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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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credit card debt - now in hands of debt collectors


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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 !!!

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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.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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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.

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, 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

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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 !

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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.

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 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

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?action=view&current=002.jpg002.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

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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! :D

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