update - ICO's letter came friday last,

their findings are that Citicards did not comply with all the CCA in time,

and Citi have said they will send the items they did not send,

BUT the 1 item i really want is the copy of the original application form,

( where they say i agreed to take the PPI cover on the credit card, and i say i did not tick that box,

they just added it at their end once they'd got the application form from me )

and ICO say Citi do not hold that info in a system that allows them to find it -

i.e it's filed not on a computer data base i suspect ? -

so ICO said they do not have to supply that piece of info.

.. this is bad news as it's crucial to my case

- i rang the ICO person who dealt with the case,

and she said nothing more they could do,

they will not be taking any more action with Citicards, so end of play.

I've not heard from Citicards yet, but now this has come to fruition, will Opus ( who my account went to after Citicard moved it to them ) now know,

and start to push for their payments to be re-started up?

im still issuing a £1.00 postal order per month as an acknowledgement to my account to them,

and ive had no contact from them either by letter/ statement / or trying to phone me,

which ive found odd, but assumed it was due to the 'account in dispute' letter,

and them knowing ICO involved, but now thats ended im wondering what / where to go now ?

evening, had a letter today from Opus saying i have 48 HOURS NOTICE to contact them by telephone before they take further action, please could someone look at post 45 & 46 and give me advise, am i just panicking, is this a normal tactic of a company when you put a account in dispute, and any advise on where to go from here please ???

r

good morning, wondered if anyone could give me alittle advise on the above post please ? Opus are now ringing at home several times a day, i've told them each time i only will deal with them by letter, but they are saying i have not made the agreed payment plan, - it's as though they've not taken on board the Account in Dispute letters, though the letters were attached to the £1.00 postal order that they've cashed, so they have got them ! im beginning to wonder where this may go, could someone with more experience on these matters reply to me about this please ? thanks very much.

r

hello there, ive had a letter through from Opus saying that from effect from 31st August 2011 my Opus card credit card agreement will be between me and Progressive credit limited - the rest of the letter goes on about if i have a complaint / my Opus card will cease to work ( even though ive never had one, my account was with Citi cards ! ) / what happens if i have direct debit on the account etc etc

Now my question is - i thought if your account is in dispute the company who is was with could not move it to someone else ? even though this company is clearly Opus but a different deptment ! any help and advise on this if you don't mind please ???

rowan

afternoon all, ive been reading threads all afternoon and im sure they cannot continue to charge the interrest they are doing whilst account in dispute, so letter to them will be -

on this months statement i see you have acknowledged the £1.00 payment i made to you, and deducted it from the balance outstanding, this means you also received the letter it was attached to, this letter told you my account was in dispute, and whilst an account is in dispute no charges or interest can be added, yet you have added £34.88 interest. Please remove this amount from my balance.

anything else to add - do you think ? any advice welcome ....

rowan

Hello, a little update and request for infomation please - ICO got back in touch to say someone will be contacting me soon for info to look into my complaint, Opus received account in dispute letter & £1.00 postal order on 5/7/2011, never acknowledged it, or the issues raised in the letter.

Just got my monthly Opus statement, shows £1.00 payment received - ( so postal order cashed ) but still charging interest ( the 0.1% they agreed when i entered into a payment plan ), so my question is, im sure with everything ive read up on here, that if you are in dispute with a company, whilst it's going on they have to stop all interest ? or have i got it wrong, and they can continue to charge ?

thanks for reading and help

rowan

hello, thank you for your reply, okay, letter and (decided on postal order not cheque) payment sent to Opus today, letter put together for ICO, do i sent to a particular person / dept / address, or just to the address on their web site ?

I have got my credit card invoice from 1998 when the card started showing the ppi taken each month, and invoices up to when it stopped, now, because i had it so long, the interest charged has gone up over the years,so how do you work this out ?

Also - ive always been under the assumtion you got back the actual premiums you paid, and only 8% interest, is this not the case now ?

sorry for all the questions, but i was thinking i had a handle on this lot, and clearly i did not !!! so i want to make sure i do it correctly now.

thank you so much for the help and getting back to me so quickly

666

hello again,

'' Next, you prepare a schedule of claim for your ppi and send it with a 14 day lba to Citi '' - can you tell me where to read up to put this together please ?

sorry for all these posts, just want to make inroads as ive wasted so much time doing the wrong thing.

666

oay can you look over this letter to opus please ?

thank you for your letter dated 17th june 2011

my account is in dispute for two reasons -

firstly - Citi Cards are in breach of the D.P.A for not fully conplying with my S.A.R, and i have filed a formal complaint with the I.C.O to force compliance.

secondly - Citi have failed to respond adequately to my claim for the PPI refund i am entitled to, an amount that will now exceed the balance due on the account.

I have never denied this account, and whilst this accont is in dispute i will send a reduced payment of £1.00 cheque per month to acknowledge my responsibilites, but im been prevented from bringing this matter to conclusion by the failure and breaches of Citl.

so a couple of questions - do i enclose a cheque for £1.00 with this letter to them ?

do i send it to the person who send the letter with the recon. T & C's ?

ive said ive filed a complaint with ICO, so i need to do that straight away, could you point me in direction of template letters please?

