CITI response to CCA?

[avarose]

Hi there,

 

I CCA'd CITI a few weeks ago and have had this odd response in the post today - can anyone make sense of it?

 

" Thank you for your letter in which you have asked us to provide copies of your agreement with CITIFnacila under Section 78 of the Consumer Credit Act 1974. We have to inform you that we are under no obligation to comply with a request for a copy of your agreement under the Consumer Credit Act as we no longer have a contractual relationship with you, nor are we seeking to enforce any agreement against you. Your right to be provided with this information from CitiFinancial ended with the closure of your account. I am returning the £1 you have sent in realtion to this request. This will follow under seperate cover. Should you have any questions please feel free to call me on XXXX. Signed the Data Request Team.

 

Now up until a couple of weeks ago they were calling me about 5 times a day etc but have stopped recently. Odd thing is that this card is not that old and i felt sure they would have had a CCA for me. Oddly too this letter came in an envelope with EGG's address on the back? What does this mean - have they sold it? Any thoughts? Many thanks!

[maroondevo52]

Hi, avarose.

 

I'll move your thread to the Citi Forum.

 

Regards.

 

Scott.

[avarose]

Great thanks! Didn't realise there was one!

 

Ta

[42man]

Have a look here - http://www.consumeractiongroup.co.uk/forum/citicards/200243-citibank-no-cca-forthcoming.html

[avarose]

Thanks for that - seems like it is their chosen letter of the week then! Well i think i am going to sit tight and see what they do next... I will keep an eye on the other thread too to see what happens there...

[Enron]

Statements of that nature are binding under the Consumer Credit Act (s172 I think), as such they have been pretty stupid to issue that letter.

 

That said, they'll likely do as they do in all these cases and continue to enforce the agreement - despite the fact that after 12+2 working days they are not allowed to, the OFT specifically states that a creditor is not allowed to enforce the agreement at all during this period - which would cover attempted collections via phone and writing, making entries against your credit file, selling the account and so forth.

 

That said we are talking Citi who from past experience don't seem to give a damn about the law and regulations.

 

Therefore i'd suggest making a complaint to the Office Of Fair Trading enclosing a copy of that letter, it seems to be their standard response, and also consider getting in touch with your local trading standards as you are legally entitled to a copy of this document (albeit a couple of things can be removed, signature, signature date etc)

[Enron]

This will also make interesting reading for you:

 

http://www.creditlaw.co.uk/Documents/true%20copies.pdf

[avarose]

Hi there,

 

Many thanks for your responses etc. I have had a letter this morning from CITI chasing for money again. What should i do - send them a CCA / In Dispute letter? Also, i have been paying them a £1 a month - shall i stop this or continue paying to show good faith - not sure.... Thanks again.

[Enron]

The choice is yours.

 

You can stop paying after 12+2 days as is your right whilst your s78(1) CCA request is outstanding.... that said Citi will follow standard procedure and operate the account as normal despite being prohibited under s78(6). Inevitably this would lead to requests for payment, phonecalls and the defaulting of your credit file - all actions they are not allowed to do.

 

That said if you are only paying £1 a month which is not an arrangement with Citi then they will likely do the above anyway.

 

I would first of all suggest submitting a complaint to the Office Of Fair Trading, as you are legally entitled to a copy of the executed agreement and also complain to your trading local standards department.