keren29 v Associates (citicards)**Defence Struck Out**

[keren29]

I sent off my DPA to citicards about my old Associates CC.

 

They've written back today, have found my CC number (good news, I didn't have a clue what it was) and, because I'm at a different address now from when I had my Associates card, they've asked me to complete a Subject Access Request Form and enclose 2 forms of ID.

 

Is this the way togo? They've never contacted me at this address, they acknowledge they have my £10 and are happy to send statements and any examples of manual intervention, so I guess filling in the form to prove my ID is a fair request?

 

They were very fast - I only sent the DPA a few days ago.

[lickthewallfatboy]

sounds good so far-be prepared for a fight,especially if it's a largish sum.They just ignored me for a while hoping I would go away!!

[keren29]

ooooh, I won't go away!!!

 

It's an account that's been closed for a few years and they sent it from DCA to DCA - I have abolutely nothing to lose and a bit of revenge to gain!!!

[gizmo111]

I sent off my Data Protection Act to citicards about my old Associates CC.

 

They've written back today, have found my CC number (good news, I didn't have a clue what it was) and, because I'm at a different address now from when I had my Associates card, they've asked me to complete a Subject Access Request Form and enclose 2 forms of ID.

 

Is this the way togo? They've never contacted me at this address, they acknowledge they have my £10 and are happy to send statements and any examples of manual intervention, so I guess filling in the form to prove my ID is a fair request?

 

They were very fast - I only sent the DPA a few days ago.

 

I had exactly the same request and as I had a different name and address I fileld in the form as it seemed too trivial argue when this way I will get what I want.

[MARTIN3030]

I too had one of these and applied to Citi for dpa info.

They sent me one of their forms to fill in and I just sent 2 forms of id telling them I was not legally required to fill in their form since I had made absolutely clear of my request in my original letter.

I sent them an e mail this week reminding them that my request started from the day they got it NOT the day they got my ID.

I got a letter yesterday saying they could if they wanted start from their date but were going to honour the original date (extremely good of them).............

My account was passed on to a dca Hillesden securities who have defaulted me.

I have written to them requesting a copy of the agreement under the cons credit act.

I have also said I would be questioning the legality of the default since it was entered as a result of penalty charges.

A couple of things that have come about lately with Citi They are making applications to courts to have cases dealt with in Salford (their HQ base) but claimants are challenging that.

They are disputing the removal of defaults,and they are also disputing having to make refunds for accounts that have been sold to Hillesden saying they already lost out and would be hit twice !!

They are selling accounts to DCAs for very little money and then Hillesden go on to hound you for the lot plus default you !!

 

Everyone faced with defaults by them should send an application for their signed agreement,and also take action over the default.

Also anyone getting recovery action letters should remind them that the account is currently being disputed so any further action in unenforceable.

[keren29]

Just phoned Richard Cooke - Compliance guy. Nice chappy. Said he could send statements out today for me and I wasn't too far down the pile for any manual intervention . Excellent.

 

Apparently Citicards are taking 'manual intervention' to mean if they have had to call a customer, so that doesn't really affect the charges.

 

He also said -even if an account is closed (mine was closed approx mid 2004) it still produces statements! Apparently mine is missing the june 05 statement -I said the account was closed wel before that!! Strange, but it was passed to a DCA in 2002 ish and I made payment to them, so that's probably why.

[MARTIN3030]

Generally I was pleased with what they sent me too........just took the whole 40 days.

I also have records of their telephone calls to me about 100 of them with only 2 being answered.

Youre lucky to be told that about manual intervention.......they are usually quiet on any aspects of this area and if its the case that they use calls to mean MI then thats a spanner in their works for 25 charges.....

[keren29]

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[pj41]

Hi Karen29,

 

Slow down!! Stop panicking.

 

Wait until you get your statements and additional info from Citi. All will be revealed where you are with them.

 

If Citi or anyother bank offer to credit your account just refuse the offer it's your money you were made to pay it to them, they pay it back to you Simple.

 

 

 

Cheers

 

 

Paul

[MARTIN3030]

The banks may have sold on the debt......but they are still in charge of the paperwork.

The fact is that its the banks who are paying NOT dcas for penalty related claims because it was the banks who generated the charges in the first place.

 

Even if you have made payments to a dca (which would give you a case for recovery)

 

Theres no way out of this for the banks.

Whatever they have taken from you in penalty charges is claimable

 

END OF !!

