Help Please re: CCA decision

[car2403]

Good morning Mr & Mrs Z,

 

Your best course of action now is to report them to Trading Standards and the OFT for non-compliance with your CCA request as soon as they ask for payment (you need to let them break the law as evidence for your complaint ). This can be achieved via consumer direct:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Make it clear that you're complaining under the new Unfair Commercial Practices Directive which is part of the CPUTR 2008.

 

Posted at the same time, BB

 

While what you've said is probably the correct course of action, it will take too long to complete and the DN will have expired by the time it's all over.

 

Prevention is better than cure, IMO.

 

[babybear39]

Ok, do both...

[Misterzeus]

Good morning babybear and thank you for your reply and in addition to car 2403’s kind response will do as you advise. Citi Cards has acted most unfairly by not responding to complaints made by DH in a timely manner, if at all. The ultimate insult was sending Power2Contact to our door not once but twice after DH had informed them using the “doorstep” letter and also informing them that he has PTSD as a medically diagnosed condition.

 

As far as I can see, they have broken the law by way of the Default letter haven’t they?

 

Thanks very much for your help, much appreciated

 

Good morning Car2403 and thank you for your reply.

 

Yes, I understand the irrelevancy of the CCA Default should they find the agreement, but they are out of time and it is surely indeed they that are now in default by not complying with said request?

 

Citi Cards have been sent the CCA request because they have treated DH abominably and after initially agreeing to accept a token payment plan then proceeded to renege on this and refused to accept his token payments made each month (but still took the payments). Also the aggressive DCA tactics used, which Citi are ultimately responsible for.

 

TBH, DH isn’t trying to avoid paying back his debts, but when he has been treated so badly, he will not make it easy for them!!

 

Thanks very much for your help, much appreciated

 

 

citizenB, typed copy of the Default Notice is below

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

Dear Mr Z,

 

Account Number ***************

 

Default Notice served under Section 87 (1) of the

Consumer Credit Act 1964

Clause 3 of the terms and conditions of your credit card agreement number *************** between Citi Cards and you, requires you to pay the minimum monthly payments within the period stipulated in your statement. You are in breach of this term because you are in arrears with your payments under the agreement.

 

To remedy this breach you must pay the outstanding arrears of £.. by 25/07/2008.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN, NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION MAY BE TAKEN AGAINST YOU.

 

If you do not remedy this breach, we may commence proceedings in the County Court to recover these sums outstanding, together with allowable legal costs.

 

It is our normal practice, where a customer has been in arrears for at least 3 months, to register a ‘Default’ with credit reference agencies. This may adversely affect your ability to obtain credit in the future. If the account is brought up to date, or any agreed arrangement made on more than a temporary basis, the default will be removed.

 

Please note that it is our policy to sell some accounts that are in arrears to a third party and we reserve the right to sell your account to any such third party, which will be entitled to collect the sums due from you.

 

IF YOU HAVE ANY DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR ARE TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE, FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS’ ADVICE BUREAU.

 

In the meantime, if you have any queries relating to the amount you owe, please call one of our advisers on 0870 909 4431**. Lines are open etc

[car2403]

Being in Default of your request will not stop them Defaulting you, I'm afraid. Yes, it should, as they can't enforce while in Default, but that ultimately means they can't enforce via the Court - there's nothing stopping them Defaulting the account now. All this will mean is that you need to pursue them for Default removal as well as having an unenforceable debt, but it means you have to suffer the consequences of being Defaulted in the meantime.

[citizenB]

I understand what you are saying car2403, however if the Default notice isnt even prepared properly..shows just what a shower this group is.

 

I find it amusing they refer to a clause that you cant confirm is correct as they havent sent you a credit agreement. Some of the text should be underlined and they havent given you the correct amount of time to remedy the so called breach.

 

I agree with the posters above, time for a Trading Standards complaint. ONce you have sent off your complaint, advise Citicards that you have done so and then when TS send you a reference number, let Citicards have that as well so they know you are serious.

[citizenB]

Mrs Z, you might want to have a read of a couple of pt2357 posts on the thread below regarding defaults and how they should be presented. posts 324 and a couple more after.

