Citi Refusing to send copyof CCA

[BigBadCAGBagger]

They are telling U porkies BIG time star scream!!!

 

Yes, they are

 

 

They are currently in DEFAULT, having NOT provided U with the legally prescribed Doc within 12 Working Days of receipt of your £1 CCA 1974 Request Letter.

 

Yes, technically they are in default, but they will accept it only if you tell them why.

 

U can now legally suspend ANY payment to them re: The 'alleged' debt...

Again, only if you can state why their response is wrong and that you dispute the debt.

 

 

Just hang on for another Calendar Month from this NEW date + the 'alleged' debt will become UNENFORCEABLE.

 

They will also then be deemed to have committed an offence + liable to a level 4 fine...

 

 

...

 

 

Do you know of any cases where they have been fined MTM?

 

Unenforceable until they produce it in court and then it becomes enforceable.

 

The crux of the matter is this. Citi are hiding behind the regs, but have misquoted them to you (actually omitted parts):

 

(from STATUTORY INSTRUMENTS 1983 No. 1557 CONSUMER CREDIT The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 )

General requirements as to form and content of copy documents

3.-(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instru­ment or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and

 

Section 3, subsection 2 a is what he is attempting to hide behind, but he hasn't told you about is that this only relates to the signatures and other personal information (like household income, other cards etc) that isn't required by the act. This provision is put in here to make sure a credit card supplied with a copy of the agreement (i.e. section 85 of the Consumer Credit Act 1974) isn't sent with the cardholders signature on a document sent with it.

 

You need to send a reply back to them with a big heading on it 'Account in Dispute' and basically tell them that you do not accept their interpretation of what is required by a s78 request and that their response has fallen foul of the Consumer Credit Act 1974, the SI 1557/1983 and the SI 1553/1983 regulations and that if they do not provide you with a copy of the information you have legally requested you will be witholding payment until such a time as they have complied. Add something along the lines of you will be reviewing your position as this matter drags on and will consider taking legal action to give Citi an opportunity to explain to a judge exactly why they believe they have complied.

 

Somewhere there is guidance from the OFT that states they cannot supply you with what they have to comply with the act.