Citi Card lollipop73

[lollipop73]

I have actually combined the two letters, there are some excellent responses in them both.

 

I am going posting it in a minute.

 

 

Having read more on the citi issue, it seems predictable that I will have to CPR them and start digging the trenches for a very long protracted battle.

 

 

I will be getting in touch with the MP and all the authorities-but what I don`t understand is why the OFT and the rest won`t actually DO anything. Looking at the desperate circumstances of some people who come here for help, I`m left wondering -what a shower of sh***! Who are they here to protect?

 

 

As far as Citi doing the right thing for once, and seeing some of the cases on here, I won`t hold my breath.

[Enron]

I will be getting in touch with the MP and all the authorities-but what I don`t understand is why the OFT and the rest won`t actually DO anything. Looking at the desperate circumstances of some people who come here for help, I`m left wondering -what a shower of sh***! Who are they here to protect?

 

The OFT are the regulator so won't get involved in individual cases, however apply enough pressure and you might just be surprised especially if a creditor is behaving incorrectly and unfairly.

 

Citi's priority is the bottom line, though I will be PMing spomfret aka amanda (the Citi employee) to see if she will help in getting her company to do the right thing - I wont hold my breath though.

[lollipop73]

Okay, I am out now to show the letter I am sending to my Mum-in-Law, have changed the To.....part for MP, FSA just thinking-perhaps a copy to Citi ( and Vanquis on this issue) might get them to recognise the issue-or am I being optimistic?

[Enron]

It certainly wouldnt harm to contact both companies in writing to request their help, that way you have a copy of written correspondence you sent instead of verble requests for help.

 

I would mention the banking code and outline the parts of it that state helping someone in financial difficulty.

 

If the people that read the mail have a decent bone in there body they will hopefully do the right thing.

 

Leave the CCA paragraphs out, you've sent them, they haven't complied, you know that, they know that.

 

Sending you a PM in a mo.

[lollipop73]

Hi again, still no word from Citi, and just wanted to pop on here the links to her other cards in case anyone could help with those too.

 

 

She does have quite a few, but please bear in mind they were applied for a long time ago and up till now ( when her money has run out) she paid them faithfully, it is because she was widowed and her husband was sole provider that she is struggling now.

 

http://www.consumeractiongroup.co.uk/forum/store-cards/187172-vanquisvslollipopsmuminla-w.html

 

 

http://www.consumeractiongroup.co.uk/forum/store-cards/187169-creationvslollipopsmuminl-aw.html

 

http://www.consumeractiongroup.co.uk/forum/store-cards/187166-m-smoneyvslollipops-muminlaw.html

 

 

Just wondering about going down the CPR route rather than SAR as they don`t appear to be sending out anything reliable with the SARs anyway.

Edited March 3, 2009 by lollipop73

[lollipop73]

Mum in Law has had a letter saying they want to send a representative round to discuss etc etc etc-and she is understandably concerned because I won't be there to deal with them. I have told her to tell them to go away and if they don't she will ring the police, but I think she would feel better if she had something like a letter she just gives them at the door when they come. TBH I am a bit alarmed now, because I know she will just let them in without something to back her up-if I happen to be there then that's great-but if I'm not-which is likely to be the case..........................

 

Besides-the police aren't overly keen on coming round even when you have been burgled so I don't hold out much hope.

[Enron]

I wouldnt be keen on her talking to anyone, not least without anyone present.

 

It almost seems that they are attempting her to take advantage of her situation, forwell knowing the circumstances. Quite frankly she can't pay anymore that she can afford.

 

From the point of view of doorstep collection, normally they are used as an intimidatory tactic.... why send someone round when this can all be done via letter. It maybe that they are just using it to pressure here.

 

I think you definately need to get trading standards involved, and if they dont want to get invovled, get your MP to pressure them into doing so.

 

Doorstep visits can only be made via appointment, no doubt this is what they are angling for and require the property owners permission to be present under common law. Remove the common law for them or their agents to visit and they commit trespass if they do venture onto the property.

 

If you want I can have a look for someone who is clued up on this for you.

[clemma]

I have a letter you can use - send it to them as well if you wish, but keep a copy by the door just in case (on the unlikely event they do show up). Then all you have to do is give them a copy and shut the door

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

[MARTIN3030]

Its time to take control and put Citi in the picture.Perhaps you should now be looking to appoint yourself her representitive to deal with this.She has no obligations to have matters dealt with by home visits,and its already been made clear that any business should be conducted in writing.

Their actions are intimidatory and breach OFT guidelines.

I would even consider power of attourney in this matter-its quite straightforward to do this.

[lollipop73]

Hi All,

 

I just need to ask one more question-in order to get her to make me her representative when dealing with any and all matters, how do we get round the fact that to do so she will need to sign a letter, can she do one of those digital signatures?

 

 

 

I have printed off a small stack of letters for her to keep by her door should anyone actually call and got some promises off various family members to try to be there should she get one of those notes that says-'we'll be round at such a date and time' just incase.

 

 

I'd like to thank you all for this help, we appreciate it a great deal.

 

 

edit-sorry meant to add I have sent them the letter about no doorstep calls, and she has changed her telephone number.

[Enron]

The likelihood that you'll actually get a doorstep visit is very narrow. I think they are more used as a scare tactic.

