Laura Cooke -v- Citicard

[Laura Cooke]

what are these things I read about where like me debt as been sent to dca and not had a letter to say so or had anything about termination where does that leave me?

[nick20045]

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

You have had a default put on without them either:

a: Sending you a DN

b: Sending you a Termination Notice

c: As Martin3030 said should have also notified you they are putting a default on

 

That judgement shows you how you can claim compensation for a wrongly made default with a credit reference agency against your credit good name AFTER you have had proceedings and hopefully have got the claim struck out.

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.

You do not need to write to them asking for a copy of a DN or anything like that. Once they start proceedings they have to submit all these. That is why I suggested you read the thread re Mikeed v Halifax. He never queried about the DN being missing. He never queried about not getting a Notice of Assignment. So....... what happens. He can use them against the claimant to get a strike out. NOW......... IF you ask for these, you have effectively removed two items from your "arsenal" that you can throw at them in proceeds to try and get a strike out. (Well that is my opinion anyway).

 

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

Was it a waste of £10????? I do not think so.

 

No copy of the DN!!!!! (Makes it an unlawfully rescinded agreement). No copy of the NOA!!!!!!! (Makes it wrongful assignment and unlawful to issue a claim in court)

 

That is a good £10 spent.

 

Sorry, personal opinion. You do come over like you are being harassed by the DCA and seem to just want them to stop. It does not work that way. And believe me, IF you write to a DCA and ask for a copy of the DN and a copy of the NOA one will be "trumped up". Just personal opinion. Sometimes it is better not to ask for certain proof in advance but ask for strict proof in proceedings. (Once again, read the MIKEED v Halifax thread).

[MARTIN3030]

Laura,what did you request in your SAR ?

They are only obliged to send you what you asked for.

They wont deal with open ended requests so you would have nbeeded to say exactly what you wanted.

This is how they evade sending everything.

[nick20045]

Also 6 years of statements.

 

Any default charges on them? Any PPI on them? They all help getting any potential claim struck out.

[MARTIN3030]

Problems with them complying to SARs is nothing new.

They will also ften state that they dont retain copies of letters as they tried to pull in this case;

 

http://www.consumeractiongroup.co.uk/forum/citicards/197094-citicard-sar-probs-address.html

[MARTIN3030]

In my case they had something called card protection plan firm was called CCP Mine was supposedly £20 per year I dont recall asking for it,and it was automatically renewed each year.

I saw on my statements that it was costing much more than £20 per year.

When I tried to challenge them last year they wrote telling me that they only kept records for 2 years so could not supply me anything.

I am still looking into this-because if THEY have not got paperwork then I HAVE.Oroginal letter from May 2003 plus the debits on the statements 2003-2006

[nick20045]

You are lucky in a way. I sent an SAR to my bank. They sent me a packet back that is about a 2 foot high full of documents. Still going through them.

[Laura Cooke]

I sent the template off the site "In any form and in any period of time, disclosure of personal data for the entire period of my dealings with you, sar is not limited to my transaction history and it is not limited merely to 6 years of historical information, additionally where there as been any event in my account history over this period which as required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes

Under their lists of notes it says Default Notice on 3 seperate dates in June, July, August don`t have anything about default off them only a proper DN issued December 2009 letter they sent with sars as below the comms log only covered from Jan 09-Jan10

[Laura Cooke]

Martin you pm and kindly typed a letter out to send to this DC that as been in touch I queried with you if I should infact send that letter with me never having had a termination of the account, Citibank are suposed to let you know if they terminate and are also supposed to write if they pass the debt on to a dc? this letter pointing out that they should not have done this I had wondered if it is right to send it?

 

Up until the account went to dmp in June hubbie was up to date with payments so no charges or I don`t think there is only got statements up to end of 03 off them but the account was opened before then found 3 £12 charges & interest from hubbie going on dmp plan June-August 09 total around £80

 

Hubbie does have a dn but no record of it on the notes citi sent and the dn isn`t quite right buyt told it may be accepted

 

Had no contact from dc other than the one for CITI which came a few days ago not expected to hear much as been on the dmp but now come off it I suppose we`ll be bombarded with calls from dc previously complained about this as the debts are not mine so how can I speak about them, not that I want to anyway

[MARTIN3030]

Section 87(1) of the CCA 1974 says:

 

87.--(1) Service of a notice on the debtor or hirer in accordance with section 88 (a default notice) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,--

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum....

 

Section 88 says that the DN must be in the prescribed form and the associated regulation say what that form is.

 

Thus, if the DN is not in the prescribed form, it is invalid and, under s87, the lender has no right of action.

