I have a debt with citi financial going back to about 2008, for around £3k on a credit card,

i have been paying £1pm

stopped when i moved house,

the debt company Cabot have instructed Restons to issue court proceedings against me in order to get a charge put on my house which i now own outright.

I have asked if they will accept payments of £40pm to prevent court action

but they have replied saying that unless i repay the full amount before the 8th December they will issue proceedings.

Is it worth getting a CCA request asking for a copy of the agreement to see if it is unenforceable in any way?

Or is there any other strategy people know about to prevent them getting a charge on my house and a CCJ.

regards

Zaggacom

gawd stop ringing fleecing DCA's or their pet dogs as soon as you get a threat-o-gram that doesn't say WILL anything.

they have no legal powers whatsoever, they are NOT BAILIFFS

when did you take the card out?

dx

I think it was before 2008, not sure of the exact year, I think it defaulted in 2009 and I was paying £1pm untill around march this year. What do you think i should do.

go look at your credit file and check?

dx

cabot do not enforce legit debts. Youre being bluffed and youre falling for it hook line and sinker

Thanks for your reply, However, the letter from Restons Sols says

"Our client requires the full balance of £3199.87 in settlement of the above matter. Furthermore, your offer of repayment of £40pm in insufficient to prevent legal proceedings from being issued against you.

As such, please provide your revised repayment proposals by no later than 11th December 2017.

Should we fail to hear from you, by the above date (11 December 2017), legal proceedings will be issued against you with a view to securing the outstanding balance by way of a charging order application."

Its easy to say they are bluffing but it doesent sound like it from my position, I cannot afford to pay the full amount and £40pm is more than i can realistically afford so what can I do if they issue proceedings against me.

Is it worth requesting a copy of the credit agreement or does that not work any more and they are allowed to produce a reconstituted copy etc.

Thanks for reading and I hope someone can help.

yes CCA does work and for CITI stuff its as rare as hens teeth for certain era's

but this is why you were asked to find out the take out date.

so go get your credit file and LOOK!! please

I have looked on Clearscore and they can only go back 6 years, also Equifax say the same. So how can I find out from obtaining my credit file? I do know it was taken out before 2008, and so probably between 2003 and 2007.

ok so defaulted more than 6yrs ago.

do you know the 16 digit number?

if so p'hap a call to citi cards at Canadian square number might give you the result

but if its no earlier than apr 2007 then they cant use a recon agreement

so possibly time to send cabot a CCA request.

as said earlier a signed enforceable citi card agreement is rarer than hens teeth

they were all shredded or lost years ago.

dx

yes i have the 16 digit number, so will try Citi financial and see if they have any further details.

But if it was prior to April 2007 then they can use a reconstituted agreement, but if it was later than April 2007 then they cannot. Is that correct?

Regards

no the other way around

I have found some old paperwork from Cabot, it is a statement of account, it says the Agreement date was on the 23rd November 2007.

How does this change things.

Regards

depends what they return from the CCA if they can getanything at all enforceable..v doubtful

Ok thanks

I have sent the CCA request to Cabot Financial Ltd, with a £1 postal order,

but as its after April 2007 wont they just produce a reconstituted copy which is acceptable in court?

regards

as post 13

don't confuse the CCA act [where a recon might meet the requirements of the ACT]

and enforceability in a court room

arp 2007 changes have no bearing other than toward the act

two TOTALLY different things.

Hello,

Cabot have sent me a reconstituted true copy of my credit agreement, and a current version.

They say

"they confirm that we have provided a reconstituted true copy of your credit agreement, which for the avoidance of doubt complies with the consumer credit (cancellation notices and copies of documents) regulations 1983 and therefore complies with the obligations set out in section 77-78 of the consumer credit act 1974.

We consider that the agreement is now enforceable and therefore we are entitled to obtain a County Court Judgement against you.

However, we would prefer that you work with us to set up a repayment plan to settle your outstanding balance."

What should I do now,

I have previously offered them £40pm which is more than i can afford but they have refused and say they will take me to court and get a charge against my property and i will have to repay it as well.

Is there any way I can fight this in court. Do you need to see the agreement it is 12 pages long?

regards

J

I have previously offered them £40pm which is more than i can afford but they have refused and say they will take me to court and get a charge against my property and i will have to repay it as well.

and how did they tell you that - not on the phone - please ??

yes scan it up to one multi page PDF read upload

Hi, I written to them with the offer, i havent spoken to them on the phone.

Here are the pdf scans.

regards

CCA return.pdf

that's a set of T&C's where's the SIGNED agreement.?

that's a bmibaby card set, which if you read here about CITI and BMIbaby

you'll see its a load of ole twaddle

and where has this text come from

if its in a letter scan it up too

I have previously offered them £40pm which is more than i can afford but they have refused and say they will take me to court and get a charge against my property and i will have to repay it as well.

I think it may have been an internet application in which case there would be no signature. Citi dont have branches so i pretty sure it must have been done online.

Where can i read about bmibaby and citi card, is there a link?

The offer i made was rejected by Restons solicitors. I have uploaded the letter here.

restons ltr.pdf

with a view to a co, but that's rectums for you..

they say court action will be issued against you but don't give a firm date yet.

now citi and bmibaby

your in the citi forum already time to go read up!

use the search cag box of the top red toolbar

citi bmibaby

Ok thanks, so if they have just sent me the terms and conditions with my name on, can they not take me to court with just those documents as they need the original documents to go to court, even if it was an internet application.

Dont know what to do now, do i just wait to see what they do next or is their anything else i should be doing.

regards

did you go read those threads?

there is no even a tick box on those docs!

Yes i have read some of them, seems that they just send out copies of terms and conditions with a name and address and try pass that as a an agreement.

There is no tick box on there , so is that why it would not stand up in court?

nor be enforceable under the CCA