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CCA & SAR no response, CITI Cards


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I wrote to Citi with a CCA request and postal order, I posted it on the 28/04/10 and it was signed for on the 29/04/10 but have heard nothing from them.

 

I also sent them a SAR request on 21/04/10 which was signed for on the 22/04/10 (now stupidly I put a cheque in with it, however they havent cashed the cheque)

 

By my calculations the time limit for the CCA is up, so I am not sure what to do from here, also should I just sit tight regarding the SAR.

 

Any adivce would be great.

 

Many thanks

 

Mike

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Hi.....Welcome.......CCA request Citi have 12+2 days to respond,you have proof that Citi have received the request,Send them Account in Dispute Letter(copy of template on CAG site file.................SAR Citi have 40 days to respond to this request ...just wait should they not respond after the 40 days again letter template in CAG file.............you have again proof of receipt of letter although the cheque has not been cashed yet....................How old is the Citi account..........FS

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Hi.....Welcome.......CCA request Citi have 12+2 days to respond,you have proof that Citi have received the request,Send them Account in Dispute Letter(copy of template on CAG site file.................SAR Citi have 40 days to respond to this request ...just wait should they not respond after the 40 days again letter template in CAG file.............you have again proof of receipt of letter although the cheque has not been cashed yet....................How old is the Citi account..........FS

 

I took it out in october 2001, but when I took it out it was an associates card.

 

Is there a sort of prodding letter, I dont really want to dispute the account right now as I am looking at my options, at present my credit file is perfect and I need to look at a few things before I decide to jump in and wreck my credit file! I dont know wether to go down this route, DMP or bankruptcy, there are prons & cons for all options, but with a baby on the way, and struggling to make min payments I need to try and work out what to do.

 

Is it worth asking for CCA's on the following

 

IF credit card taken out May 2007

Cahoot Credit card taken out april 2004

Amex credit card Feb 2006

 

Cheers in advance

Edited by Mike J 1973
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As I have mentioned I dont want to put the account into dispute just yet, so would like to send citi a reminder letter, I have used one of the template letters, but amended it, could somebody please cast a breif look over this and tell me if its ok.

 

Many thanks again

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On 28/04/2010 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 29/04/2010

you have failed to comply with my request.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Could you please inform me in writing if you hold and indeed intend to supply me with the legally requested documents?

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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Agree your letter is fine not to confrontational............you can ask the other credit card companies for CCA,the May 2007 card company will I am sure be able to supply a copy of the signed agreement unless it was an "e" application then they will supply a copy of the same.The 2004 and 2006 worth a go see what happens only cost you £1 each...........Ref DMP you can do your own or use CCCS or somebody similar.Read the site threads on the DMP subject various plus and minus views..............Bankruptcy this drastic not easy route is up to you,again the site has a number of members who can offer advise,cant help on this .............FS

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  • 2 weeks later...

I have sent a CCA request to Citicards, they have written back to say they are woking on it, however the time limit has passed.

 

What should my next step be?? I dont really want to put the account into dispute just yet (long story) so should I send them a reminder letter or just sit tight as they are working on it??

 

Any advice would be very much appreciated.

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They have 40 days to provide the SAR, if they fail make a complaint to the ico.

 

Cheers, I sent the request on the 21/04/10 they signed for it the following day - by mistake I put a cheque in it (I know I shouldnt have done) they only cashed the cheque yesterday - so not sure what is going on.

 

Is the 40 days, 40 working days? if so I think I should have had a reply by the 2nd of June.

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Calendar days from receipt.

 

So I make it that they are in breech of that as well, they signed on the 22/04/10.

 

Is this the best address to send the complaint to ??

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

So I put in copies of the letter, the proof of delivery etc? Is there a template letter I should use??

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  • 1 month later...

Hi

 

I am wondering if anybody could help, I am trying to work through my debts and sort out my problems, however I have a situation with Citi Cards that I am unsure what to do about at present.