 

That said to prepare your mother-in-law to the possibility is probably a wise move.

 

Signature wise for you to be her representative, you could always put crosses through it - or alter it slightly as it could not be copy and pasted.

 

That said should they be unwise enough to court to court on the basis of a forged document, they could get into a hell of alot of trouble.

 

My guess is that eventually Citi will default the account, and sell it onto 1st Credit as appears to be their procedure at present.... when that happens get in touch with me, its quite easy to contend with especially where a clear dispute is involved.

[lollipop73]

Will do, many thanks.

[MARTIN3030]

Whats happened with Hillesden Enron ? traditionally it was them who took on assigned ex citi accounts.

Although maybe they go to the highest bidder these days .

[MARTIN3030]

1st,Credit have had their knuckles well wrapped by the regulators recently....I cant imagine that any involvements with Citi will do them any favours to make ammends to the OFT and FSA

 

 

 

Newsroom

 

Press releases 2009

 

 

OFT imposes requirements on 1st Credit over debt collection practices

 

20/09 25 February 2009

The OFT has taken action against 1st Credit Ltd requiring the company to improve its debt collection practices.

The OFT has imposed 'requirements' on 1st Credit using consumer credit powers, after an investigation found that some of its business processes and procedures failed to meet satisfactory standards. As a result, 1st Credit Ltd and its associated companies must:

 

• refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated
  
• not discuss legal action with consumers unless it is likely that such action will be taken
  
• ensure that sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately, and
  
• ensure that all matters of concern raised with them by the free advice sector and other third parties are dealt with appropriately.
  

1st Credit must also report back to the OFT every six months providing statistics regarding the number of enforcement actions it has taken against debtors.

Failure to comply with the requirements could lead to a fine of up to £50,000 for each occurance and/or possible revocation of 1st Credit's consumer credit licence.

In 2008, following receipt of an application to vary an associated company's licence, the OFT carried out an in-depth investigation into the business practices and procedures employed by companies operating under the 1st Credit banner. In assessing the companies' competence to carry out consumer credit activities, the OFT conducted on-site visits and reviewed complaints received about 1st Credit Ltd's debt collection practices via consumers, Citizens Advice, CCCS and Consumer Direct.

The OFT raised concerns about its dissatisfaction with 1st Credit's behaviour and confirmed that it was looking to impose requirements to improve some of the company's business practices. 1st Credit acknowledged the problems and, as allowed under the Consumer Credit Act, proposed necessary changes to address the OFT's concerns.

 

Ray Watson, OFT Director for Consumer Credit, said:

'The OFT welcomes the constructive approach that 1st Credit has taken in responding to the OFT's concerns about its activities.

'Debt collection firms have a clear legal obligation to deal fairly and proportionately with consumers. This is more important than ever given the current economic climate, when people may already be suffering as a consequence of debt problems. We will continue to use our licensing powers to take firm action to protect consumers where debt collectors engage in oppressive behaviour or practices that fail to comply with our guidance.'

[MARTIN3030]

This shows that complaints DO make a difference.

I would like to think that there would be the same enthusiasm for complaining about Citifinancial.

Theres enough evidence within these forums going back even to 2006 to show that similar action would not be a day too soon.

[lollipop73]

A quick catch up the thread.

 

My Mum in Law is doing much better now-a lot less stressed about it all, thankyou to the site team particularly Enron for being such a doll.

 

 

 

Vanquis and saga have now sent her DNs but citi haven't, still just plodding on with the bills and the reminders.

 

Still no agreement.

[MARTIN3030]

Yes was looking at Stevens replies on your Vanquis thread.

[lollipop73]

Thanks Martin.

 

 

She is on pension credits so there is very little any of them can actually do to her. She owns her own home but that I believe is safe as long as she keeps up with any payment arrangement decided by a court should they take her that far. This home has a 2nd charge on it from in the past when she and her husband were struggling.

 

 

I think a widow on a pension would put forward a good case even if she didn't know the first thing about court and it's processes. That I believe is what has helped her gain some confidence. I can't see a judge siding with a credit company in the circumstances.

[MARTIN3030]

Yes you are probably right.

I still did not get my agreement from Cabot-though mine goes back to 2006 when they were sloppy with things.

Steven said that yours looked enforceable but that he couldnt read all-may be an idea to try to make it bigger for a better look at it.

[Enron]

It might be wise checking her house insurance - normally with these policies you have the option to take out legal insurance which could be used to appoint representation if it ever came to that (normally upto £1,000,000 cover).

 

There are a few solicitors on here, one in particular is very good with commercial law and could likely point you in the direction of a reputable company, I am aware that he knows some exceptional barristers with commercial & credit act related experience.

 

Personally I think that she has taken the correct approach, letting the creditor know that she is in trouble - essentially asking for their assistance. They have ignored their obligations under the banking code in not helping or negotiating over the situation. The fact that they flat refused to help or come to a mutually satisfactory arrangement wouldn't particularly look good in front of a judge.

 

Plus we have lots of testimonies to how Citi operate, and a wide range of proven misdeads: Enron, Worldcom, Money launderring and so forth.

 

After all if it can go begging to the US government for assistance and multiple bailouts, it is pretty rich not to take a sympathetic approach to customers who likewise request assistance.