Citibank then Opus then Cabot .....Help!

[allison6564]

Well finally had a response from Cabot re my letters ..

 

.they're just waffling on that the NOA would of been sent to me via post along with intro letter

and it must of got lost in post which they are not responsible for !

 

They also say they can,t send a copy as they don,t have one and are under no obligation to send me one...

 

They then say the diff in balances is interest not yet applied to the account which they are entitled to do in accordance with terms n conditions in my original agreement.

 

They then say they have sent a recon agreement and Opus would of based this on my original agreement with Cities...

.that they have fulfilled their obligations under section 78 and if I do want a copy of the original they request I contact Cities directly!

 

So all utter nonsense again I think but any views would be helpful.

 

I think I will CCA Cities as post 33 says.

..if they don,t have it I can then just send a copy to Cabot.

Should I just CCA Cities and ignore Cabot from now on?

[allison6564]

I,very just had a letter from Cxxxx today saying that if I don,t make payments they will add interest...this is a very old Cities debt I,all be interested to see if they can do this

[Desperate Daniella]

Hi Allison,

 

I would CCA Cities as you say, and write back to Cabot in a couple of weeks and say,

 

(with all the usual stuff about not acknowledging any debt, etc.)

 

Thank you for confirming that you do not hold a valid credit agreement for this account.

[BRIGADIER2JCS]

Which DCA is this please, name them it will be easier to advise you.

[allison6564]

Mines Cabot too! For me they have not been able to provide the coca so surely no original coca they can charge interest?

[BRIGADIER2JCS]

This would be in the body of an agreement, in the full Ts & Cs possibly NOT an application form which imo does not satisfy a sections 77/78 request under CCA 1974.

An app form does not prove that an account was opened.

[theoldrouge]

the danger is if you cca Citi they nip along to the staff room

,borrow the toilet roll and type on it their name & address,

your name & address type on a set of t&cs from their collection

and insert an interest rate they think was appropriate

and send copy to cabot to send you with the current t&cs and statement of ac.

 

It is then up to you to show that you never signed an agreement such as this because.....?

 

Why do cabots job for them?

 

its up to them to comply with a s78 request and they know it.

 

I would just say you have reviewed the documents that they have sent,

are dissapointed to note that they have still not complied with my s78 request

and confirm that the account remains in dispute

[allison6564]

Well I have had a little break from all the debts as it has been quiet but now have to get back on them .....I attach a copy of the latest letter from C*** which is in response to my formal complaint letter. I'm really not sure the best way to go about this one....the reconstituted copy of the CCA that OPUS sent is NOT the original CCA and even has the wrong address on it at the time the agreement was taken out.

I agree with the old rougue re CIT and can't help think well why should I do Cabot's work for them anyway?

 

Just not sure how to wrod my next letter to them or do I just ignore?

[dx100uk]

just willy waving.

 

ignore them

 

dx

[Desperate Daniella]

Hi Allison,

 

You can ignore them for a couple of weeks.

 

Then personally I would write back and say that you do not want a reconstituted copy of the agreement and as the owner of the alleged debt it is now up to them to provide the agreement. Refer them to the Waksman Judgment in Carey v HSBC, paragragh 234 (4) which states that where an agreement has been varied a copy of the original agreement must be supplied.

 

Tell them that under the Consumer Protection from Unfair Trading Regulations 2008 they must advise you if they hold the original copy of this alleged agreement and they are equally obliged to tell you if they do not have the agreement.

 

DD

[allison6564]

Thanks guys think I might leave it till next week have a nice bank holiday and then see whats happening then.

Thanks again x

[Old Cogger]

Well I have had a little break from all the debts as it has been quiet but now have to get back on them .....I attach a copy of the latest letter from C*** which is in response to my formal complaint letter. I'm really not sure the best way to go about this one....the reconstituted copy of the CCA that OPUS sent is NOT the original CCA and even has the wrong address on it at the time the agreement was taken out.

I agree with the old rougue re CIT and can't help think well why should I do Cabot's work for them anyway?

 

Just not sure how to wrod my next letter to them or do I just ignore?

 

 

they must be looking into the furure i.e. sent 2013 11th October

[allison6564]

I know idiots they are lol in a previous letter they say that it was sent to my postal address on 18th Oct????? They never sent it as I know I would of kept it...keep everything.

[Desperate Daniella]

they must be looking into the furure i.e. sent 2013 11th October

 

Cabot are well-known for this. They told someone else they'd replied to a letter six weeks before it had even been sent.

