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Cabot claimform - citi card subject to identity theft.


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we own a rental property and the ex tenant obtained a few credit cards in my wives name.

 

I have written to them and had a few replies where they gave us a copy of the signed agreement,

we replied enclosing a copy of my wives signature obtained from her passport and driving license.

 

one company had already obtained a charging order,

we went to court and had it put aside

but were criticized by the judge for taking so long,

in fact we were treated like criminals, (GUILTY) PROVE YOURSELF INNOCENT,

we even had cost against us for the set aside hearing £600.

 

We have been given two weeks to file a defence,

with the judge saying we need this that and the other,

they have been given 14weeks to come up with the signed agreement.

 

The help I am looking for is what should our defence be I want to make this simple,

I was thinking along the lines of The signatures do not match so no agreement exists between the parties,

 

 

It seems like an ID fraud and should be treated as such and passed onto the police,

what do you think with the correct worded letter they may skip the court and agree with us.

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Have you been to your local citizen advice centre to see what advice they can give? I think this is a case of fraud and you should tell the police.

 

 

C/A advised abbreviated ask for signature show yours don't match the end

Went to police they said inform Credit card company they investigate this type of thing, It stems from a Barclaycard informed them and they said the debt is not with them anymore and to contact Cabot who now own the debt

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:eek: That is a lot of money, so you say that all this happened without you knowing? how long was this going on for without your knowledge?

 

 

Yep this has happened between 2002 and 2006 we were working overseas

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There you go, if you can prove that you should have a very good case. Have you been to see a solicitor about this?

 

I am not worried about proving it

I am sure I can do that

but I am not the police,

 

 

I did not sign the agreement so why should I have to spend hours and hours £ after £ proving something when they do not need to prove anything

I dont get it,

it seems Company x can go to court and say Mr y owes us z amount of money and the judge says ok here's a court order.

 

Yes I did the crook wanted £175 per hour plus vat

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I can understand your feeling of frustration as I am too going through some pretty #### up #### myself at the mo. But you are in a better position than me to fight, and I know its pain in the #### having to spend time and money to prove your innocence, but there are a lot of bad people out there who do a lot of bad things.

We just are left to deal with it and get on with it. I am sure someone will be along soon to give you better advice, I can offer you my support and wish you luck.

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If person x applies for a credit card and fills in an application form but fails to sign it, and a card is granted is the debt enforceable.

Or do we have a no signature no agreement policy.

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Hi Herbie,

 

Was this an online or a paper application ??

 

Have a read of Stevens guide here :-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

If you applied online and ticked the ''agree'' box, it is probably enforceable :(

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

ERRM, what letter :)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Standard cow poo from Citi. You can take it that they don't have a copy of your agreement and have sent you a "copy" of what it looks like.

 

I take it you have CCA'd them. It may be well worth a SAR instead.

 

If you could paste up the alleged agreement, I need cheering up :).

If you haven't sent the A/C in dispute letter, it's time to do so.

Oh and do a formal complaint to them.

What's the betting they will now flog the account on to one of the ever so friendly DCA's:rolleyes:

 

fox

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thats the funny part they have never sent me CCA I requested that back in July 2008 and never got a reply.

 

Then I get a letter from Judge & Priestley who had been instructed by Connaught Collection uk ltd.

you know the type pay in full to avoid court action blar blar.

 

I sent them a copy of the letter, postal order and signature that I had sent citicard,

I then got a nice letter back saying they were no longer involved in this dispute and had passed it back to citicard.

Then I got that letter today

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Well, I would be writing back and saying that until citi provide a document bearing your signature and the prescribed terms and conditions, the account is in dispute and you will not make any further payments until they comply with your legal request.

I'm beliggerent enough to say that if they feel they have complied then take me to court

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 4 weeks later...

Completely fails on legibility therefore completely unenforceable if signed before 2007.

 

Even reading between the blobs there appears to be no hint of any prescribed terms, so if that is all they sent they are stuffed.

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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