Thread: the_Shadow vs Citicards

Well I've received today a response to my CCA request (they had defaulted responding on Tuesday but I didnt send the account dispute letter till Friday :-|)... they dont want to send me one and claim they dont have to as no agreement is in place.

I took the offer 5-6 months ago of closing the card and paying back at a lower interest rate... that seems to have lost me my rights according to Mr CiTibank?:?

Does this mean I've lost all rights as per the CCA1974? or are they talking bullsh@te which is what I suspect and hope.

Next stage anyone? I dont intend to make the next minimum payment due next month.

Originally Posted by pmw1971

Well I've received today a response to my CCA request (they had defaulted responding on Tuesday but I didnt send the account dispute letter till Friday :-|)... they dont want to send me one and claim they dont have to as no agreement is in place.

I took the offer 5-6 months ago of closing the card and paying back at a lower interest rate... that seems to have lost me my rights according to Mr CiTibank?:?

Does this mean I've lost all rights as per the CCA1974? or are they talking bullsh@te which is what I suspect and hope.

Next stage anyone? I dont intend to make the next minimum payment due next month.

I received the same letter from them in regard to my S78 request back in 2007. http://www.consumeractiongroup.co.uk...-citicard.html . I had also done the same as you, opting to return the card and paying off at the prevailing rate.

I then had a little correspondence with the famous Brian Smith Solictor (sic).
I reminded him that statements issued in response to a S78 request were binding by virtue of S172 of the Act. He tried to claim the letter was issued in error and that they could get a court to override it. I pointed out that they would need to produce the original agreement to prove their 'mistake'.

They went off in a hissy fit - flogged the account on to 1st credit - who also crawled back into their pond when I showed them a copy of Citi's letter.

It has been quiet for over a year now.

Keep that letter VERY safe - it was a 'Get out of Jail Free' card for me!

Originally Posted by SteveH2508

I then had a little correspondence with the famous Brian Smith Solictor (sic).
I reminded him that statements issued in response to a S78 request were binding by virtue of S172 of the Act. He tried to claim the letter was issued in error and that they could get a court to override it. I pointed out that they would need to produce the original agreement to prove their 'mistake'.

They went off in a hissy fit - flogged the account on to 1st credit - who also crawled back into their pond when I showed them a copy of Citi's letter.

It has been quiet for over a year now.
!

Thanks for the reply Steve

Am I right in saying this response basically means legally they have said they will not enforce the agreement so can take no further enforcement actions.. defaults/terminations etc.

But they can obviously still sell the debt on... If they do I suppose it comes down to whether they have the agreement and can supply it to the DCA to attempt to enforce?

Sorry if this seems obvious but its all new to me

Originally Posted by pmw1971

Thanks for the reply Steve

Am I right in saying this response basically means legally they have said they will not enforce the agreement so can take no further enforcement actions.. defaults/terminations etc.

But they can obviously still sell the debt on... If they do I suppose it comes down to whether they have the agreement and can supply it to the DCA to attempt to enforce?

Sorry if this seems obvious but its all new to me

Interesting! I noticed CitiCards cashed my £10 cheque for the SAR.. I don't recall anyone else cashing for the tenners... anyways..

Should the original agreement arrive with the SAR.. or do I need to send a further CCA request? I would LOVE to receive one of those letters

Originally Posted by cadencealex

Interesting! I noticed CitiCards cashed my £10 cheque for the SAR.. I don't recall anyone else cashing for the tenners... anyways..

Should the original agreement arrive with the SAR.. or do I need to send a further CCA request? I would LOVE to receive one of those letters

I'm still awaiting my SAR response, I posted that about 2 days after the CCA request went in, I was really waiting for the SAR myself as I know PPI and excess charges exist on the account.. wasnt too hopeful of getting anything for the CCA request. I'll let you know what comes with the bundle when it arrives.

Originally Posted by pmw1971

I'm still awaiting my SAR response, I posted that about 2 days after the CCA request went in, I was really waiting for the SAR myself as I know PPI and excess charges exist on the account.. wasnt too hopeful of getting anything for the CCA request. I'll let you know what comes with the bundle when it arrives.

Great, I will send them a CCA request tomorrow and see what I get.. although the swines demand proof of ID etc etc... delaying everything for me.

My time is nearly up before the default drops off.. but I want to get them before then for charges

Originally Posted by pmw1971

Thanks for the reply Steve

Am I right in saying this response basically means legally they have said they will not enforce the agreement so can take no further enforcement actions.. defaults/terminations etc.