 

[pj41]

Agreed we should get out more lol

[keren29]

sorry guys!!!

 

Got my statements this morning -amazing that the one quick call speeded it all up so much. :grin: I'd definitely recommend anyone waiting for Citicard statements to give Richard a ring - the statements were literally sitting on his desk.

 

Well, with a £1000 limit, my end balance (before being passed to a DCA) was £1538.63.

 

The charges were £350 and only started being applied when I got over my limit . Add in the interest then charges each month and nearly all the overlimit amount is charges plus interest. The account was then passed to a DCA and defaulted.

 

One month - they charged me a £10 (yes £10!!) cash advance handling fee!!! Blimey!!!!!!! I know I can't claim that back, but that's a criminal amount!!!

 

So, I have £350 in charges. the letter from Richard Cooke says that enclosed are statements up to June 03 (I think that's what he meant on the phone rather than June 05, because it is typed rather than in the traditional statement format) and there are no statements after that as the account was passed to an external agency.

 

I'm guessing that it was sold on (and then sold on again) to the company I paid a 50% full and final settlement to. And I have the letter from the company, although there is no mention of Associates/Citicards on the letter.

 

So.......what is my best way forward? Just go for the normal prelim letter, knowing they can't refund the charges to the account? (or can they?)

 

Or.......do the normal prelim letter and add something in about the a/c being paid with a F+F settlement to an external agency and so I'd like the refund as a cheque??

 

I'm just looking to cover myself in case they decided to get smart and look to claw back some money after they sold on my account.

 

This has been a dormant CC since June 03, I thought it was closed, so it's not as if I'm going to be using it again.

[MARTIN3030]

Right ....as we said previously Citi sold on the debt and wont have rec anything back from your repayment(which presumably was Hilleseden)

 

You now have the Citi figures and you can now begin the recovery process.

Continue with a charges schedule and send out the prelim letter with that.

Send the one that covers (includes default notice)

 

If you are not in rec of your credit file get a copy.......Hilleseden normally issue info to all 3. experian equifax and mycallcredit will cost you 6.00 but worth it.

Send the cca letter with 1.00 to the dca who took the money from you and request that info as well.

 

So on with the claim and on with trying to sort out the default

 

[keren29]

okey dokey - I'll do the prelim letter now (along with the default bit)

 

I have my file - I managed to get thedefault removed from equifax a few months back, but experian andmycallcredit still have it on there.

 

I never dealt with a company called hillesden - it was First Credit, and the Faculty Trading.

 

I'm not sure which the cca letter + £1.00 one is - do you mean the dca letter?

 

I did find a thread recently about getting the default removed by writing and sending a £1 p/o, so I'm going to look at sorting that as well.

 

Phew.

[keren29]

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[MARTIN3030]

here is a linkhttp://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

 

With the credit card reference agencies there is no charge to have entries corrected and you should contact these 2 others to get that done.

 

I have challenged the 10.00 cash charge as back in 2001 that was a lot !

if they want to deny it then thats fair enough but I am still gonna try.

 

The letter in the thread above can be customised so you can delete or add bits to suit.

 

hope thats ok 4 you !!

[keren29]

LBA sent

[keren29]

Had a letter from the Chief Exec Office. Doesn't say if it is in reponse to my prelim or lba. Sent to my old address!! Even though everything has my address of the last2 years on it! Luckily my ex passed it on rather than dumping it.

 

It's a brief letter -

 

they will acknowledge all complaints within 24 hours of receipt.

 

Provide a full written update within 5 working days

 

80% of all Section 75 claims to be remedied within 21 days, subject to verification.

 

This was from Claire Morrissey.

 

Am I re-claiming Section 75 charges?

[MARTIN3030]

Dunno what they mean here........my understanding is that section 75 is where you might buy something with your card......and if its faulty they have to refund the costs.

[keren29]

I've come home to another letter from them (sent to my current address this time!) saying that they need another 14 day as they are 'experiencing a delay in retrieving the information to address the issues raised'. Again from Claire Morrissey.

 

I think my mcol will be going in long before the 14 days are up!

[MARTIN3030]

If the time is up then you are free to proceed

Dont let them get away with more time !!

 

[keren29]

My claim will be going in Tuesday. I can't see them refunding me before then, but I'll give them the chance

[keren29]

If there is no refund waiting for me when I get home from work, there'll be claim going in tonight!

[keren29]

No refund funnily enough.......

 

Claim issued today online for £375+ £103.77 .

[MARTIN3030]

well done