Then i need to get a letter together to Citi Cards, again where to start with them again, whats the first thing i need to do ?

Thanks for all the help, if you get chance to look over this today, and let me know, i'll get the letter off to Opus straight away.

666

oh bugger, ive wasted all this time dealing with opus, i thought because opus replied about the SAR that i sent to citi, THEY were the ones to now deal with. also ive had no real right to with hold the payments from opus have i ? as it's not them who's not dealing with the ppi reclaim. okay whats the first move please ?

666

Hello, a question has just come to me when reading your reply, should i have been bugging Citi cards and not Opus about the ppi ? I assumed as they bought the account from Citi that they are responsible for re-payments, but have i made a gastly mistake here ?? and been wasting my time dealing with opus over the ppi when i should have been writing to Citi ????

666

hello,

okay yes this has been going on a while,

due to the start of it been with Citi Cards,

then account been sold to Opus.

Citi Cards issued final letter about ppi reclaim saying no middle of last year,

i then went down f.o.s route, only to find months later they tell me they have no jurisdiction due to the start date of credit card was before them.

i have never disputed i owe this balance, but i know the amount i should be paid back of ppi would wipe out the debt.

i was / am on a reduced interest & reduced payment plan with both Citi & Opus, but due to turnover getting steadily worse & worse ive not been able to keep up to it,

so i again spoke to Opus saying once the ppi claim had been sorted i was happy for them to keep it to clear the balance,

they just ignored this letter,

i sent a account in dispute letter, and a cover note saying why i was not making payments due to this ppi claim taking so long to sort out,

and that the reason i want to see the original postal application / form is that i did not tick i wanted ppi, like Capital One credit cards,

( won ppi back from here due to this ) it was ticked at their end.

next thing i get from Opus is the letter i wrote up 2 days ago, that im asking help on replying to them to.

No ive not done either of the things you ask at the end of your reply,

im not 100% what to do on either of them, and im not sure about court, ive never thought about it.

so, what do you think i should move forward on here then ?

please could you use layman terms so when i go to read up on your help / advise i can find what im looking for please ! lol...

thanks for getting back to me so soon, i look forward to your next reply

666

hello, sorry to post again so soon, any ideas of where i can go from here please ? i do not want to get myself in a tangle by responding in the wrong way to Opus.

regards

666

hello again, just recieved a letter from Opus - ' please find enclose a reconstituted copy of your agreement currently in place, by providing this copy, we have satisfied our obligation under Section 78.The regulations define what is required of a ''copy''. Whilst regulation 3 provides ''every copy'' of an executed agreement....shall be a true copy''. Regulation 3 (2) (b) provides that a copy can omit any signature box, signature or date of signature.

In summary, to comply with section 78, the copy does not need to be a copy with the customer's signiture on it. We do not have to produce an actual copy of the document signed.The purpose of section 78 is to allow debtors access to their terms and conditions of their credit agreement and by providing the debtor with a true copy of the terms and conditions of the agreement we have complied with section 78.

We have no obligation pursuant to section 78 of the consumer credit act to provide a signed copy of the agreement.the fact that we have not provided one does not mean that you are relieved of the obligation to make payments pursuant to the agreement.

At the moment we are unable to trace a copy of the signed application agreement,therefor we are unable to provide a copy at this time. however we can confirm our procedure has always been to obtain our customers signature to an agreement containing the prescribed terms before entering into a credit card agreement.As such, we are confident that the agreement remains enforcable.

We do not agree the agreement is unenforceable.As such, we will not write off the outstanding balance on the agreement or pay costs in relation to this matter.Any existing adverse credit history registered with credit reference agencies will remain and further adverse credit notations will be added to the record if your client defaults against the required payments.

It goes on to say my balance and the fact the account is in arrears, ( as ive sent a ' account in dispute ' letter to them - not acknowledged )

so ive not paid anything to them for 2 months now ( im / was in a payment plan with them with reduced interest ) and to refer to section 2 & 3 of t & c which confirm when payments fall due to be paid under the agreement and basis for calculating the amount of the payments due.

Im not disputing i owe the balance, i just want then to understand i am owed the ppi and interest back, and if they won't / can't show me the section i signed up for it at the begining, then the accounts in dispute.

All suggestions / infomation for where i go / what i write back to them now will be greatly recieved please .....

