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Cabot Financial / Citi/bmibaby Card


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Hi,

 

This is my first post so please be patient :0)

 

My first letter from Cabot was on the 21st September 2010 (saying they have bought the debt @ £1743.89) I ignored this letter then I got letters on the following dates.

 

29th September - They sent a letter to my girlfriends, no idea why or how they traced me to that address as I had no financial agreements at that property i used to stay on a weekend.

 

I replied saying:-

 

Dear Manager

I am un aware of any debt owed to yourself or your client.

Please provide me with a copy of any credit agreement and a full breakdown of the account including any interest or charges applied.

I would also like to inform you that my address is as above (I own the property)

The address you have on file is not correct, this is where my partner used to live

 

17th November - I had a letter saying account is over due, please contact us - IGNORED

29th November - Welcome to Cabot we have bought your debt £1794.34 - IGNORED

3rd December - Repaying your account - IGNORED

15th December - Contact Us Urgently - I replied:-

 

On the 17th of November you replied to my letter dated the 5th of November (copy attached)

I asked that you could provide me for a copy of the credit agreement I have with you or your client.

Again I ask that you do the following

1. Please provide me with a copy of any credit agreement and a full breakdown of the account including any interest or charges applied.

I have also emailed this letter to

 

5th January - Your Query, please forward us your date of birth and we need to see your signature etc - IGNORED

10th February - SENT ME COPY STATEMENTS - IGNORED

16th February - COPY OF ORIGINAL CREDIT AGREEMENT - has no signature from me - IGNORED

4th March - They are saying they have not heard from me and will put my account on hold for a further 14 days - IGNORED

 

Help would be appreciated

 

Best Regards

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Hi,

 

I don't know if it is enforceable, no idea when the card was taken out as no date on the fake looking credit agreement, just noticed on the bottom of the first page that it says "Your total charge for credit £201.83" The total charge for credit is based on the assumptions that when you open your account you make a purchase of £1500 etc etc

 

1st copy statement shows a £1750 credit limit and a date of the 11th March 2008

 

 

Thanks

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Hi,

 

I don't know if it is enforceable, no idea when the card was taken out as no date on the fake looking credit agreement, just noticed on the bottom of the first page that it says "Your total charge for credit £201.83" The total charge for credit is based on the assumptions that when you open your account you make a purchase of £1500 etc etc

 

1st copy statement shows a £1750 credit limit and a date of the 11th March 2008

 

 

Thanks

 

After 7 April 2007 they don't need a signature to have an enforceable agreement - to be enforceable, though, it must contain the prescribed terms, which for a store/credit card is credit limit, interest rates and details of repayments to be made. Does it have those?

 

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Hi,

 

I have just noticed this "We will set a credit limit for your Account and keep you informed what it is. We may change your credit limit at any time but will inform you when we do."

 

Thanks

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  • 2 years later...

Hi,

 

I have an update on this if anyone is interested or can help?

 

On the 4th December I received a letter dated the 29th November from drydenfairfax solicitors on behalf of Cabot Financial, I had actually forgot about this as I had not heard anything from them in a long time.

 

On the 4th I sent a letter to back directly to cabot asking for a copy of my credit agreement. drydensfairfax replied (letter dated 20th december) postal mark on the letter the 23rd (not sent recorded) received today the 24th december.

 

This takes it out of the 12 working days?

 

With the covering letter was a photo copy of a letter allegedly sent to Cabot on the 28th January 2011 (i guess from when i requested before) saying enclosed are true copies of the original and final agreements with Citi Financial.

 

I notice that I have 2 copies, however they are both differ:-

 

At the top of the poor photo copy one states this as a line reference, 0020 Citi & bmibaby Cards 01 12 2008_C and the other is 0022 Citi & bmibaby Cards 11 01 2008

 

Why do I have 2 agreements? neither are signed

 

How do I proceed with this? drydens want a repayment proposal within 14 days.

 

Thanks,

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What was the original amount? The new owner cannot add on anything unless the t&c's allow it

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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theres lot of this going

 

moved you to the citi forum

 

if you've not already, it might be an idea to read some of the large older threads here in the citi forum.

