Laura Cooke -v- Citicard

[Laura Cooke]

Martin PM you but your message box full

[MARTIN3030]

Ok give me 5 minutes to make some space.

[nick20045]

Nick20045 are you meant to give them an extention to the 40 days read somewhere that you supposed to then give them another chance to send it? I`ve read that much your head spins with it thatnks for the above will use it if that`s what you normally do?

Court procedure rules state that before you can issue proceedings you have to tell the other party "also known as banks/DCAs in this case" that UNLESS THEY DO WHAT YOU ARE ASKING THEM TO DO you reserve the right to issue a court claim.

 

The law states they have 40 days to reply. So you have to allow 40 days. After day 41 you then send a letter (I prefer by recorded mail so cannot be contested.............. do not forget IF they do not comply you can now start claiming costs) giving them notice of a Letter before Action and allowing them 7 days to comply.

 

After that.......... just sue the sods. :p

 

I have had two DCAs (on behalf of my son who seems to love to cancel mobile agreements before time) and one got my son £300 compensation and one £240 compensation. Got one ongoing (just filed today against (believe it or not) a firm of solicitors).

[nick20045]

Once a company becomes "involved" in your life. They become the Data Controller and you become the Data Subject.

[Laura Cooke]

Done that letter I don`t get hubbie to sign it do I ?

[nick20045]

Signing a letter............

 

 

xxxxxxxxxx (Signed by Millie Bitter)

for and behalf of

Mr John Smith

 

 

 

xxxxxxxxxxxxx (Signed by Tom Brown)

Mr John Jones

p.p.

 

 

Where xxxxxxxxxxx is the hand written signature

 

 

Both of those are legally accepted. So if your husband is John Jones and on top of his typed name you sign Tom Brown as long as under John Jones you write the words p.p. IT IS A VALID letter and a valid signature.

 

To be honest, all these "latest technologies" and this and that, simple letter writing and known and accepted manners seem to have "gone out of the window".

[slick132]

Laura,

 

If they've failed to respond to a SAR, see Articles 18, 19 and 20 here - The Consumer Forums - Bank charges templates (consumer)

 

If they haven't replied at all to a CCA request, send them an a/c in dispute letter. See posts 2 and 4 here - http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html

 

[Laura Cooke]

Is just printing letter ok signature we sent with sars wasn`t hubbie`s normal signature

[MARTIN3030]

Did you get my pm ?

 

Just to remind everyone in these forums-Citi are monitoring closely.be aware !

[MARTIN3030]

Ah I didnt realise you have 2 threads here.

Can you confirm you got the Pm ?

[MARTIN3030]

Nick I trust you are familiar with the tactics and methods of Citi financial ?

 

Also I noticed your letter addressed to Data Controller Customer Services.

 

A letter which puts a Data Controller on notice should be addressed to them and not Customer Services.

Edited January 30, 2010 by MARTIN3030

[nick20045]

Is just printing letter ok

No it is NOT.

 

Reading and understanding and if not understanding questioning and then once understood is ok.

 

Otherwise............ you are non the wiser.

[nick20045]

Nick I trust you are familiar with the tactics and methods of Citi financial ? Why? Are they like as bookworm (who I personally think is one heck of a clever member) once said (not exact wording) "The banks and DCAs do infilterate the forum to see what is going on????????" So what is new?

 

Also I noticed your letter addressed to Data Controller Customer Services.

 

A letter which puts a Data Controller on notice should be addressed to them and not Customer Services.

You may have a capture of the English language and also I believe quite a fair few do as well. But............ remember the law should really be in the LiP side because if for example I was to quote you from my son (geordie mentality)............

 

Q: Can I lend £400?

A: You can lend whatever you want just make sure you protect yourself to get it back.

 

So he answers "So when can you get it to me?"

 

Oops. It is not "lend". It is "borrow". What you mean is really "Can I borrow £400".

