ihpj vs. Citi Cards - court paper received -claim struck out!! now what???

[ihpj]

** URGENT **

 

I have received a Default Notice from another Lender I am in dispute with, could The Gurus PLEASE take a look at my thread here:

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/172280-ihpj-natwest-cards-cca.html

 

...and lend any assisatnce? Thank You!

[Enron]

Typical Citi response, and i'm sure one that the OFT would find interesting, especially in light that you have made the CCA request.

 

Gonna PM you in a moment.

 

I would write to Citi, enclosing a copy of your original CCA request - stating that you have contacted the Office Of Fair Trading.

[the_shadow]

** ADVICE **

 

I have read their response but it has left me confused, especially their third paragraph. Have they confused my account correspodnence with someone elses? Not sure if the two sentances in parenthesis is a quote from my 'alleged' correspodnence if they are quoting legislation?

 

The second page however is VERY interesting as, in their original correspodnence (see post #35 on this thread) they tell me s(78 ) of the CCA does NOT APPLY not apply to them - but here they CLEARLY advise me to use that part of the legislation to get hold of the required infromation and CLEARLY invite me to do so...I wish they'd make up their minds!

 

So I am not sure what to do. Advice/Guidance/Thouhghts invited please!

 

I'm as bemused as you are with this, read it and thought you must have been asking for them to terminate the agreement without paying or some other extraordinary request made to alter the original terms and conditions.....

 

Then I read your letter to them and see its a bog standard S78 request after they've sent t&c.

 

That letter is clearly someone with a superiority complex:), mind you I think he's found the perfect employer with Citistank

 

PmW

[Enron]

Attempt at trying to confuse the account holder if you ask me, i've seen these tactics previously from Citi.

 

Though having just had a word with "ihpj" I think its something that they could live to regret.

[ihpj]

** ADVICE **

 

I have drafted the following in response to Citi - tried to keep it less mystifying than their response - input invited please!

 

----------

 

Denise DRAKELEY,

Customer Relations Advisor,

Citi Cards, Citi Financial Europe PLC.,

PO BOX 49930,

LONDON.

SE5 7XT.

 

 

Dear Denise,

 

RE: [Ref. #]

 

Thank you for your correspondence of 20th February 2009 that I have read and noted with some interest.

 

Whereas I shall endeavour to refrain from using the same disparaging tone and confrontational comments that you have sought fit to direct towards me, I feel that it would help matters greatly if you were to read my correspondence of Monday 8 December 2008 and Citi’s own response of 17th January 2009, because it would have been apparent I have already requested this information, information that you yourself agree I am legally entitled to ask for, yet you have failed to provide me to date. Consequently, Citi Financial Plc. have committed a breach under the Consumer Credit Act 1974 and said breach continues until you satisfy my correct and legal request.

 

I have, as previously advised, referred your serious and continued breaches to the relevant authorities and upon taking Legal Advice am now considering my options to resolve this matter once and for all. I therefore reserve the right to instruct a Solicitor; and should this become necessary, and in line with the principles of the Civil Procedure Rules, will ask you supply me with any and all documentation you would rely on in Court to substantiate your position.

 

 

 

Yours faithfully,

 

[Printed Name]

 

----------

Edited February 28, 2009 by ihpj
typos!

[Enron]

Sounds good, I would advise enterring the details I said about regarding your employment.

[ihpj]

Sounds good, I would advise enterring the details I said about regarding your employment.

 

I didn't want to say on an 'open forum' mate Also I thought I'd keep that one for the next set of correspondence where I think I shall make a formal request under the CPR rules as advised.

 

Double-Whammy methinks?

[Enron]

Theres definately something up with their agreements, whilst it is possible they could produce a perfectly compliant one - the very fact that they are being evasive in not producing copies says something.

 

If it is anything like the one I received via trading standards 9 months after my orignial request they appear to have only one side of the older agreements (1990s agreement) - and that one side has issues that would make the enforcability of it very difficult if taken to court because of headings and so forth even if they had both sides.

 

Would be wiser to just provide agreements than try and mislead customers with varied Terms & Conditions - but then again if you want to unlawfully pull the wool over your customers eyes contrary to the law, credit act regulations and your own internal code of conduct in the hope of maintaining payments then I suppose thats the way to go. Its all a case of greed!

Edited February 27, 2009 by Enron

[ihpj]

** UPDATE **

 

I will respond as per Post # 55 and look to strengthen my response with time because I now expect them to issue me with a Default Notice - but based on their previous behaviour, they may have already sold the aco**** to a DCA. So time will tell!

[ihpj]

Have been meaning to psot this up for _AGES_ but never quite got round to it - until today - Enron, this one is for you Buddy:

 

http://www.frontiers.plus.com/citi2.jpg

[the_shadow]

Have been meaning to psot this up for _AGES_ but never quite got round to it - until today - Enron, this one is for you Buddy:

 

http://www.frontiers.plus.com/citi2.jpg

 

haha oh dear... citicard = wriggling worm

 

In my SAR response they quoted data protection allows them to copy the info from an application and present to me in a different format. They just dont want people to see these agreements do they:mad:

[Enron]

Time to contact your MP, and get him to get in touch with the head of the Office Of Fair Trading.

