Citi Refund sent to Cabot, not me..!!

[nathal]

Recieved a part refund from citi but they sent the money to cabot financial.

 

Can they do this?

 

I was thinking of writing back saying i do not acknowledge a refund as i have not recieved one yet?

[gizmo111]

Recieved a part refund from citi but they sent the money to cabot financial.

 

Can they do this?

 

I was thinking of writing back saying i do not acknowledge a refund as i have not recieved one yet?

 

How do you know it has been sent? HAve Cabot informed you and what stage are you at?

[nathal]

Hasn't been confirmed, but at bottom of letter it says

'This amount has been sent as a cheque to Cabot financial in payments of your outstanding debt'.

 

However one other thing, the debt with cabot has become unenforceable due to lack of agreement with statutory time within cca. 12days + 1 month and 10 days since..

[gizmo111]

Hasn't been confirmed, but at bottom of letter it says

'This amount has been sent as a cheque to Cabot financial in payments of your outstanding debt'.

 

However one other thing, the debt with cabot has become unenforceable due to lack of agreement with statutory time within cca. 12days + 1 month and 10 days since..

 

I don't think they can decide who they pay it to - also when you refuse this they won't send it anyway . Suggest you PM Martin3030 as he is keeping a close eye on Citi and their tactics.

 

edited to move info that may be useful to citi

[Tobes]

hmmmmm interesting - banks are allowed to take money from one of your accounts to pay an outstanding balance elsewhere, but:

 

I'm not sure if it applies to credit card companies; if it does, and cabot are merely acting as agent, then perhaps they're allowed; if they've soldthe debt, cabot is nothing to do with them, so they can't just do that.

 

so, if the debt was sold on, just continue with your letters stating the money needs to be sent to you, nothing else is acceptable, and continue with court proceedings...

 

Of course, if you owe more than you're getting back, there may be some crappy little argument about whether it is actually your money, but if they've legally sold the debt on I don't think it's their call the retarded poopooheads

[gizmo111]

hmmmmm interesting - banks are allowed to take money from one of your accounts to pay an outstanding balance elsewhere, but:

 

I'm not sure if it applies to credit card companies; if it does, and cabot are merely acting as agent, then perhaps they're allowed; if they've soldthe debt, cabot is nothing to do with them, so they can't just do that.

 

so, if the debt was sold on, just continue with your letters stating the money needs to be sent to you, nothing else is acceptable, and continue with court proceedings...

 

Of course, if you owe more than you're getting back, there may be some crappy little argument about whether it is actually your money, but if they've legally sold the debt on I don't think it's their call the retarded poopooheads

 

Citi read this board regularly and the comments about their practice just get better!

[nathal]

The deby has been sold to cabot.

In reality i owe Citi nothing. Its ludicrus them thinking they can send the money to cabot..

[gizmo111]

The deby has been sold to cabot.

In reality i owe Citi nothing. Its ludicrus them thinking they can send the money to cabot..

 

Citi are doing some very dubious things especially partial refunds.

[nathal]

Think will pop a letter in post saying will accept partial refund if:

 

a) its sent to me

b) will be pursuing the rest.

[maddyrose1664]

Citi did the same with me, even after I explicitly asked them to send the cheque directly to me. They eventually sent me a letter stating that they couldn't pay me and had to pay Cabot and tough sh*t.

 

I have come to the conclusion that as my debt is now enforceable, I'd be pushing my luck to kick up a stink as my debt was for £2500k.

[gizmo111]

Citi did the same with me, even after I explicitly asked them to send the cheque directly to me. They eventually sent me a letter stating that they couldn't pay me and had to pay Cabot and tough sh*t.

 

I have come to the conclusion that as my debt is now enforceable, I'd be pushing my luck to kick up a stink as my debt was for £2500k.

 

do you ,mean unenforceable? Is that cos of a cca request?

[nathal]

yeah, they failed to supply the agreement.

[gizmo111]

yeah, they failed to supply the agreement.

 

Nice one you are 2.5k better off?

[nathal]

Problem is a default, tryin to get removed..

[nathal]

Just spoke with consumerline.

 

They say the debt with cabot financial is still enforceable, but i was under the impression that after 12days the debt is inenforceable until they get me the agreement.

Can anyone shed any light. Is consumerline mistaken, or mis-informed?

[gizmo111]

Just spoke with consumerline.

 

They say the debt with cabot financial is still enforceable, but i was under the impression that after 12days the debt is inenforceable until they get me the agreement.

Can anyone shed any light. Is consumerline mistaken, or mis-informed?