 

there certainly were extreme doubts about most citi debts sometime back.

 

I've 'heard' of the this bmibaby debacle before

 

might throw some light.

 

you could narrow the search by typing

bmibaby

 

in the search of our grey toolbar top right

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

I don't know what the original balance was, back in 2011 (see posts above)it was £1794.34.

 

Should I ask for all statements and payments made etc and see what the end balance was?

 

Should these T&C's have a credit limit and a date of agreement to enforce the debt?

 

Thanks

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There seems to be some confusion on your part as to the origins of this.

 

Could it now be nearing 6 years since your card was issued?

 

If you used it only a short time and have not made payments or written acknowledgment,

it would be not far from statute barred, hence Cabot's drafting in d.f.

 

I suggest SAR to OC.

 

It will provide you an account history, but not within 14 days.

 

However, that's a deadline you can safely ignore. Pure template waffle.

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There seems to be some confusion on your part as to the origins of this. Could it now be nearing 6 years since your card was issued? If you used it only a short time and have not made payments or written acknowledgment, it would be not far from statute barred, hence Cabot's drafting in d.f.

I suggest SAR to OC. It will provide you an account history, but not within 14 days. However, that's a deadline you can safely ignore. Pure template waffle.

 

Looking at my credit file it says the account was started on the 13th feb 2008 - I have no idea when the last payment was made, maybe back in 2008.

 

Please advise what my move should be? should I do the SAR or ignore them? do we think they will apply for a CCJ etc?

 

Thanks

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you sure on the date you tok this card out?

 

so its listed as cabot as the owner on the cra file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you sure on the date you tok this card out?

 

so its listed as cabot as the owner on the cra file?

 

dx

 

Hi dx,

 

Yes on my Credit File it's listed as Cabot, nothing at all on about Citi - I am not sure on the date i took the card out, I am just going on the date it said on the credit file.

 

Thanks for any help.

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the date you started the account is usually correct on the cra file.

as for it being listed as with cabot

 

that means the OC sold it. when this happens the new owners name replaces that of the OC.

 

seems strange to me, for one from that date that its been sold mind

in 2yrs they sold it.

 

the issue here is what they have send regarding CCa etc

might well cover as a recon.

 

I take it you DID have this card?

or could there be another person that did it in your name online

[which is prob how it was taken out?]

 

might be an idea to scan up the two 'batches' of CCa returns you've had.

 

did you get that Sar off to citi?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think I would send an sar to citi yes

 

get the facts.

 

a reconstruction of the CCA

 

if a post april 2007 account

they are allowed to return what your CCA would have looked like

and they don't need a sig.

esp if it was signed 'online'

 

the T&C's though must be correct for the time of birth

and any later changes.

 

however you need to research this BMIbaby thing. [2nd? CCA return?]

as there are several threads in the citi forum

whereby, it might have been 'fudged'

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Credit Limit £1,750 and 1st statement 11 March 2008

 

Covering Letter Reads - " Further to your request blah blah blah, we have provided a reconstituted true copy of your credit agreement" "which for the avoidance of doubt complies with the Consumer Credit (cancellation notices & copies of documents) regulations 1983 blah blah blah blah.

 

They then go on to say now they have provided this info they can apply for a CCJ etc

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It looks like the last payment was for £54 on the 26.06.2009 via DEBIT CARD PAYMENT - before that the last payment was for £50 on the 5.11.2008 via ELECTRONIC PAYMENT, I don't think I made a debit card payment on the 26th June 2009

 

Balance from previous statement at this date was £1,777.30 (above the £1,600 stated credit limit)

 

I am not sure why a payment of £54 was made, because the min payments prior to this was a lot higher with a lot of charges and interest etc added.

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On the 11th October 2010 a transaction of -£152.07 has been added "DEBIT SALE RECEIPT"

 

Final statement balance £1,743.89 - £152.07 (no idea what that is, cabot's purchase price?)

 

Balance £1,591.82

 

It then says arrears £225.93 due by the 25th SEPT 2009

 

sorry for all the posts.

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