But they can obviously still sell the debt on... If they do I suppose it comes down to whether they have the agreement and can supply it to the DCA to attempt to enforce?

Sorry if this seems obvious but its all new to me

That was what I argued with Mr BS. We got into a semantic discussion as to what constituted a statement and whether that letter was binding on them. I basically left it with 'if you want to go to court on this you will get tied up in nasty knots'. They obviously have no agreement at all (they bought the account from People's Bank many moons ago).

They bluster and b*llsh*t (as you can see from many other threads). They are desperately trying to cover up the fact that they have no agreement or that their charges are unlawful or whatever other dubious practices they have perpetrated.

They will terminate/record defaults etc. even though they have no legal entitlement to do so.

Personally it does not matter to me whether they do or not (fortunately I do not need a clean credit record even though lloydstsb were more than happy to give me a 6k card after all this kicked off).

My tactic is to say and do nothing and wait out the 6 years until the debt is statute-barred (nearly 2 years and counting!).

Originally Posted by SteveH2508

That was what I argued with Mr BS. We got into a semantic discussion as to what constituted a statement and whether that letter was binding on them. I basically left it with 'if you want to go to court on this you will get tied up in nasty knots'. They obviously have no agreement at all (they bought the account from People's Bank many moons ago).

They bluster and b*llsh*t (as you can see from many other threads). They are desperately trying to cover up the fact that they have no agreement or that their charges are unlawful or whatever other dubious practices they have perpetrated.

They will terminate/record defaults etc. even though they have no legal entitlement to do so.

Personally it does not matter to me whether they do or not (fortunately I do not need a clean credit record even though lloydstsb were more than happy to give me a 6k card after all this kicked off).

My tactic is to say and do nothing and wait out the 6 years until the debt is statute-barred (nearly 2 years and counting!).

hmm its for 4k in my case and the card is from 2005, I just hope they cant supply the agreement in my SAR also or its got reasons to challenge if it does appear... I think I'd probably take a f&f to clear if it gets passed to DCA and I can save up enough:grin:

PmW

Have a look here;

PART 31*-- DISCLOSURE AND INSPECTION OF DOCUMENTS

Originally Posted by MARTIN3030

Have a look here;

PART 31*-- DISCLOSURE AND INSPECTION OF DOCUMENTS

Hi Martin, thanks for the reply....

Please be gentle with me as I'm not very conversant in legalise

Are you saying a b or c or perhaps something completely different:grin:

a) I should instigate a claim under CPR31.1 to see the document
b) are you saying if they instigate a claim I've a right to see the document prior to court proceedings.
c) They have refused me access to a disclosed document and as such cant rely on it during court proceedings?

I notice it says it cant be used for small claim track?


PmW

Very interesting, this happened to me as well but from their Salford offices and was explained away as a mistake by the member of staff.

It seems to be yet another tactic to prevent or stall people from gaining a copy of their executed agreements after requesting a document that they are legally entitled to.

God will these people ever learn!

Originally Posted by Enron

Very interesting, this happened to me as well but from their Salford offices and was explained away as a mistake by the member of staff.

It seems to be yet another tactic to prevent or stall people from gaining a copy of their executed agreements after requesting a document that they are legally entitled to.

God will these people ever learn!

Thanks for the reply Enron, read through your thread with Citi. I'm just physically down the road from yourself

Difficult to know what to do now though.. I suppose I should wait for the SAR to see the full extent of PPI and Charges + 8% and then balance that up with the amount left on the card.

My letter of disputed account passed in the post with their S78 "statement" so I guess I'll wait to hear from them again.

PmW

It could be that you have an enforceable executed agreement.

The thing is without seeing the original you'll never know.

Time for you to get trading standards involved me thinks, I can get you the details of your local one if you PM me your postcode.

Here we are.Have a look at this thread by Paul.
It gets around their refusal to send any CCA.
Instead of using the CCA as a request you use CPR.
They then HAVE to comply.
This is a brilliant pce of info-but can only be used if you are litigating against them.
They have no way to ignore this one


http://www.consumeractiongroup.co.uk...uldnt-use.html



Its actually 31.16

Only just realized they havent sent back the £1 yet... come on Citi dont be stingy

haha letter turned up today with cheque

Letter here

Ok, well I dont intend paying this month so think I'll just send back account in dispute whilst not sending CCA and thanking them for their legally binding response acknowledging the fact they wont be enforcing the alleged agreement.

Wife's just lost her job so couldnt afford to pay them anyway:-|



Oh and Citibank if youre reading this.. its no good saying write to me at this address and then either dont print your name or put a squiggle as the signature