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Citi Card CCA? HELP PLEASE!


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Hi,

 

I was wondering if any one could provide me with some advice regarding my situation with Citi, is what they have said in their letter correct?

 

On the 19th of January i sent off a request for a true copy of my CCA using a template from this site. I have recieved this response with a copy of credit card agreement regulated by the consumer credit act 1974. The copy is a generic copy with no reference to myself in any respect, i do not feel that this is a true copy of the original that i signed.

 

Can anyone help me please?.

 

THIS IS THE LETTER I SENT to Citi: Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

i am unable to upload the original, i scanned it but i think as it is a pdf i cant get it to open. i tried pasting it to word and uploading but still no joy.

 

this is the letter:

 

10 february, 2009

 

Thank you for your recent request for information. We regret to inform you that section 78 CCA 1974 does not require CitiFinancial to provide you with a copy of the executed agreement as you appear to believe. It requires CitiFinancial to provide you with a "copy of the executed agreement" as defined by the consumer credit (cancellation notices and copies of documents) Regulations 1983. The obligation to provide you with that document is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue or issue of their card, being printed on the card carrier.

We enclose a copy of the terms and conditions for your account. This is an industry standard document and conforms to regulations. we set out below a summary of the same for your information.

 

180 Power to prescribe form etc copies.

(1) Regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act, and may in particular-

 

(a) require specific information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy;

(b) authorise the omission from a copy of a certain material contained in the original, or the inclusion of such material in condensed form.

 

The consumer credit (cancellation notices and copies of documents) regulations 1983 make it clear at reg 3 that the "copy executed agreement" is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit ceertain information including any signature box, siganature, or date of siganture.

 

your sincerely

 

DATA REQUEST TEAM

 

Ater i have written it out i think i have cracked it. possibly a copy of the original letter: Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Any help would be much appreciated, many thanks and kind regards in advance.

Edited by dandoogle
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Are you intending to ask them for charges to be refunded?

 

Read this;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No i am not. i just wanted to assertain whether or not the agreement is enforceable. Although i am getting charged all the while as i can no longer afford the repayments. Have i shot myself in the foot by sending the letter i did? I have read the link but dont want to send another letter that will get me the wrong result, should i just ask that they disclose a true signed copy of my CCA under the civil proceedures rules part 31.16?

 

Also i forgot to say do i need to send another £1 postal order?

 

Thanks again

Edited by dandoogle
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As Citi are not providing valid s78(1) CCA responses, civil procedure rules might be the way to go.

 

I know in the instance that it goes to a court if they dont comply it could get very hairy for them.

 

With regards to Citi continuing to enforce agreements whilst s78(6) is active, they dont care, i've PM'd you some details that might be handy for you.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hi, can you do me a copy of the letter including the date - if you want blank out your details, bank account, reference number.

 

PM it to me if you want. Just sent a message over to you.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hi, just info that I would rather not have open on the forum as we have it confirmed that Citi employees are monitoring this section of the site.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Never wise to break your own companies code of conduct, which Citi have done in relation to CCA requests in addition to the laws under the Consumer Credit Act, credit act regulations, banking code, and OFT guidelines.

 

God, all we want is for our banks to treat us fairly.

 

1.jpg

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Never wise to break your own companies code of conduct, which Citi have done in relation to CCA requests in addition to the laws under the Consumer Credit Act, credit act regulations, banking code, and OFT guidelines.

 

God, all we want is for our banks to treat us fairly.

 

 

hahaha I cant wait to quote that in letters I write to them :D:D:D:D:D

 

Thanks for the info yesterday.. I'm still digesting the best way forward and have about 20-25 days breathing space before next payment due to make a decision.. information was very handy/informative though.

 

PmW1971

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DanDoogle

 

If after the rubbish response your thinking of sending them a SAR, I'll let you know what I get back, I ensured I specified contracts/agreements in the request but I'm not holding out much hope.....

 

Its due to default after the 3rd March so I'll let you know if you like.

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The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I think the way forward with these claims is a CPR 31.16 request, though this has to be done through the courts which will obviously incur a fee - you just can't send it directly to them.

 

With reference to your subject access request, if you have requested a copy of the executed agreement in it they can legally send you a printout of information on the document as they did in my case. Though you have to question why they would go to all the trouble of typing it out, rather than just doing a direct copy.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Guest dvdriley
I think the way forward with these claims is a CPR 31.16 request, though this has to be done through the courts which will obviously incur a fee - you just can't send it directly to them.

 

With reference to your subject access request, if you have requested a copy of the executed agreement in it they can legally send you a printout of information on the document as they did in my case. Though you have to question why they would go to all the trouble of typing it out, rather than just doing a direct copy.

 

you could try this:

 

Dear Sirs

 

I confirm receipt of your letter dated . You seem to have totally ignored my previous letter dated a copy of which is attached.

 

Therefore, assuming you have no intention of dealing with my questions asked you will please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s):

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract at the time the contract was allegedly agreed should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

 

 

 

 

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully,

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Give it a go and see what happens.

 

But think that any CPR 31.16 request being made by order of a county court adds extra weight, in as far as much that Citi would encounter serious problems if they failed to comply or give adequate explanation as to why they havent.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Give it a go and see what happens.

 

But think that any CPR 31.16 request being made by order of a county court adds extra weight, in as far as much that Citi would encounter serious problems if they failed to comply or give adequate explanation as to why they havent.

 

Its just my feeling, but I think if a court can see you have tried to reduce the wasted time and effort on their behalf by asking outside of the court system first on the basis that yes if they didnt reply you would go through the court systems.....it would add weight to the claim? or am I being overly optimistic?:confused:

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Yep, that said I am told that the hearing to get the order made will incur very little time to the court.

 

I've been battling away to try and get Citi to comply with the s78(1) request for the best part of a year, in which time they have continued to add interest, penalty charges, update my credit file and default me - so maybe better to act faster.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hello Amanda!

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Yes I saw Amanda too.;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Amanda the Citi employee, just looked at how long she was logged in most recent - one was for 14 hours, the other for 12 hours, very understanding employer either that or forgot to log out.

 

That said we've always known they were here, just keep focused, got to PM about correspondence I got today as well Martin.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Yes following on to what Enron said-when you fill out the N244 asking for the CPR31 to be issued tick the box which says Without a hearing.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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