Thread: OK its time... anyone with CCA issues report a complaint to the Office Of Fair Trading

Its common knowledge that Citi are misleading people in the event that they are unable to find an executed agreement after receiving a s78(1) Consumer Credit Act request.

Sending customers recent Terms & Conditions or stating that the varied Terms & Conditions sent with statements and new cards fulfil their duty is incorrect.

The regulations are specific, in all instances a request for the executed agreement should be accompanied by the varied Terms & Conditions. For purposes of an s78(1) CCA request, if Terms & Conditions are reference in the executed agreement a copy of those original Terms & Conditions should also be included.

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983
7 Copies of agreements or security instruments where the agreement or security instrument has been varied
(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either--
(a) an easily legible copy of the latest notice of variation given in

Therefore in just providing a copy of the Varied Terms & Conditions the s78(1) CCA request remains unfulfilled and goes into default after a period of 12+2 days of receipt by Citi.

The addition of interest, penalty charges and the further processing of data to the credit reference agencies whilst a request for the executed agreement (i.e. signed agreement) is in default is an action that Citi have no legal entitlement to do, is certainly unlawful, and may potentially be illegal if they attempt to justify this - in my case they did this after my complaint which equates to deception.

COMPLAIN TO:

Enquiries Unit
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London, EC4Y 8JX.

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I think you will find Enron that The London office will only deal with those directly from the home area.
For those outside London they will need to contact their local TS and ask for them to liase a complaint using the London office by home authority.
I had this spelled out to me in the Capquest and Active KAP sagas.

Yes, but most are arguing that to comply with section 77-79 requests they simply have to provide you with T&C's as they were at the time you signed and T&Cs as they are now for comparision.

We are getting the same treatment in court. Judge took the view that: No need for a default notice, no need for the CCA no need for anything..the claimants are saying " The account was terminated so no worries about consumer credit act, quoting Rankines and all that jazz"

This is a credit card we're talking about.

Can we report straight to the OFT?

I have loads more letters to do tonight

Citi have screwed me over for 6 years with charges and it's a satisfied default due to expire this year

Hello Enron!

Paul Wilton also posted a handy letter from the Chief Exec of the OFT which I think could do with being formatted and verified and then made into a sticky somewhere.

To save me typing and having to think too hard, below is some bumf I've just written on another Thread to point SB100 to the letter:

======== START OF CUT AND PASTE! =======

I'd also have a read of the following:

Re: Letters from DTI /Oft Regarding CCA1974 Issues - Post #49

...which is a letter from the Chief Executive of the OFT to the MP Sion Simon, regarding CCA Requests. This confirms the OFT think that a CCA Request response must include the Original Terms and the Current Terms (if varied). The OFT also feels that it would be likely that a Court would want to see the Original Agreement...

...where the veracity of the Agreement produced could then be tested before the Court where the onus of proof is on the Creditor.

John Fingleton
Chief executive
Office of Fair Trading
21/11/2008

In effect, that's what I and many others on CAG have been saying for ages: only the Original Agreement will do in Court. Before Court, it's entirely correct that in response to a s77-79 CCA Request, the Consumer should be given a true copy of the real Agreement, together with both the Original Terms and the Current Terms (if varied).

======== END OF CUT AND PASTE! =======

Cheers,
BRW

Originally Posted by Enron

Yes make a complaint, the more complaints there are the more inclined the OFT are to investigate.

Personally if you have a valid arguement that what Citi are doing is wrong i'd be inclined to also get in touch with your MP.

Citi messed me up in a big way in 2006 - they would not send me SAR as they wanted proof of my old address.. loads of hassle.. in the end I did not get my SAR off them.

Now, it is too late to get 6 years worth of charges isn't it? The account was defaulted in 2003

So they have had a Default on my account, plus all the charges (not concerned about the money, I settled the account by paying half)

What do I do?

Is it possible to get all the statements still or not, do I just demand that the Default is removed?

Originally Posted by Enron

If they were obstructive in fulfilling your Subject access request, I would consider getting trading standards involved asking for their assistance in getting Citi to comply with your request.

statute barred, might be difficult to proceed for a claim against charges unless you have a very good reason - possibly might able to use the reason that the creditor was obstructive in obtaining not supply the documents you requested, but would do a bit of work into this, maybe put a post up in the general section, or search out threads to do with statute barred claims.

Default, if the default was made in 2003 it should drop off your credit file this year - but it doesnt harm add to any potential claim you make.

Many thanks.

I have been onto the Information Commissioners website, and note that you must have hard copies of evidence from the banks etc to back up complaints, I should have all of this by next month and can start then.

I have written a letter to Citi just now to complain, contacted the CRAs regarding them too.

I am not concerned about the charges - stuff them. I do want the Default removed and it isn't due to come off until August. Which is a long time really If it had been in 3 months, I would have forgotten about it.. but no, I don't see why I should. Citi have been worse than any of them. Their charges were worse than Capital Ones!

I sent them a SAR on 8th Feb.. am I right in thinking it is still 40 days?!

Or was it changed to 30

They cashed the cheque 5 days after receiving SAR but so far no statements, not even a letter of acknowledgement.

Still 40 days, out of interest did you ask for anything like a copy of the executed agreement in your SAR?

Originally Posted by Enron

Still 40 days, out of interest did you ask for anything like a copy of the executed agreement in your SAR?

No I didn't, just statements etc..

I can't request one anyways because it is a terminated and settled account.

My only dispute is it comprises of massive charges taking me about £400 over the credit limit with charges only.

I want the default removed and am going to claim for the charges back..