Citi default with Call Credit, no CCA agreement, defaulted 2 months before sending notice

[Enron]

Got a bit of a battle currently ongoing with Citi Financial Europe Plc.

Sent a CCA request to them 12th March 2008, to which I received no reply for some time.

Eventually Citi provided a copy of the 2007 Terms & Conditions saying that they were the executed agreement, and allowed them to now enforce the agreement against me.

Thing is.... account was opened 1996, so no way did they resemble any of the paperwork which I completed at the time. Citi proceeded to justify that the Terms & Conditions from 2007 were the executed agreement by use of a very dubious explanation (i.e. deception).

They defaulted me with Call Credit on 29th August 2008, the default notice finally arrived on 5th November 2008 - obviously making the default unlawful.

Finally got clarification from the OFT that they have not provided the executed agreement and thus have not been legally entitled to enforce the agreement at all with or without a court order, but Call Credit are putting up one hell of a fight.

Equifax have already supressed their entries, Experian I am waiting to hear from.

[Jesteruk]

well done for getting equifax to supress the info, knowing experian it might be harder.
I would send call credit a "account in dispute" letter this should get them off your back for a while. still trying to find the letter you need for Citi.

[Enron]

Have sent them a copy of the OFT letter, clearly states that they dont have the legal entitlement to enforce the agreement until they supply a true copy of the executed agreement.

So Call Credit will be aware that the updating of the account with interest and penalty charges since 26th March 2008 and default on 29th August 2008 have been done in breach of law.

Will see what they're reply is.....

Tempted to consider suing Call Credit if they dont remove or supress Citis entries.

In the meantime waiting on reply from Citi, who have likewise been sent a copy of the OFT correspondence.

[bobbyh99]

Enron

Any chance you could share the OFT letter (minus the personal bits)?

BobbyH

[Enron]

Here you go.

As was always my position, the definition of an executed agreement is a signed agreement. i.e. the paperwork which was completed in 1996, plus Terms & Conditions from that same period.

It cannot be substituted for Terms & Conditions from 2007, an entirely seperate document and completely different set of Terms & Conditions.

http://i26.photobucket.com/albums/c104/telso/1-8.jpg
http://i26.photobucket.com/albums/c104/telso/Image2.jpg
http://i26.photobucket.com/albums/c104/telso/Image3.jpg

.... it is also shown by the fact that other banks who have correctly complied have provided both a copy of the executed agreement, with previous and current T&Cs.

[bobbyh99]

Thanks Enron.