this

[Angel104]

Cabot have admitted that they do not have the original credit agreement for a citi debt.

They claim that the statements they have sent are enough evidence and are threatening court action.

 

In order to take me to court do they have to have the original agreement because they seem to think they don't.

[Stigman]

Are you talking to Carbot on the phone or communicating via letter?

If by phone, these idiots will tell you anything, always communicate in writing only so you have a nice paper trail.

To take you to court, they have to produce the original document, no document, no judgement.

[cymruambyth]

8 guests! Another training day at Cabot Towers?

[Stigman]

There are currently 10 users browsing this thread. (1 members and 9 guests)

 

[Angel104]

In their letter they say:

 

We have several requests for a copy of the original agreement and are still awaiting this information.

 

The statements we enclose constitue a clear acknowledgment of your responsibilty to repay the debt. In the light of theses staements Cabot is of the opinion that we have provided enough evidence that the account exisits and unless we receive payment within the next 14 days your account will be passed to our legal department which could result in court proceeedings.

 

I trust we have set our position clearly.

 

So how can they start court proceedings with no agreement?

[cymruambyth]

They shouldn't which is why they usually go through Northampton.

They also rely on ignorance where people do not defend and they get default judgements.

[Angel104]

Cabot are saying that Citfinancial issued a default notice on 28th April 2006. I never received this and cabot are saying that I did and that I am trying to avoid payment. Should I write to cabot and ask for a cop of the default notice. And can someone please tell me if cabot need a copy of the original agreement to take me to court because so far cabot have failed to provide this they are saying that the fact they have been given the account is enough evidence.

[spamheed]

Cabot say a lot of things which IMO are so wrong it's shameful.

 

On the assumption that they haven't yet issued a claim against you

 

Yes you should request a copy of the Default Notice, Yes you should send them a formal CCA request which they are obliged to fulfill. Not having an agreement is simply not an option for them, there must always be some form of agreement, even if they reconstitute it for s77/78 purposes.

 

They have to be able to prove that they have a right to collect and that you are liable for the debt and telling you otherwise is naughty,

 

Make sure you only communicate with them in writing and obtain proofs of posting and delivery for everything you send.