Wednesday vs Citi Cards

[gill5blue]

looks better than the letter i sent

you could also include 'i do not acknowledge that i owe citi any money'

[wednesday1867]

Cheers Gill, too late about the oweing citi money, i posted it earlier today

[wednesday1867]

What are Citi like for supplying the statements?

 

my sar runs out in 5 days and not received anything yet

[wednesday1867]

Sar runs out on Monday, so Non Complince is going in the post Monday, if i dont receive anything......

[wednesday1867]

Anyone know the costs for taking Citi to court for non compliance of the SAR?

 

Can i complain to the Information Commissioner first?

[surprise]

Wednesday, I complained yesterday to the ICO for non compliance. I emailed them the file. I scanned Citi's letter into the file so that they could see what rubbish they are spouting.

 

Good luck.

[wednesday1867]

I havent received anything about my Sar................

 

 

Got the usual bumph about the CCA, ill file a complaint with Inf Comm tonight. Not too impressed with the Inf Comm tho, they didnt do anything about my last complaint

 

Seems we are having a go at the same firms Surprise

[surprise]

I reported Morgan Stanley to the ICO for non-compliance for a SAR and they got in touch with them as MS referred to the ICO in one of their replies.

[wednesday1867]

I didnt have an account number for an old HSBC credit card, i gave HSBC, dates of direct debits from HSBC current account to HSBC credit card. Received nothing for my sar, complained to Information Commissioner and they said HSBC were ok, becasue i didnt supply an accout number

[wednesday1867]

Right then, thats the complaint sent

 

40 Days from the date of my sar was Sunday, 40 days from when they received it, is today

 

Not playing games here Citi

[wednesday1867]

Well just a quick update.

 

Still have received nothing

 

No Agreement

 

No Statements

 

I knew Citi wouldnt be easy, didnt think they would be this lax tho

[Enron]

Write a letter to complain to Citi, at the same time I would suggest submitting a complaint to the ICO - i've got the forms if you need them.

[surprise]

ICO have responded to me regarding no agreement from Citi and its not in their domain apparently. So its a waste of time complaining to the ICO.

[wednesday1867]

How we all doing?

 

Ive had a shocker today but they ya go

 

Regarding the non compliance of the S.A.R - (Subject Access Request), i did complain to the Information Commissionairs Office, got a reply today as it goes, reads as such:

 

 

What will the Information Commissioner’s Office now do with your complaint about the failed subject access request?

[wednesday1867]

I keep editing the above post and it keeps coming out the same

 

Anyway, heres Inf Comm reply

 

 

 

 

[wednesday1867]

Same again

 

If it happens again im giving up

 

 

We acknowledge that in pursuing the unfair penalty charges a valid subject access request was made to CitiFinancial and although the information requested may not be needed to recover any unfair penalty charges, financial institutions are still required to provide it.

[wednesday1867]

I havent been around for a while, but since i sent the sar and cca requests, i received nothing.

 

I complained to the Information Commissionair and still nothing.

 

I stopped paying and over the last fortnight, Citi have been constantly calling, i have been at work tho, so i need to write to them to tell them where to swing it

[Enron]

Surprise, surprise... you can probably get better advice on the CCA from another area of the forum.

[gill5blue]

which area?

[Enron]

Massive CCA thread here:

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html?highlight=consumer+credit+agreement

 

From what I remember, a bank who doesnt comply and then continues to be in breach of supplying the CCA has to go back to court to enforce continued payment - which doesnt look particularly good if you don't have the documents.

 

However at the same time it is likely that the institution in question will pester you, though if you highlight the situation and state that the account is disputed that may help, if the calls continue there is legislation protecting you as an individual from harrasment.

 

It is very likely that a default will be registerred against you which will effect your credit score.... so that has to be taken into consideration as well.

 

There is an arguement I remember as well which came from Mr. Smith, Citi Solicitor - someone applied for repayment of bank charges, but then in addition the CCA request. The issue was raised, that if you were to dispute that you owed any money to Citi through the CCA route, then why are you also reclaiming charges.... so just something to be aware of.

[wednesday1867]

It is very likely that a default will be registerred against you which will effect your credit score.... so that has to be taken into consideration as well.

 

 

Well i got in contact with Citi explained i havent received either the sar or cca, when i do im only going for the lack of cca. They replied that they sent me the T&C's to do with this account and its fulfils their obligation to the CCA.

 

I havent had chance to reply to it yet, saying roughly T&C's dont cut it, but today i received the default through the post.

 

Who are the best people to complain to about this and i'm happy taking them to court to get the default removed, is this the only option?

 

Thanks.

[Hopeful1]

Hey you! On the General Debt forum, Davefirewalker has a thread about CCAs, it may be worth popping over there to see what he's been up to. I was told a while ago he's pretty knowledgeable when it comes to CCAs.

 

[Hopeful1]

And there you go:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html?highlight=PHOTOBUCKET

[wednesday1867]

Right then,today i finally received my sar information, only 7 months after my initial request

 

 

So this is how it stands, i have received no agreement yet, i stopped paying, roughly August time and Citi defaulted me back in 2006.

 

I have gone through my statements and added up all late fee's and over limit fee's.

 

Time now to move on this account either one way or the other, go for charges or go for no agreement.

 

The total of charges and contractual interest @ 17.4 (stated on statement) is nearly £1000 over my outstanding balance on the account as of August last year.

 

So i think im going to fire off a pre lim, saying they owe me x, i owe them y, x-y, means you should now close the account and send me the remaining xx.

 

Thing is, do i have to go down the lack of cca to get the default removed, or is there any chance i can reclaim charges and default removal?

 

Thanks for any info and help. I do understand this is the beginning of another long wait, hopefully not 7 months tho.

[surprise]

You would be better going for your charges. Citi won't pay what you ask and you will either have to go to court or FOS and at that time you can make your default removal as part of the settlement.