 

I am managing (just) to make minimum payments on my debts, and have sent requests for my CCA and a SAR from Citi, they have passed the time limits for both of these, so have complained to the information commisoners office regarding the sar.

 

However for a number of reasons it important that I dont default / bankrupt etc so I am wondering if I could write to Citi and point out they clearly dont have the documention, so its unenforceable, then also point out I am on the point of going bankrupt (which I am trying to avoid) and then trying to negoitate a F&F figure.

 

Or would I be wasting my time as the account is upto date etc.

 

Any advice would be great.

 

Thanks

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You can offer a full and final offer at any time.

But make sure it is stated that no adversed date will be entered on your credit file and that the remaining balance will not be sold on.

This condition must be in writing and you must get a response confirming it before making any payment.

 

Do not enter in to any settlement agreement over the phone

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  • 3 weeks later...

Hi, I am hoping somebody can offer me a little guidance, I wrote to Citi with a CCA request and postal order, I posted it on the 28/04/10 and it was signed for on the 29/04/10, I got a letter from them saying they are working on, I have also sent them a nudge but I have had no response to that.

 

I also sent them a Subject access requestlink3.gif request on 21/04/10 which was signed for on the 22/04/10 but again I have not had a response.

 

I have reported them to the information commisoner and have had a letter from them saying they recieved my letter and will pass it onto somebody to investigate.

 

At present I am still making (just) minimum payments to the account, is there anyway I can hurry them up as I want to see what info they hold, I would also like to make a PPI claim but as I cant get the info from the sar I am stuck.

 

If anybody has any ideas how I could hurry them up it would be great. (I havent disputed the account yet, I am waiting on CCA coming back from my other 2 credit cards before I decide what to do.

 

Cheers

 

Mike

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Hi, I am hoping somebody can offer me a little guidance, I wrote to Citi with a CCA request and postal order, I posted it on the 28/04/10 and it was signed for on the 29/04/10, I got a letter from them saying they are working on, I have also sent them a nudge but I have had no response to that.

 

I also sent them a Subject access requestlink3.giflink3.gif request on 21/04/10 which was signed for on the 22/04/10 but again I have not had a response.

 

I have reported them to the information commisoner and have had a letter from them saying they recieved my letter and will pass it onto somebody to investigate.

 

At present I am still making (just) minimum payments to the account, is there anyway I can hurry them up as I want to see what info they hold, I would also like to make a PPIlink3.gif claim but as I cant get the info from the Subject access requestlink3.gif I am stuck.

 

If anybody has any ideas how I could hurry them up it would be great. (I havent disputed the account yet, I am waiting on CCA coming back from my other 2 credit cards before I decide what to do.

 

Cheers

 

Mike

 

I have posted this in the general debt forum as well, sorry if I shouldnt have done!

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Citi, I'm afraid are a law unto themselves. They cause the Information Commissioner no end of problems.

I wouldn't wait for the other cards to come back and put this account into dispute. That sometimes gees then up.

Quick question. How long ago did you take out the card?

 

With your SAR. You will most likely only get back a load of statements and very little else. When they did this to me, I complained and they still refused to send me anything.

It took the ICO months just for me to get two sets of terms and conditions from Citi.

 

I do know that Citi did a purge of their systems in 2006 and a lot of old paperwork was destroyed

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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If anybody has any ideas how I could hurry them up it would be great. (I havent disputed the account yet, I am waiting on CCA coming back from my other 2 credit cards before I decide what to do.
Technically speaking you can now withold payment because they are in default of your request, in doing so it may well be nudge required for them to get their finger out. Also a complaint to Trading Standards via Consumer Direct wouldn't be remiss. Consumer Direct - Contact us
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Technically speaking you can now withold payment because they are in default of your request, in doing so it may well be nudge required for them to get their finger out. Also a complaint to Trading Standards via Consumer Direct wouldn't be remiss. Consumer Direct - Contact us

 

Thanks, I will indeed make a complaint, I have got one of my CCA's back today (from cahoot) I am going to post it up and see if its enforecable.