 

CPR3.4(2)(a) says that the court may strike out a statement of case if it appears to the court –

 

(a) that the statement of case discloses no reasonable grounds for bringing ... the claim

[Laura Cooke]

Post 83 is the letter off citi that came with the sars, post 41 letter of dc and the default notice is at post 33 vint1954 commented that the dn is technically wrong but would probably still be ok at court

 

Martin shall I just ignore the dc?

[MARTIN3030]

Up to you.

They are breaching guidelines.

Theres also the possibility of it being passed on again-prob to Hillesden.

At least if you demand its passed back then Citi will know that you are not taking things lying down.

[nick20045]

Just a couple of points:

 

1: Agree with vint. DN seems ok and do not think a Judge will throw it out

2: The debt has never been assigned. If you read the letter it does not say that "We have bought the debt". It says that they have been contacted by Citi to collect on their behalf. i.e. as agents

 

To be honest, UNLESS you can get a copy of the agreement and can take it apart and find flaws in it, I would suggest you start looking at having everything terminated on the basis of Unfair Relationship due to the charges that have been added.

 

Unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999

 

http://www.opsi.gov.uk/sr/sr2008/pdf/nisr_20080199_en.pdf

[Laura Cooke]

Just thinking if I do just ignore things for time being would that be ok if it went to court? I mean by ignoring things or should I send the letter to dc? as it also tells the dc not to plan to visit as it suggests they might tried to click on your scales Martin & Nick but it said I have to spread some reputation? so sorry

[Laura Cooke]

Any advice off anyone on post 23 Capital 1/Laura Cooke strange dn sent for cca time was up 12-1-10 now sent for sars apart from that never hear a thing from them

[nick20045]

Just thinking if I do just ignore things for time being would that be ok if it went to court? I mean by ignoring things or should I send the letter to dc? as it also tells the dc not to plan to visit as it suggests they might tried to click on your scales Martin & Nick but it said I have to spread some reputation? so sorry

Read post no 88. Decided to have a look at your uploads and have told you what I personally think.

 

Personally, (and again this is my personal opinion and anybody can challenge it or say otherwise) once again, UNLESS you can get a copy of the agreement and can rip it apart as being unenforceable, my opinion is that the only course of action you have is to challenge on Unfair Relationship if it went to Court. (It is suggested that a debtor never makes a claim against the creditor but let them sue you first).

 

Any advice off anyone on post 23 Capital 1/Laura Cooke strange dn sent for cca time was up 12-1-10 now sent for sars apart from that never hear a thing from them

Just got over a headache and you gave me another trying to understand what you mean.

 

Calm down and think. At the end of the day the maximum that can happen if you were to lose at court is that you explain to the judge your financial difficulties and pay token payments. Something like £4 a month. So do not panic.

[Laura Cooke]

Not panicking just like to know whats what as I have said we haven`t got anything but like to be seen to do things right.

 

No one as ever had an opinion on the Cap 1 dn as it`s unusual not set out right and demands balance beleive I saw another one like this but can`t remember where sorry about your headache I`m a nuiscance but don`t mean to be honest lol

[nick20045]

Usually it helps if the OP makes a link to the thread they want somebody to look at.

[Laura Cooke]

sorry dont know what a link is in post 92 I put title up and the post up how do you do a link I dont understand much to do with computers

[nick20045]

Link = at top of screen you have where it says Address.

 

Highlight the thread link in there, right click and then paste it in your post.

 

Simples.

[Laura Cooke]

Thanks as simples as that are so you a Alexandria fan lol

[nick20045]

No. My family landed in Russia and now sell Russian meerkats for any harem. :D

 

Simples.

[Laura Cooke]

Been reading all the links etc but can`t understand why creditors are not allowed to add defaults of £12 to your account? if you don`t pay I would have expected this or if you are late paying? when we had the 3 default amounts off CITI the account wasn`t in dispute has hadn`t even sent for sars or cca we was on dmp

same with noa thought as soon as it went to a dc you had to be informed of this and that was unlawful recission or whatever it`s called so much to learn haven`t I

[Laura Cooke]

Right oh but just can`t get my head round the charges bit that they not allowed and not seen anywhere where it says this ok if you can`t post that`s fine I understand thanks for today been given more than enough to digest understanding is the hardest part, read your notes on the faults to look for well I think I`ve got 4 at moment

[MARTIN3030]

Anyway, last post from me on this thread as cannot be bothered with attitude of some of the site team. (I am entitled to this under the Human Rights).

 

Where exactly in the Human Rights Act does it mention Cag site team ?

Attitudes reflect on site rules and respect for others being maintained.

You should also respect other users threads,which are not the place for you to air your grievances.

Laura apologies for this.