 

Who are consumer line?

 

As I understand it after 12 days the debt is unenforceable if they do not supply a true copy of agreement after a further month they have committed a criminal offence - they debt still exists but cannot be enforced as they cannot produce an execu8ted agreement - this is your total defence in court - but if they find the agrement then they can enforce it.

[nathal]

Trading standards rang me and confirmed what you said.

 

What if they don't remove the default? What then?

[gizmo111]

Trading standards rang me and confirmed what you said.

 

What if they don't remove the default? What then?

 

Sorry nathal - trading standards confirmed what who said?

[nathal]

Trading standards confirmed the debt currently was unenforceable.

 

How do i now go about getting the default removed, as cabot don't seem to pay anya ttention to letters etc i am sending them.

[maddyrose1664]

Have Citi registered the default or Cabot? You need to find out first and then write them a letter asking them to remove it. I think I'm right in saying that you can only get the default removed if it was caused by the charges. If it is because you didn't keep up your payments, I think you will struggle to get it removed.

 

If it was Cabot who registered the default them I'm not entirely sure about that. You could argue that the amount was in dispute and that's why you didn't pay. I'm sure someone with more knowledge will be able to help.

[nathal]

Its cabot who registetred the default.

 

Was just thinking that (cabot financial) in absense of producing an agreement, statement of account etc they have no right to hold any information about me, never mind sending it on to the dca's.

 

Am i wrong?

[debt_mountain]

I agree with you, no agreement not allowed to hold/share your info.

 

I have just filed an mcol against them (see my link in my signature) claiming for damages caused by them sharing my information without permision and the data they are sharing is causing me to have to take out credit at a higher rate. I am charging them this higher rate on my 3 year fixed rate mortgage (difference between currnet mortgage and what I could get should I have good credit rating).

 

Was issued on Thursday so just have to wait and see.

 

In the claim I asked for the damages, court order to remove my data from CRAs.

 

tick tock tick tock.

 

I have only received 1 letter from cabot saying they are looking into it and will reply by end of Sept. diddly squat.

 

Well they received 1 from me. Give me £X,000s damages please and take these black marks of my file.

 

tick tock tick tock.

[nathal]

Problem with that for me, is proving that the default by cabot is the one affecting my ability to obtain credit, not one of the other 4 defaults...

 

They don't seem to pay any heed to letters ata ll.

[andrew1]

Nathal, can you tell me what has happened on your Cabot issue please?

I had a citi debt it was SOLD to Cabot in 2004 - Kingshill No1 Ltd registered a default & citi's is still on my credit file too. Claimed charges from Citi and they refunded the difference between £25 & £12 OFT guidance ( Like everyone else here) and sent it to Cabot too. It was ALL charges on the Citi card £900 + . Cabot haven't replied to my CCA request at all and Kingshill Haven't replied to tell me why they have put a default on . I have been so busy on other things I haven't had a chance to follow up on either Citi or Cabot but time is freeing me up so I'd be grateful to know what happened as your last post was October and some move faster than me - I smell blood !

[debt_mountain]

Nathal, can you tell me what has happened on your Cabot issue please?

I had a citi debt it was SOLD to Cabot in 2004 - Kingshill No1 Ltd registered a default & citi's is still on my credit file too. Claimed charges from Citi and they refunded the difference between £25 & £12 OFT guidance ( Like everyone else here) and sent it to Cabot too. It was ALL charges on the Citi card £900 + . Cabot haven't replied to my CCA request at all and Kingshill Haven't replied to tell me why they have put a default on . I have been so busy on other things I haven't had a chance to follow up on either Citi or Cabot but time is freeing me up so I'd be grateful to know what happened as your last post was October and some move faster than me - I smell blood !

Andrew1

 

Could you not write to Citi and tell them you have not received the refund of charges. Tell them that the debt to Cabot is currently in dispute.

 

In the defence that I got from Cabot it told me what they paid for the debt and it was exactly 10% of the original debt.

 

Did your refund from Citi add up to more than the 10% of the original disputed debt? Nice little earner for Cabot. they pay 10% and get far more back for no work.

 

I have unfortunately paid off the Citi debt that Cabot bought!!! but I am in a similar boat with Halifax (BOS) and the court papers were acknowledge a couple of days ago. I have sent a fax to the legal department saying the debt to Cabot is not acknowledged and is in dispute plus I have started court proceedings against Cabot as they failed to comply with the CCA request so any money paid to Cabot will not be considered as received by me and I will continue to court to claim it back. Not sure what they will do.