credit card debt - now in hands of debt collectors

[Potless1]

i have a sum of £1715 outstanding with citi mastercard, which i cannot pay due to being unemployed & on only £62 a week, i have just recieved a letter from citi cards terminating my agreement as i have failed to rectify the breach specified in the default notice they recently sent me, they now equire immediate payment of the balance.

 

head of collections.

 

i rang citi cards to see if they would take some kind of minimum payment which they refused & said that it has gone too far in arrears now & it is in the hands of debt collectors who will be calling me soon.

 

what can i do, i need advice please !!!

[maroondevo52]

Hi,

 

How old is the Card, are there any charges you could claim back.

 

I'll move this thread to the Citi Forum, you'll get help in there.

 

Regards.

 

Scott.

[zazen.warrior]

You need to send a CCA request to establish if Citi has a legal right to enforce the alleged debt.

 

This is your first move.

 

When was the card taken out?

[Potless1]

the card was taken out about 3-4 years ago & what is a CCA request ?

 

sorry for my ignorance !

[Enron]

A CCA request is made under section 78(1) Consumer Credit Act, and essentially is a request for a copy of the executed agreement you signed when you opened the account.

 

There are circumstances where an executed agreement misses something called prescribed terms, these are items such as listing a credit limit, rate of interest, repayment terms, cancellation rights and so forth.

 

If it is missing these, or is not set out as par the regulations a creditor could have extreme difficulty in obtaining an enforcement order through the courts.

 

The only problem is that Citi are not playing ball when it comes to CCA requests, instead preferring to ignore the law, regulations and its own code of conduct in sending out recent Terms & Conditions in reply to such requests.

 

OK, first thing, I would request a copy of the executed agreement under section 78(1) Consumer Credit Act - there is a copy in the templates library from memory.

 

It may also be worth having a word with Trading Standards, Citibank are a signatory to the banking code - they are meant to be understanding and help in instances where people are in genuine hardship such as yourself, if you explain the situation to trading standards and request their help they maybe able to assist you if a creditor is not meeting their obligations.

 

If you have no joy in that respect it may also be worth sending a complaint to the Office Of Fair Trading, as Citi seem to be operating in an unreasonable manner....

 

Hope this is of help.

[Potless1]

hi, i have looked in the templates for "copy of the executed agreement under section 78(1) Consumer Credit Act - there is a copy in the templates library from memory" but don't really know what i am looking for, could you please send me the link"

this would be a great help if you can do this for me..

 

thanks

[42man]

Here it is letter 'N' - send with a £1 postal order, send recorded and write at the top in big letters (if required) I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU MAY REPRESENT

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[Potless1]

so with this CCa i am going to ask them for, what happens if they dont send it ? or if they say they do not have it ?

this is the first time in my 50 years i have been out of work & i hate it, i hate people chasing me for money when i have a mortgage to pay, 2 teenage kids at school, cars to run & all i get is £62 a week with the future looking bleak !

[Enron]

If they dont send the executed agreement, they are not legally entitled to enforce the agreement against you at all - which would include requesting payment either in writing or over the phone. This has been confirmed to me in writing by the OFT.

 

That said, Citi being Citi will continue to enforce the agreement regardless which could have implications for your credit report.... obviously if they do as they have done to many of us they'll enter a default.

 

They are currently sending out recent Terms & Conditions out to honour s78(1) requests which is an invalid response, and does not discharge their duty under s78(1) CCA. It could have implications for their credit license as things have been moving behind the scenes.

 

What I would suggest is see what you get in return to the s78(1) CCA request.

 

It maybe worth having a word with Citizens advice about your situation, in as far as Citi not willing to help you out - they are a signatory of the banking code which outlines that they are meant to help customers in financial difficulty. I would also contact Trading Standards on this issue as well.

[the_shadow]

Hi kthmurrell

 

Welcome to the wonders of american credit card companies... compassion isnt in their vocab:(

 

Can you possibly scan and upload the default notice, editing out any personal info and post it on here... photobucket is the site most of us use.. it can be found here. Dont suppose you kept the envelope it came in did you?

 

Reason being they may have made an error prior to terminating the agreement and this could have serious implications for them IF the agreement does turn up and is enforceable.

 

PmW

[Potless1]

002.jpg picture by yid-old-boy - Photobucket

 

hope this comes out ok, this is all new to me !!!

 

thanks

[the_shadow]

002.jpg picture by yid-old-boy - Photobucket

 

hope this comes out ok, this is all new to me !!!

 

thanks

 

Hi Kthmurrell, thats the termination notice... its the default notice we really need to see to ensure they crossed the t's and dotted the i's before terminating your agreement.

 

Also you may want to delete that scan, you've left the barcode in on the left hand side, I'm not sure but it may be your accountref with CITI for them to scan the letter when sending.

 

PmW

[ihpj]

Hi Mate, if you are having any difficulties, you can read my own thread as I battle with Citi - I have deliberately tried to keep my thread simple and straightforward so people can see what I have done and how they have replied. i have posted up full copies of my letters - perhaps you will find them of use?

 

First thing is first, knowledge is power in this game and you need to read up on even the basics. You need to understand how things work and then how you can go about getting there. very important to follow procedure and use correct language. Folks here are very knowledgeable and helpful; but you have to help yourself first!

 

Above all, remain positive...and welcome to The CAG!