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DLC/Hillesden Citi Card please help


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Please can someone give me some advice. I don't want to get caught out napping, they are asking me to contact within 7 days otherwise they may take further action. Should I let them know they have not fulfilled my CCA request of 3 years ago. I have done a lot of reading on this site and it seems best not to ignore their letters in case they think you are ready to cave and go for a CCJ. The debt they are chasing is for a Citi Card that I never applied for, it was sent to me without any kind of Credit Check has anyone else had this happen?

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The debt they are chasing is for a Citi Card that I never applied for, it was sent to me without any kind of Credit Check has anyone else had this happen?

That does seem queer.

 

If that was what happened, it would have been an offence contrary to section 51 of the Consumer Credit Act 1974 and the OFT should have done something more about it than the traditional light chastisement with a feather.

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  • 4 weeks later...

Hi Rebel11,

 

Does the following paragraph from No 5 on your list still apply? Just need confirmation it has not changed so I can sleep at night.

 

1.2 The sanction under the Act for non-compliance with an information

request is unenforceability of the credit or hire agreement for so long as

the creditor or owner fails to comply with his duty.

2

Where there is such

a failure, the courts have no discretion to allow enforcement.

 

thanks

 

 

Eli:-)

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Hi Rebel11,

 

Does the following paragraph from No 5 on your list still apply? Just need confirmation it has not changed so I can sleep at night.

 

1.2 The sanction under the Act for non-compliance with an information

request is unenforceability of the credit or hire agreement for so long as

the creditor or owner fails to comply with his duty.

2

Where there is such

a failure, the courts have no discretion to allow enforcement.

 

thanks

 

 

Eli:-)

 

Yes it does still stand

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It still applies and incorporates recent cases such as Carey v HSBC, it's got a plain English guide as well.

 

Yes it does still stand
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Rebel

Not sure if i got this right...

The judge summed up (carey) that the presscribed terms can be in another document even if the document they are in do not relate to the agreement... 173 (3)

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  • 3 weeks later...

Hi Folks,

 

Got another big envelope today with a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

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Factually or in the eyes of the creditor???

Nothing really, true copy is the legal term in the Acts (CCA 74 etc) Reconstructed is when the creditor says we don't have the original but it will have looked exactly like this (Honest M'Lud).

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Hmm I would say there is a difference...

 

A true copy is a copy taken from an original sourced agreement, a reconstruction is a created agreement made from other sources.

 

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I like the HMMM as you disagree... very diplomatic ha ha....

 

Well i see your point, however if the true copy does not contain the signature or various other items how can it be said to be a true copy as it can not be proved to have been signed by the debtor?

 

Which is where the "put to strict proof" comes in. If they can not produce the original how can it have been taken from the original, they clearly don't have it?

 

Did any of that rambling make any sense!!??

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The reason I ask is in ref to my post below on another thread (don't want to hijack this one). The letter was in response to my 3 year old CCA request.

 

Hi Folks,

 

Got another big envelope today with a copy of a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC to me saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

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well am of the veiw that if it does not contain your signiture, then its not a true copy of the signed original, but a true copy of what it would have looked like without your signiture lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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The reason I ask is in ref to my post below on another thread (don't want to hijack this one). The letter was in response to my 3 year old CCA request.

 

Hi Folks,

 

Got another big envelope today with a copy of a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC to me saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

 

Yep, they just admitted they can not enforce the debt in the court, though they can still ask you to make repayments

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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