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Thanks DD

 

Is there anything I need to know about citi?

 

Do I reply to this tosh?

 

CC

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Standard Citi response, sending Terms & Conditions in response to a s78(1) CCA request.

 

Out of interest when did you take out the credit card, was it 2008?


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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Thanks DD

 

Is there anything I need to know about citi?

 

Do I reply to this tosh?

 

CC

 

i only have one with citi they have send absolutely naff all in response to cca request since april

 

i ive sent them final "show me the agreement l'll come to your place to see it" letter i' ll keep you posted

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Hi Guys

 

Enron - The card was taken out some years ago but I cannot remember when, certainly much before 2008 but I think that is why they sent 2 agreements, one from original card and one with current conditions.

 

DD - We have 3 citi between us and CCA'd them in March and this is the first we have heard on any of them!

 

Good luck

 

CC

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this is the letter you can use to try and force their hand - even if they dont respond at least it shows that YOU were trying to resolve the matter and THEY weren't

 

you will need to adapt it slightltly but worth copying to your word processor

 

 

I hope this is of help to others i use it when I have reached the "yes you did - not you didn’t stage" of the failure to comply with s78

 

I consider it to be an extremely powerful tool if and when the matter should get to court stage and puts the creditor firmly on the back foot

 

it should also be noted that of four requests so far not ONE has agreed- more than that and even more damaging to them not ONE has even acknowledged the request contained in the letter!

xxxxxx

 

 

I refer to the above matter and your failure to supply legible documents*(or whatever the alleged failure is )in response to a s78 Consumer Credit Act Request or to provide a true copy of a properly executed credit card agreement.

 

We appear to be at loggerheads in this matter, and clearly you remain in default of the Consumer Credit Act 1974 on this matter.

 

The original properly executed credit card agreement is the document that you would need to produce in support of any county court action against me , and the same document that I would make a court application for you to produce if you failed to respond to such a request under a CPR31.16 prior to my seeking to commence proceedings against yourselves.

 

It would therefore seem to me to be entirely in line with the overriding principles of the CPR for us to make every attempt to settle matters outside the court system .

 

In furtherance of this objective therefore, I would suggest that this matter can be disposed of without further delay by you allowing me to inspect the original properly executed credit card agreement . Thus the matter can a be resolved one way or the other.*

 

Normal convention requires that any such document is inspected in situ- I am prepared to travel a reasonable distance to inspect this document.

 

Alternatively I am prepared to pay the reasonable costs of having this document couriered to the local branch of Barclays Bank*(or wherever)*for me to inspect it there

 

I can think of no valid reason, if it is your sincere desire to have this matter dealt with without further delay, why you should not accede to this request. Since clearly if you satisfy me that you do have a properly executed and enforceable agreement then i can immediately enter into discussions with you with regard to discharging the said debt, which is surely what you are trying to achieve!

 

If however it is the case that you do not possess a properly executed agreement then it would be the better for all concerned for you to admit to this fact now and then we may be able to negotiate a mutually acceptable outcome.

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Thanks DD

 

I will give it a try and report the outcome.

 

I wonder if they take 4 months to reply to every letter?!!

 

CC

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Thanks DD

 

I will give it a try and report the outcome.

 

I wonder if they take 4 months to reply to every letter?!!

 

CC

 

they probably won't reply but it is important to have the letter on file

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