 

Just a thought, is it worth making a formal compliant to Citi, is that likely to spur them on???

 

Im currently considering bankruptcy as the way forward and wondered if it was worth mentioning this to citi (and my other creditors) to see if I could get some F & F settlements? Just via family I could raise a little money.

Edited by Mike J 1973
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Citi, I'm afraid are a law unto themselves. They cause the Information Commissioner no end of problems.

I wouldn't wait for the other cards to come back and put this account into dispute. That sometimes gees then up.

Quick question. How long ago did you take out the card?

 

With your SAR. You will most likely only get back a load of statements and very little else. When they did this to me, I complained and they still refused to send me anything.

It took the ICO months just for me to get two sets of terms and conditions from Citi.

 

I do know that Citi did a purge of their systems in 2006 and a lot of old paperwork was destroyed

 

I really dont know the date I took the card out, but it is a long time ago, it started life as an assoicates card, then some how I ended up with 2 associates cards (this was 2004 - I know because i remember where I was living at the time), When citi took over they increased the credit limit on one card and merged the other card onto it, so I ended up with one Citi Card rather than the 2 associate cards.

 

Even a load of statements would be useful as I am sure I was mis sold PPI, mainly because I was self employed at the time, so I dont think it would have paid out.

 

I have a faint hope that the PPI I have paid plus interest may work as a F&F settlement if it turns out to be unenforceable.

 

I am struggling with debt for many reasons, mainly my own stupidity, but Citi really havent helped with the interest rate rises, and recently I got a letter saying the card was going to be taken over by CAMM, then another letter saying the interest rate was going up so I rejected this rate rise and closed the card, so I am paying min payments but the interest rate is 25.9% I think.

 

I dont want to put the card into dispute just yet for many reasons (one being my wife's credit file, we are looking at ways of dissassociating her from me as all my debt was run up before we were together)

 

Also it will impact on my employment, and I am trying to get to a point where I can make a decison regarding everything, which at this point looks like bankruptcy, but would also put me out of work:evil:.

 

If I could reclaim the PPI and pay off the card, that would be a huge help and I maybe able to struggle forward where I am paying my debts rather than having to go bankrupt and losing my job.

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I contacted consumer direct and have had this back

 

Based on the information you have provided the key legal points in response to your enquiry are as follows:

Under Section 77/78/79 of the Consumer Credit Act 1974, if the finance company cannot provide a copy of the agreement within 12 working days of receiving a valid request then the agreement may not be enforceable. Should they find the copy later then the agreement may then become enforceable again.

Although the agreement may not be enforceable, any failure to repay the monies borrowed may well lead to the finance company reporting arrears or defaulting to credit reference agencies or passing the debt to a debt collectors. However, if the agreement was unenforceable then they may not be able to use the courts to get a judgement against you for the outstanding balance.

If the finance company fail to provide you with a statement of your account then you can take your case to the Financial Ombudsman Service for them to assist further if you are receiving poor service or are suffering because of a finance companies behaviour. Their website is www.financial-ombudsman.org.uk.

Regarding your subject access request, the best people to speak with this on that would be the Information Commissioners Office who advise on your rights under the Data Protection Act 1998 and any requests made under it. Their website is www.ico.gov.uk.

 

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry.

Now am I missing the point or are they not going to help me get the information to which I am entitled and have paid a fee for???:confused:

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Hi,

 

I had the same problem with Citi. Firstly sending me a letter asking for proof of ID then ignoring reminders I sent to them.

I sent a formal complaint to their head office at Canary Wharf which did get back a response. All they sent me were copies of statements and copies of recent letters I had sent them-nothing else.

A complaint to the FOS resulted in copies of terms from inception of the account and the updated ones.

I am still waiting for a copy of my agreement 21 months after requesting it from a DCA.

Citi are an american company and think UK laws don't apply.

 

One other thing with Citi, they did a purge of their systems back in 06 and lots of paperwork has vanished.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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