Citi Card Debt now Moorcroft/Cabot Chasing

[silverfox1961]

Don't hold your breath

 

Here is another thread you are cordially invited to specifically for those of us in the same boat.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280752-Cabot-Citi-Fan-Club

[Enron]

The good news is that your executed is likely unenforceable, I had to fight big time and get trading standards involved to get a copy of my executed agreement.

 

Mine is from 1998, and surprise surprise. Missing prescribed terms which would deem the executed agreement unenforceable under the Consumer Credit Act.

 

It's a pain living with the default on your credit file, but that said, i'd prefer not to bow to a bunch of shisters. But as with all these things it's your choice in which course of action to do.

 

Moorcroft will try to intimidate and harass you, say that they may take you to court, anything to put you in a state of fear. But as they do not own the account I don't believe they could instigate any action, that would be upto the creditor who is now Cabot.

 

If Cabot were to proceed with action, you could request to view the original executed agreement (and take a copy for any defence). It's unlikely they'll get it out of Citi, and if they did they'd find it's unenforceable.... and theres your ammunition.

 

If you feel harassed by their phonecalls, write to them stating that you've complained to the OFT, and do it, if that doesn't work contact your local Trading Standards. Failling that I can do you a good letter, more than used to dealing with DCA tactics.

 

There's a large group of us here who help one another, if you need anything just give one of us a shout.

[Pushonup]

Hi Foxy & Enron,

Thanks for the updates.

I have subbed to the Cabot link to keep up to date.

Cabot seem to be trying all sorts of tricks up to and including in court, looking at some of the recent threads.

Enron thanks for the notes and I will be writing to them re phone harassment as well as OFT.

Will contact TS if that doesn't work and may take you up on offer of letter for DCA.

Thanks

Pushy

[macmiddle]

LOL

 

Got the same letter last month, just crossed it thru and wrote CITICARDS are 1 year 3 months in default of a CCA request, please feel free to chase them up but dont write to me again unitl you have....... Not heard anythin since !!!!

[Pushonup]

Well Cabot don't seem to hang around before replying.

Heres their final reply to my complaint letter: -

 

I am now writing to the financial ombudsman to complain.

If you have any hints or tips about the best way to phrase this I'd be grateful for your input.

Yours

Pushy

[Pushonup]

Just re-reading the Cabot letter in response to my complaint they quote that they believe that they are entitled to charge interest per my original agreement with Citifinancial which they will need to produce. Citi only have a reconstructed copy of this apparently otherwise they would have supplied the signed original with my SARN request.

Following on from this Final reply just 4 days later: -

They have made a limited time offer of a 30% discount to settle the apparent debt!

What do you make of this ploy then?

 

Of course I'm not going to phone them to get their helpful assistance or an attractive repayment plan!!

Anyone else been lucky enough to have such a great offer - I don't think.

Yours

Pushy

[silverfox1961]

Obfuscation of the highest order.

 

When you ask if they have the agreement, they go on the offensive without giving you a straight answer.

 

If it was me, I would be writing back and asking which particular term allows them to be charging interest and whether they have your signature to confirm they have your permission to allow them to charge the interest.

 

Oh yes, I wouldn't go for their "offer" as all it does is acknowledges a debt.

[ANDREAMOUR]

I have been dealing with Citi for 2 years now and i still do not have a copy of my credit agreement

I have had several copies of my Terms and conditions which Citi have nicely printed my name on and i have had a default on my credit file but never had a default letter

They never reply to your letters and then claim they havent received them.

They ignored Trading standard letters and they have convinced the fos that they are right in their actions and the fos agree with them

These guys are just a bunch of "nasty people"

I am just waiting for them to take me to court so i can finally get this sorted as im sure they do not pocess a credit agreement

Edited November 16, 2010 by the_shadow
Possible defamation content removed

[Pushonup]

Hi Andreamour,

Interesting to hear how you are getting on with them.

I suppose they will try to conceal any lack of compliance.

Amazing that the FOS have agreed with them over their actions.

I'll add my query to the FOS to add to their file too then.

Keep us informed as things progress. Do you have a link to your thread please so I can follow your progress?

Yours

Pushy

[Pushonup]

Silverfox,

Thanks for your comments.

I've written to them asking them to produce my written authority and am waiting to hear next move.

