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Hi,

 

12 + 2 working days.

 

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Scott.

 
 

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  • 2 months later...

Still no CCA, I received a letter last week thanking me for my patience. I have given them long enough 2 months!!!!!!!! will now send them the account in dispute letter.

 

Meantime they have passed the account on to their collection agency, collections direct????, they are trying to scare me with the CCJ letter. The funny thing is the account is pretty much up to date!

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Citi are well aware that whilst they have not provided a copy of the "executed agreement" to you after the statutory period, they should not be enforcing the agreement.

 

The Office Of Fair Trading has clarified that a creditor who is in default of the a s77/s78 request is not entitled to enforce the agreement at all either with or without a court order - which would extend to requesting or chasing payments under that said agreement until which time they provide a copy of the "executed agreement", or the details present in that original agreement.

 

They are entitled to exclude certain information such as signature, signature box, signature date, and can retype the document if needs be, but the document should exactly match the original - and not be a copy of the Terms & Conditions, or varied Terms & Conditions as some creditors have been doing.

 

In appointing a debt collection agency Citi are being their normal self, rules, regulations and laws don't apply it's only the bottom line that matters.

 

I would suggest complaining to the OFT about the absence of your s77/s78 request under the Consumer Credit Act being delivered to you, and state that the creditor (Citi) are clearly still enforcing the agreement against you in a period that they shouldn't as they are employing a debt collection agent who is badgering you for payment.

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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  • 2 weeks later...
  • 1 month later...

You won't get anything out of Citi, there are lots and lots of us waiting on a reply - this has been ongoing for a couple of years for some of us.

 

That said they are likely to try to continue to enforce the accounts despite being legally barred under s78(6) CCA.

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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  • 1 year later...

Howdy...

 

What have you received? Summons? Do you mean a County Court claim pack and defence forms, etc?

 

Actually, having them take action against you will be helpful as you can formally request documentation relating to their claim now it's in the Court system - something you can't do without having took action against them yourself.

 

They must be fairly confident of a win, but I can't see how they can win with no agreement :lol:

 

Can you post up what the particulars of claim say, removing personal and identifying information?

 

When was the claim issued - the exact date on the top right of the claim form - and when does it say you have to acknowledge the claim until?

 

Is there anything attached to the claim form?

 

Was it issued in Northampton, or a local County Court?

 

There's more questions I can ask, but let's take one step at a time... :dance:

Always happy to help where I can!

:lol:

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This is very strange,since Cabot will usually bombard with monthly letters before initiating any claim.

If that has not happened,then they have not followed CPR protocols.

Can you confirm that you have had nothing from Cabot prior to the summons ?

Also what is the amount being claimed on the claim form ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for looking at this Chris.... you were the very person that sprang to mind when I read the post.

 

CPR request to view the original executed agreement I believe, knowing that Citi in the past has doggedly resisted parting with them - even to companies who have purchased accounts from them.

 

Certainly 1st Credit weren't able to obtain it for love or money, despite the fact that Trading Standards were able to furnish me with it months earlier.

 

Could possibly do with finding out a bit more detail, i.e. when the account was opened etc.

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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