 

And as to sending a letter addressed to the Data Controller or to Customer services or to the Director or to the Chief Executive Officer is immaterial.

 

I sent you a letter. It is up to you to transfer it to the appropriate department.

 

Same as IF I was to send a complaint letter to the CEO of a company. Should I accept a reply from a manager????????

 

It is LiP. Pending on your knowledge, understanding, education (oops!!!!!!!! Half the British population will fail on that one. Actually......... something that surprises me........ How can a person do a computer program but cannot put a decent sentence in a letter!!!!!!!!!!).

 

My opinion (feel free to challenge it if you want) is that too many people believe they want to challenge the technicalities whereas they should ask the Court to assist.

[nick20045]

Anyway...........

 

I see there are two site team members involved in this thread so guess.......... all info will be passed on.

 

So, unsubscribing from this thread.

 

Wish the member all the best.

[Laura Cooke]

Yes neither did I one of the site team did that yesterday lol got your pm but looks like you didn`t get mine?

[MARTIN3030]

I will merge your two threads it will be much easier for others following.

[Laura Cooke]

I pm you Martin Friday but you couldn`t have got it just wondered if I should send any letter? to DC if you get a letter off a DC and you have never had a termination off the creditor and their DN isn`t quite right isn`t that unlawful rescission? if so would that be right to send that letter Martin?

[Laura Cooke]

bump

[MARTIN3030]

If Citi have assigned the debt,then its likely that the default would be re-registered by the assignee in their name.

Ico guidance says that credit reporting can either be done by the OC or the assignee but that the lender should be informed.

 

Citi should not have passed the debt on,by assignment or for third party collection,whilst being aware of your applications.

[nick20045]

If Citi have assigned the debt,then its likely that the default would be re-registered by the assignee in their name.

Ico guidance says that credit reporting can either be done by the OC or the assignee but that the lender should be informed.

 

Citi should not have passed the debt on,by assignment or for third party collection,whilst being aware of your applications.

Hence now start reading RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

Especially from no 19 onwards.

[Laura Cooke]

Martin should I still send that letter? my heads spinning with all the different things sorry to be a pain will read up these things Chris in a while when I`ve done umnpteen chores lol thanks for the help

[nick20045]

Martin should I still send that letter? my heads spinning with all the different things sorry to be a pain will read up these things Chris in a while when I`ve done umnpteen chores lol thanks for the help

I am not going to suggest what to send or not send except sometimes, showing your cards can backfire on you. In short, if it was to say go to Court then you have exposed what you will be using as a defence. Suggest you have a quick read of this thread. The member has been issued with a court claim. See how it can "pan out" IF you have certain things that have happened and you do not ask for them to be rectified but expose them in Court. http://www.consumeractiongroup.co.uk/forum/legal-issues/204622-halifax-mikeeb-help-defense.html (Also suggest you download and read the draft defence attached).

 

Re umpteen chores and loads of different things, just open a file for each problem. Then take a piece of paper and mark a short note of what has been done or what is pending. That way, when it comes to recapping re that file, you just look at the notes and you can then recall instead of having to read a lot of papers to remember. (Well that is how solicitors do it anyway).

[Laura Cooke]

Hence now start reading RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

Especially from no 19 onwards.

 

 

Read this but didn`t understand it`s implications on myself wish i understood legal things more it`s hard work taking it all in

[MARTIN3030]

If Either Citi or the DCA issues proceedings,or suggests that they are about to,then they know that this will be followed by pre action disclosure requests,and its something that they would not want to be doing.

For that reason,its my opinion that there is no question of them forcing the Court route at this point.

[Laura Cooke]

My sars from CITI came back this weekend about 3 weeks early my cca is due back this week that sars was a waste of time as apart from 6 years statements and a a comms log that doesn`t even mention the default notice I had come it had nothing in it so a waste of £10 so I`ll send the letter is what I understand as I don`t know what consequences are of me not sending it? as I have no idea of the laws etc don`t know if i`d doing right or wrong unless told otherwise