Yours

Pushy

[avarose]

Hi Pushonup, just subscribing to your thread with interest. Have had exactly the same two letters recently... Goes without saying that I have never had a copy of an agreement. Will wait with interest for their response to you.

[Pushonup]

Having written to Cabot asking for signed written evidence for them to add interest and collect alleged monies owed they have written back saying that they have requested the paperwork from the original lender which may take 21 days.

Will see what happens next.

Yours

Pushy

[Pushonup]

Hi Everyone,

 

Just to quickly update this thread: -

In the end as we have a number of credit cards we decided to stop paying them all (including my other half's) and put all through a Debt Management Plan.

 

Saved me loads of time and angst as they now handle all correspondence for all our debts leaving me free to concentrate on earning money to pay it all off sometime in the future.

 

I wish all on here successful claiming, as I'm sure there are ways forward for all depending on individual circumstances.

 

Best Wishes and thanks for all your comments, help and replies.

 

I learnt loads and can now also help other people in similar circumstances whenever possible.

Yours

Pushy

[dx100uk]

test

[Pushonup]

Hi team, well time goes on and now Crapbot have decided that they will try to get me to court.

I haven't paid them anything since August 2017.

I received a 30 day response Pre Action Protocol letter from our friends at Mortimer Clarke Sols.

All the usual information to be entered and returned

Can I just ask DX100 : -

1) why it is better to use the form that you point to on CAGS rather than MC's own response form

2) If I have already done a CCA under Section 78 doc request and Cbot have only been able to produce a recon copy of Peoples Bank and Citi information received 25/02/2018 do I need to do another CCA request at this stage?

3) I believe that I do not need to complete a personal income & expenditure for them at this stage.

Any help will be most appreciated as always.

Pushy

[dx100uk]

Correct on all 3

 

[Pushonup]

Thanks DX100uk,

Just confirm correct on all 3 =

1) 'cos it's a clean form

2) I must do a new CCA request

3) I don't send a I&E analysis

Pushy

[dx100uk]

who decided the CCA request was enforceable back in 2011?

who decided you were to carry on blindly paying and running the SB date to infinity allowing them to do this now?

who decided the 2018 CCA return was enforceable...

are there others posts elsewhere that we saw the return and deemed it enforceable?

 

they change the forums with loaded questions..

they have no business knowing your pers financial details

only a judge can order the disclosure of those details.

 

 

[Pushonup]

The decisions were mine. 

I had alot going on back in early 2011. We had a fire in our home office and my wife had just started a new job. 

I was trying to get my head around my business which folded at the end of 2009 and what to do as well as look after 3 daughters 16, 14 and 11.

That was when I decided to use a DMP and let someone else handle a number of c/card issues for both my wife and me.

I stopped the DMP around April 2017 and then realised that I would stop paying and push to see who had a possibly valid CCA.

Most of the cards have been sold on and there are no valid CCA's so are not enforceable but may raise their heads again.

Cbot have decided that the size of this makes it worth trying for  suppose so that's why I'm ready to get this resolved now.

Non of the CAG team have given an opinion on this recon CCA yet.

 

Will pick this up again on Monday as not around over the weekend.

Thanks for your help.

[dx100uk]

good 

thanks for telling us the full story.

its better we know where we stand always.

 

get the last CCA return up into ONE multipage PDF please

read upload.

don't post as JPG's to your thread please

[Pushonup]

Hi DX100,

Here's the claim threat letter from M Clarke.

[dx100uk]

yep that's their interpretation of a PAP letter

though it doesn't say letter of claim.

 

so you reply as post 2 here.

 

 

[Pushonup]

Hi,

Here's the latest redacted Reconstituted Alleged CCA that I have from Cbot. I did have a similar recon doc from Citibank dated Feb 2010.

Peoples_Bank_Reconstituted_CCA.pdf

[dx100uk]

you say earlier you originally took this out in 1998?

so where is the signed agreement?

[Pushonup]

Hi DX100,

I don't have an agreement or a copy.

My comment was based on the response from CITI when they sent the information in response to my SARN request. See the bit underlined that says that they do not have records for my account available prior to March 1998.

I have also added the only letters that came together from CBot relating to the assignment of the alleged debt.

Does this help clarify my position?

Citi Response to 2010 SARN and Notice of Assignment to Cabot.pdf