[theoldrouge]

"cabot remain entitled to apply the accrued interest towards your oustanding balance,in accordance with the terms and conditions of your ORIGINAL AGREEMENT"..........the only one to see this agreement so far is Stevie Wonder

[allison6564]

hahahah thats good lol

[Desperate Daniella]

I honestly think Cabot just pick numbers out of the air. One letter of theirs I saw somewhere here was adding about 50% interest. I think it started at £6,000 and then six months later they wanted £7,500, so after a year continuing at that rate it would have been £9,000. They probably get some poor ***s to pay it too.

[BRIGADIER2JCS]

Cabots 'creative accounting' is getting a ridiculous level at present the only way to deal with them on matters like this is to demand a breakdown of all their amounts claimed and demand unequivocal proof of their rights to charge interest.

[Desperate Daniella]

And if they don't even have an agreement anyway .........

[allison6564]

Well its been a while since my last post about this debt...

 

.I've had a few standard letters but just kept sending them my account in dispute letter as no cca in response.

 

Well just had a very intresting letter from them...

 

..I haven't got a scanner at home but they are saying that

 

they agree they haven't provided a cca,

that they have to rely on OPUS and cannot contact Citi themselves.

 

They have reviewed the info and decided to cease collection!

 

They mention the default and that from copy statements they can see I wasn't making the min payments and so that's why it was registered in May 2011.

 

They go on to say that it will fall off the file in May 2017 automatically.

 

They apologies and at the end state again that we will not be contacted again in relation to this debt!

 

Now this is a huge success to me as a large debt has gone and will not be chased but now I have a few questions:-

 

What about the 6.5k that we have paid them since Jan 2010 after being scared into making a payment that was why too high for us...

...do you think I should ask for this money back?

 

As for the default.

.should that of even been registered as there was no cca etc.

..it has Cab~~ name on it on my file.

..should I somehow try and get that removed too?

Al in all I'm pleased but this forum has taught me well hence the questions xx

[theoldrouge]

honesty from cabot=now theres a first, or have they turned over a new leaf under newownership?:shock: but very well done Allison theres a confidence boost! As to your questions, you could ask-but you wont get it and they will say the default is a true reflection of the account

[allison6564]

Hi OR yes HUGE confidence boost .

..been hard work since Jan and trying to get my life sorted etc but this forum has been a HUGE help xx and people like you...

 

..for the first time in years I am in control..

 

..as far as this one is concerned part of me doesn't want to look a gift horse in the mouth.

 

..it,s 13k off my total debts and I,m not greedy .

 

...think will just file letter

 

...forget about them and move on

[BRIGADIER2JCS]

Well its been a while since my last post about this debt...

 

.I've had a few standard letters but just kept sending them my account in dispute letter as no cca in response.

 

Well just had a very intresting letter from them...

 

..I haven't got a scanner at home but they are saying that

 

they agree they haven't provided a cca,

that they have to rely on OPUS and cannot contact Citi themselves.

 

They have reviewed the info and decided to cease collection!

 

They mention the default and that from copy statements they can see I wasn't making the min payments and so that's why it was registered in May 2011.

 

They go on to say that it will fall off the file in May 2017 automatically.

 

They apologies and at the end state again that we will not be contacted again in relation to this debt!

 

Now this is a huge success to me as a large debt has gone and will not be chased but now I have a few questions:-

 

What about the 6.5k that we have paid them since Jan 2010 after being scared into making a payment that was why too high for us...

...do you think I should ask for this money back?

 

As for the default.

.should that of even been registered as there was no cca etc.

..it has Cab~~ name on it on my file.

..should I somehow try and get that removed too?

Al in all I'm pleased but this forum has taught me well hence the questions xx

 

Hi answers to your questions.

1. Yes a default can be placed and reported to the CRAs

2.Cabot as the owner of the account MUST update the CRA files with their data.

3 Cabot have replied correctly the default entry has a such year life and is a true reflection of the conduct of the account, the only chance of removal is asking Cabot to remove it as a 'gesture of good will'.

[Desperate Daniella]

Brilliant result, Allison. £13,000 off your debts!

[allison6564]

Yes a huge breakthrough...just hope I get my ppi claim then can sort the rest out and start again......wouldn't of been able to do it without you guysxxx donation on the way when I get some money lol

Going to just leave Cabot debt as it stands..don't want to try and greedy and possibly mess things up.