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At no time have Citi responded to my CCA request but today I recieved a strange letter which reads:
We are writing to you because you held a Citi issued card betwen 21 march 2006 and 2 december 2008. Although your account is closed the following information relates to the terms and conditions you were given for this card.
In our credit card terms and conditions, clause 24.8 erroneous excluded our liability for claims on transactions made abroad under section 75 of the consumer credit act 1974. That section gives you the right to make a claim against us for any misrepresentation or breach of contract by the supplier relating to goods and services purchased using your credit card (where the price of the item supplied was between £100 and £30,000, including VAT)
The court of appeal rulled on 22 March 2006 that section 75 applies to transactions abroad as well as in the UK. We have not been relying on clause 24.8 since the date of the decision, but if you think you have a possible claim against us in relation to a transaction conducted abroad and been put off making a claim by clause 24.8, please contact card services on 0870 908 6000
Why are the writing now? Am I alone in getting this communication?
I did have an issue with a web hosting company based in USA but each transaction was for circa £65 ($99) although collectively these added up to several thousands of pounds. I got a refund from the company but still lost out as they did not reverse the transaction. If they had the transaction would have been negated as would any interest charged. However, by refunding I lost out on fluctuating exchange rates and the intersts charged whilst the items were in dispute.
I am a previous Citi customer and also had one of these letters.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
I also received this letter today. Do I assume that as they say the account is now closed then as they couldnt provide CCA then I can just stop paying the reduced payments I have been paying. Havent heard a thing from them since requesting the CCA about 2 months ago. Any thoughts
A very good question wayoutneeded. Ever since I told them on the phone that as they had not responded to my CCA request I would not be communicating all has gone quite. I have not made any payments since March. However, I think it premature to assume thay they have simply written it off. I'd guess if you stopped paying they would react in some way. Hopefully others can add their tuppenceworth and we will all be more enlightened.
When I was making a minimum payment they pretty much left me alone, but after I advised them that I needed to reduce the amount they said nothing until the lesser payment was received then I started to get calls from (I guess a call centre in India) asking when I would be making the shortfall and if I had a debit card to hand. Upon referring them to my letter the response was that he knew nothing about that.
My next step via advice from this forum was CCA and since they failed to respond I’ve ceased payment.
To date they have simply ignored my CCA request although I have had a demand to make "Immediate payment off the full balance on account" and advising me that they have terminated my agreement. It continues that I should cut my card in half etc, yet if they were to check they would have noticed that upon receipt of a replacement card back in October 2005 that I failed to activate the card and since that time have had no valid card with them to destroy!
These companies run in accordance with procedure, rather than law or regulations..... otherwise we'd all have our copies of executed agreements - instead of the recent terms & conditions.
Citi's solicitors attempted to mislead my local trading standards department, that they had indeed sent the copy of the executed agrement which was a flat out lie, so there position of sending out recent terms & conditions is indeed wrong.... but then again we knew that already.
Courts are sometimes accepting the production of original terms & conditions to a customer under an s78(1) CCA request, but not an entirely different document which is completely different to the original t&c.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Still no CCA received but a letter from a company called Clarity offering me a £500 reduction in the balance if I pay in full in 7 days or to contact them to offer a reduced payment plan. Will send the bemused letter as indispute with OC. Anyone heard of CLarity before they are new to me?
No doubt Citi upto old tricks if they are unable to locate your executed agreement.
Best to inform them that the account is in dispute, and that you are awaiting a copy of your executed agreement as requested under s78(1) CCA 1974.
I would be tempted to not use your standard signature as DCAs have been known to be handy with photoshop and copy and paste signatures from letters into documents. Underhand and illegal I know, but they dont care.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Hi
Sent the bemused letter to Clarity and today received two letters one from Clarity stating they have requested the information from Citi. The second letter is from Citi stating and I quote
We have to inform you that we are under no obligation to comply with a request for a copy of your agreement under the COnsumer Credit Act as we no longer have a contractual relationship with you, nor are we seeking to enforce any agreement against you. Your right to be provided with this information from CIti Financial ended with the closure of your account.
What should I assume from this as I hae been making token payments should I just stop and suggestions or thoughts
From memory statements made in relation to s77,s78,s79 are binding under section 172 of the Consumer Credit Act.
That said if you've got a balance with them they'll likely continue to hassle for it regardless. They've been sending these out previously, personally I would say to avoid or delay having to send out a copy of your executed agreement.
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Enron is absolutely correct. I have f**ked Citi off at the high port on precisely this issue. No documents for a properly sent S78 request - letter saying the same as above. Brian Smith then sent a typo filled b*llsh*t letter trying to bluff around it. I hoisted him with his own petard - Citi flogged the account to 1st Crudit - one letter sent them crawling back into their pond. Nothing heard (or paid) for 2 years now
I also received that letter re S75 this week. They got stuffed in the Appeal Court recently IIRC and they have had to send these letters to all previous customers. I'd seen it here on CAG so had a bit of a chuckle when it arrived on Tuesday.
No dramas - there seems to be no connection with the other issues.
"Hello left hand, this is right hand, radio check, over"
"Right hand, nothing heard, out"
Nationwide
- Prelim sent 02/07
- MCOL filed 04/07
CHARGES SETTLED IN FULL!! Woolwich
- Prelim sent 04/07
- Offered 90% - 06/07 accepted MBNA
- Prelim sent 02/07
- CCA request sent 03/07
- CCA reply (illegible + no T&Cs)
- DCA sent packing
- Restons now trying
- gone quiet Citicard
- Prelim sent 02/07
- CCA request sent 04/07
- replied 04/07
No contract & not enforcing!
- passed to 1st Credit
- gone quiet Egg
- Prelim sent 02/08
- 3 letters - full offer 03/08
SETTLED IN FULL!! (All starry, rep, clicky thingies gratefully received!)
No doubt Citi upto old tricks if they are unable to locate your executed agreement.
Best to inform them that the account is in dispute, and that you are awaiting a copy of your executed agreement as requested under s78(1) CCA 1974.
I would be tempted to not use your standard signature as DCAs have been known to be handy with photoshop and copy and paste signatures from letters into documents. Underhand and illegal I know, but they dont care.
I can confirm, Clarity are a DCA. They appear to specialise in difficult debt, ie. cheap to buy and/or high return. One of their more regular customers is a payday loan company, there are plenty of threads on here about them. By most accounts they are easy to deal with.
Citi - foreign transactions
you were given for this card.
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At first I thought it was an incorrect reply to my preliminary request, but I guess it is just a coincidence.
Originally Posted by SteveH2508
