Citi card

[forstal]

In August last year my earnings decreased significantly and i was unable to keep up repayments on credit cards.I sought immediate advise and sent citi card a budget planner and eventually we came to an agreement to pay a reduced figure and stop all interest and charges.This i have been doing since Sept 08.

In January out of the blue i received a default notice asking for £3555.87 within 14 days!

I rang citicards and they said that the amount i was paying was not enough and they required 7.5 times the original agreed figure.Stupidly i borrowed that amount from my father and paid them.

This obviosly can not continue so with the advise and knowledge from this forum i cca'd them on 7/02/09,a few days later i received another default notice asking for £2142.00 (you will notice the amount owing has decreased significantly).

I received about 4-5 calls per day from them which i dont answer and then on friday they left a message at my office reception saying that i must contact by midday.I did not respond but i recieved no calls over the weekend or today so far.

Today i have put the acc in dispute using the template letter but my question is what do you think they are up to?

Any help and advise would be much appreciated.

The card is approx 8 yrs old

Thanks

forstal

[42man]

With regard to the harrassment, i'd send the letter from here recorded delivery.

 

(and please log ALL the times and dates they call)

 

Your Street

Town

City

Postcode

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of the Protection from Harassment Act 1997 and CPUTR 2008

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

[forstal]

Thanks 42 man i will do that today but have you any idea what they will do next?

[42man]

Well, they might possibly issue court proceedings, but if they are in default of your request for the agreement (and they don't produce it AND let alone it containing the prescribed terms) they will be stuffed...any penalty charges on the account ? have you also considered a SAR (Subject Access Request) ?

[bushtuckerkid]

Hi,

I didn't think you could be defaulted for the same debt twice?

This is quite strange. Did they defo default you the first time round?

 

BTK

[42man]

Keep us posted......give me a shout if you need help....

[42man]

VERY good point BTK......you can't issue 2 default notices....they obviously feel the first one was wrong and may have tried to correct it via the second.... - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

Are you able to photo/scan them both up and post them on here (minus any points that might identify you) ? use www.photobucket.com (free) and there is a tutorial here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

[forstal]

Im not able to photo or scan on here today but having read other threads it would appear that they are not REAL default notices as they give me 21 days to pay the arrears and say they MAY take further action.

Am i right or am i misleading myself

forstal

[42man]

If they do that then they should be ok.....have a read of this too - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132160-really-confused-3.html

[forstal]

I have not received a letter or phonecall from Citi for over a week.

Do you think that i should SAR them or wait and see?

Please advise

Thanks

forstal

[surprise]

I've actually reported Citifinancial to the FSA for their practices. I was in the middle of reclaiming charges when they sold my debt to 1st Credit. Beware, this may be their next step. They have since had to buy the debt back from 1st Credit and they have repaid all my charges. A complain to the FSA may be worth considering as I do know they are being investigated. You will need to send all your correspondence to them.

[forstal]

Having heard nothing i received this today dated 6th March (8 days to arrive)

IMPORTANT YOU SHOULD READ THIS CAREFULLY

Termination of your agreement

As you have failed to rectify the breach in the default notice we recently sent you,we now require immediate payment of the full balance on the account.The balance is currently £......

We also give you notice that we have terminated your agreement.Please cut in half and securely dispose of any unexpired cards and cheques bearing the above No.We will no longer honour any regular payments that you have set up on the account.These might include insurance premiums or any subscriptions or donations to other organisations.You must contact any payees to arrange an alternative mthod of payment.

We have included the following notice to ensure that you are aware of all sums charged to your account.if the default sum refered to belowwas included in your last statement,please disregard this notice

Cont on next post .......

[forstal]

Notice of default sums.

 

The consumer credit Act 1974 requires us to give you this notice because a defaultfee has been applied to your account.

A late payment fee of £12 was charged to your accont on your last payment due day as you did not make the payment on time.

The notice does not take account of default sums,which we already told you about in another default sum notice,whether or not those sums remain unpaid.

 

Mike Green

Head of collections

 

HELP WHAT DO I DO NEXT

[forstal]

Any advise would be much appreciated

Thanks

forstal

[forstal]

Help please because i have read elsewhere on this site that if they terminate then Consumer credit act does not apply.

Somebody pls help

forstal

[surprise]

They will undoubtedly sell this debt on. I would write to them stating that they are in default of providing a copy of your credit agreement and ask them how they can issue two default notices on one account. Tell them that they have acted unreasonable given the current climate and it has left you with no alternative but to report them to the regulatory bodies. I would copy in the OFT and the FSA at the same time enclosing copies of all correspondence.

[forstal]

Thanks surprise

Is there a template i can use or adapt and has anybody got address for OFT and FSA

forstal

[surprise]

No you will need to do your own letter just with the points I've mentioned.

 

OFT's address Fleetbank House, 2-5 Salisbury Squre, London EC4Y 8JX

FSA - Mr D Franks Customer Contact Centre The FSA 25 The North Colonnade. Canary Wharf, London E14 5HS.

 

When sending copies to both of them just add a ps stating that you are enclosing copies of correspondence to bring to their attention the practises of Citifinancial.