666

hello all, update on the Citi / Opus ongoing saga - my reply letter from them states that as there is a court case ongoing about claims, that cases are on hold and are taking a while to deal with... no mention of anything exact though, ive replied with - yes i know thats the case at the moment, in fact ive read the letter all financial bodies received saying they could not use this ongoing court case to drag their feet to settle outstanding cases, and i hope they will not do the same with my case.This was sent to Opus a month ago, do you think i should now just wait, or do i send a follow up letter asking status ?

regards

rowan

hi fs

have replied as you suggested, and added in the letter that i wanted this info due to asking Citi for the repayment of credit card payment protector cover that i should not have had added to my account by Citi, but as yet, i have not had proof i ticked the ppi section on the application form as Citi keep saying i did, and so now Opus is in charge of my account i would like them to look into this situation now. So we will see what ms Lanigan comes back with.

thank you for getting back to me

R.

hello again

sent SAR to Citi Cards in December of 2010, heard nothing, wrote 2nd letter to push them along in late dec, no answer. Today recieved a letter from Opus who have taken over all Citi Cards customer base, it reads -

we cannot fulfil your section 78 request, we have refunded the fee onto your Opus credit card account and advise that you are still liable for the balance.

We would like to remind you that a section 78 request does not entitle you to withhold your regular monthly payments.

For the reasons set out above i can confirm your complaint has now been closed.

If your not happy with my responce you can go to f.o s - info enclosed etc etc etc ....

And so the cirlce closes, as this is where i was at the start of all this, as i cannot go to f.o.s to act on my behalf as the complaint is before they came into force, so im at a loss now, anybody any ideas please ??

R.

fs - thanks for reply, okay so what your saying is even though those things should have come with SAR, doing this will mean they HAVE TO produce them ? and you say once doors closed pursue my ppi , can i still do this, as ive had their final letter saying they are not re-paying ? how can i make that happen ?

666

hello fs

thanks for getting back to me. im a little confused, and please don't think im daft, but im going to just ask ! i thought the way to get the signed agreement ( showing what i wrote / ticked ) was asked for in the last dealings ( S.A.R ), what is the difference of asking for this CCA ? and if they have already said they have not sent the terms and conditions as they fall out of the definition etc etc , why will they do it now??? ive tried to read up on all this legal bits, but my head is in bits now ! could you just talk me through why / the reasons this is the next step please?

rowan

hello firstship,

thanks for getting back to me.

i have had ( approx 4 months ago ) final letter from citi cards saying they will not be refunding any of the ' cardholder repayment protection ' ( ppi ) on the credit card account,

due to it been a postal application which they say i selected the product, and that no sales call took place & citi cards were not in a position to assess the ''best interests'' of their customers.

I replied with a letter stating i did'nt think their letter offered a satisfactory justification that the policy was sold to my fairly or justly,

and it is the seller who should check if the policy been sold is fit for purpose etc etc.

Their final letter just re-states that i selected the product, that no advise was given by them,

i.e - thay acted on my instructions to provide this product

( which as my application will have said 'self employed', was a waste of money unless i ceased trading to enable me to claim against it !!!!!!!!! )

and their decision is, they do not uphold my complaint,

and please go to the F.O.S if you wish, etc etc.

I've got to say i do not remember back in 1998 if i did or did not tick the ppi cover,

but i do know i will have put self employed,

so i sent everything to F.O.S, and thats where my threads on here start

- no joy to help me as they only from 2001. Any advice from her please ?

your reply earlier says cca them - this the next step ??

regards rowan

hello

well citi cards have surpassed themselves ! i sent SAR,asking for all things firstship told me to ask for, but not invoices (as i have all back to 1989). i got back a letter '' thank you for your recent request for copies of the personal data under s 7 of the data protection act 1998 regarding your account ''.

please find enclosed

copies of the statements issed on the account - ( only back to 2004 though ???)

copies of correspondence received from you.

notes of manual intervention.

we have not provided you with copies of the terms and conditions as these fall outside the definition of personal data for the purposes of the data protection act 1998. similarly, s 7 (1) © only requires a data controller to provide a copy the information constituting any personal data, not the actual document on which the personal data is recorded; therefore we have supplied a copy of the information on the agreement / application.

Unfortunately, we have been unable to locate the application form for your client under the account number given.if your client knows of any previous account number they may have made the original agreement under we will be happy to search again for this infomation.

so , they've managed to send invoices i did'nt ask for ( though not all of them ), and they all have the account number on them, but they say they cannot find the application under my account number !!!! nothing else though that was asked for.

Can i ask where do i go from here ?

regards

rowan

hello bosun

still waiting on SAR info i requested from them..... will let you know soon hopefully...

rowan

hello

this is just to give hope to anyone re-claiming the ppi on their credit card from Capital One - ive just got the full amount back ! they originally said no, and sent a final letter, so i plodded on, went the fos route, and ive got home tonight to a letter saying they have looked again at my complaint, and this time they are upholding my complaint ( funny that eh ? ).

so anyone having a go - keep at it !

rowan

dear Bosun

the credit card was originally with The Associates, then citi cards. i spoke to the guy from fos today, and he told me they have been trying many cases concerning citi, and its come back the anything before 2001, they defo do not have any jurisdiction, they can try to look at the actual insurance company used at the time, but if it was Metlife or Cumberland, then they also have no jurisdiction with those 2 either.so im asking for info from them, and we'll see what turns up.

rowan

dear fs

thank you for all that, i will do this now and let you know the outcome they come back with.

rowan