 

Also submit a complaint, enclosing a copy of this yourself to the OFT.

[ihpj]

Time to contact your MP, and get him to get in touch with the head of the Office Of Fair Trading.

 

Also submit a complaint, enclosing a copy of this yourself to the OFT.

 

Just wanted to clarify that when approaching the FoS, they have advised me that they are not yet able to investigate this matter until I have received a final response to my 'complaint'. My MP is totally useless and I am reluctant to involve her

 

It is not a question that I do not wish to follow your advice, just that our MP is such a plank, that I doubt I could get her to grasp the situation sufficiently for the better.

[Enron]

Dont think its too complex an issue, you are legally entitled to request a copy of the agreement you original signed i.e. executed agreement, if a creditor does not honour or properly complete this request they are not entitled to enforce the agreement against you until they do.

 

You are not attempting to escape any duties conveyed on you, just to see the document to have a copy for your records and ascertain whether it is legally compliant and properly drawn up.

[ihpj]

** URGENT **

 

I have received a Default Notice from another Lender I am in dispute with, could The Gurus PLEASE take a look at my thread here:

 

ihpj vs. HFC (CCA Request) - My Contribution

 

...and lend any assisatnce? Thank You!

[ihpj]

** UPDATE **

 

Have been meaning to post this up for the last couple of days:

 

http://www.frontiers.plus.com/citi3.jpg

 

Its not even a threat-o-gram that I was expecting, however I guess this is their last ditch effort before they 'get nasty' (yeah, right!). I'm going to guess they will now 'default' me - no doubt issue a defective DN like the others - and then terminate the account.

[Enron]

Standard procedure for them, and definately good reason to make a complaint to the OFT and get your MPs involvement if you havent already.

[ihpj]

** UPDATE / ACTION **

 

Have received the following from 'Crapital Collections Agencies' this morning:

 

http://www.frontiers.plus.com/citi_dca_1.jpg

 

Nothing surprising, fully expected. I would like to see them try ANY enforcement action ... . Have replied as follows to these monkeys:

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/172280-ihpj-natwest-cards-cca-4.html#post2086695

 

Sent 1st Class Recorded - wait for the next one.

Edited September 24, 2009 by ihpj
Linky Made Worky Now

[the_shadow]

I seem to be on the same timelines as you ihpj, had the crap collections agency letter yesterday.

 

Giving me 72 hours to respond! shock horror

 

S.

[ihpj]

Just one interesting point here folks; reviewing my file on Citi - they are the only Lender who has yet to give me a 'final response' [to my complaint] and serve a Default Notice (we know it is going to be defective given the track record of the other Lenders)...but they have already got a DCA involved...yet more shenanigans from them?

 

Last contact from Citi (or otherwise) is shown in Post # 66 above.

 

I'm hoping others who have been down this road with Citi can comment please?

Edited April 24, 2009 by ihpj
Spelling.

[the_shadow]

Just one interesting point here folks; reviewing my file on Citi - they are the only Lender who has yet to give me a 'final response' [to my complaint] and serve a Default Notice (we know it is going to be defective given the track record of the other Lenders)...but they have already got a DCA involved...yet more shenanigans from them?

 

Last contact from Citi (or otherwise) is shown in Post # 66 above.

 

I'm hoping others who have been down this road with Citi can comment please?

 

Crap collections is the in-house DCA, so they dont need to terminate or default at present AFAIK.

 

S.

[ihpj]

** UPDATE **

 

Have heard NOTHING back since I posted by BOGOF letter to their in-house DCA. Will post back regularly to keep this thread up to date. Many thanks for everyones help/contribution/support!

Edited May 7, 2009 by ihpj
Linky in post #68 now worky

[adventuras]

Just like to say a thank you to all of the people on this thread, I've been shadowing the content for some months now and sending letters to Citi, Halifax and MBNA in pursuit of a CCA.

 

My citi responces have been almost identical to yours ihpj and like your experiance they have acted quite different to the others.

 

I have to say they don't even bother to telephone me anymore but are piling on the charges to the account and confirming to me that I'm not paying them??? although they never acknowledge the letters that I have posted to them (Strange wonder why....)

 

I contacted FOS who are less than interested, their reply to my complaint was to say that its nothing to do with them and to go have a chat with TS. I telephoned TS and they said its nothing to do with them go and talk to CAB and FOS.

 

Clearly the civil servent desk jockeys don't want to get involved (or their just plain lazy) which means these loan sharks can get away with what ever they want too.

 

Sorry guys, Rant over, just gets a little stressfull

 

thanks again for all the helpfull advise

[ihpj]

** ADVICE **

 

Hi Folks! I would be obliged if y'all could have a browse to this thread of mine to offer up advice please:

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/172280-ihpj-natwest-cards-cca-5.html#post2150964

 

Many thanks ...

[ihpj]

** UPDATE **

 

No update on this thread; have yet to hear anything further.