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/119668-lba-optima-leagal-services-18.html#post1617533

[Misterzeus]

Thanks car2403, I think I get your point

 

Thanks citizenB, a star as always!

 

I will take a look at the thread that you have kindly posted

 

I spent most of yesterday getting the FOS complaint together re: Amex, still have a bit to do, but getting there. Our aim is to get all three (Citi, Amex and CCJ defence for Co-op) off in the post tomorrow. Probably by the time that's done, a few fresh ones will be arriving - oh what fun we shall have!!!!

 

Thanks again

[citizenB]

Thanks car2403, I think I get your point

 

Thanks citizenB, a star as always!

 

I will take a look at the thread that you have kindly posted

 

I spent most of yesterday getting the FOS complaint together re: Amex, still have a bit to do, but getting there. Our aim is to get all three (Citi, Amex and CCJ defence for Co-op) off in the post tomorrow. Probably by the time that's done, a few fresh ones will be arriving - oh what fun we shall have!!!!

 

Thanks again

 

 

Whilst you were doing those, you werent getting into any mischief.

[Misterzeus]

I wish!!!

[citizenB]

I wish!!!

 

:lol:

[Misterzeus]

Hello Mrs Z here.

 

We have sent off a big fat complaint to FOS regarding Amex, the letter to Ms Snotty Nose at Amex advising her of this fact (thanks ScarletPimpernel for the template) and the complaint letter to Citi Cards.

 

The proverbial s*** should hopefully be hitting the fan today or tomorrow.

 

I will update on progress as and when, thanks every one who has helped

[citizenB]

Hello Mrs Z here.

 

We have sent off a big fat complaint to FOS regarding Amex, the letter to Ms Snotty Nose at Amex advising her of this fact (thanks ScarletPimpernel for the template) and the complaint letter to Citi Cards.

 

The proverbial s*** should hopefully be hitting the fan today or tomorrow.

 

I will update on progress as and when, thanks every one who has helped

 

 

Do I get the impression you are enjoying yourself Mrs Z ??

[babybear39]

Do I get the impression you are enjoying yourself Mrs Z ??

 

I got that too

 

Go get 'em Mrs Z

[Misterzeus]

Hi citizenB,

 

Don't know that 'enjoyment' is the word, but the thought of Amex's Ms Snotty Nose throwing all her toys out of her pram does give me some satisfaction

 

I've been a tad impatient and checked the Royal Mail website to see if they have all been delivered, 2 out of 3 aint bad!!! FOS complaint delivery isn't showing yet.

 

babybear, too right!!!!

 

I was just re-reading through your thread re: The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). surely Mr Z can send a complaint to TS regarding Citi Cards now and not have to wait for them to demand payment again? The Default notice they have sent recently is a demand for payment surely???

[babybear39]

IMO I would see it as so. TS may veiw it differently but it's worth shot.

[babybear39]

Issuing the default notice could be viewed as pressure to pay

[Misterzeus]

Thanks babybear , I'll give it a couple of days to see if I get anything from them or their ilk first, but am itching to get a complaint off on behalf of Mr Z! I am wicked, but then I have a perfectly valid excuse - I am menopausal!!!!!

 

Omg, that makes me feel soooo old!!

[babybear39]

Hehe...I know what you mean

[Misterzeus]

[citizenB]

Thanks babybear , I'll give it a couple of days to see if I get anything from them or their ilk first, but am itching to get a complaint off on behalf of Mr Z! I am wicked, but then I have a perfectly valid excuse - I am menopausal!!!!!

 

Omg, that makes me feel soooo old!!

 

 

:D

[babybear39]

:D

 

Oi, stop poking fun at the 'old' ladies

[knoxvillain]

I hope you're patient, took FOS 5 months to get round to starting to look at my complaint.

[Misterzeus]

Gee thanks babybear!!!! I didn't feel that old but i do now!!!!

 

knoxvillian, thanks but the longer it takes the FOS to sort Mr Z's complaint out, the longer it will be before Amex can act on it (if at all) as it is in dispute

[knoxvillain]

true

[babybear39]

No worries Mrs Z...I'm only 40