Citibank CCA / Opus - Now with Cabot

[chattanooga]

I actually posted these a few days ago but I can't seem to find them via search since the forum change, still looking for some thoughts regarding enforceability. Thanks.

 

 

 

Any advice?

[chattanooga]

One more image...

 

[babydoll0141917]

subbing

[babydoll0141917]

Hi i hav exactly the same has these..No sigs anywhere ..took 16 mths to receive mine.to me they look just Like T & Cs..It doesnt look like an agreement ..Mine has been took over by 1st credit..OH has the same ..He has received a SD from Connaught/1st credit.SD in ivalid has was sent 1st class mail ..And not signed for ..

[chattanooga]

took 16 mths to receive mine.

 

Wow, mine came pretty quick, about 7 days after the request. It makes you wonder why they bothered to wait so long if all they were going to do was send reams of T&C's.

[guinea10]

Hi this is exactly the same as i recieved , are these terms and conditions or is it a true cca ? Need help urgently as had a statutory demand from connaught/1st credit , thanks

[babydoll0141917]

Hi this is exactly the same as i recieved , are these terms and conditions or is it a true cca ? Need help urgently as had a statutory demand from connaught/1st credit , thanks

 

IMO they are just T and Cs...No sigs anywhere not even any room for sigs..My OH also had a SD from Citi regarding these Agreements ..that was in July ..was put through the door by the postman ..he didnt bother getting it set aside.. and nothing has happened since

[guinea10]

tHANKS FOR THAT ,HAVE APPLIED TO SET ASIDE THE SD , ON THE GROUNDS OF NO VALID CCA ,

Edited October 18, 2010 by guinea10

[guinea10]

Hi , as i said before have recieved the above terms and conditions from 1st credit , can anyone tell me if this cca would stand up ain court and if not why , and wot should i be looking for on the cca , thanks

[guinea10]

Please anyone with expert knowledge can you take a look at the above agreement , thanks

[guinea10]

Bumping

[guinea10]

bump

[BARFLY]

My credit agreement - or lack of one - was originally with The Associates. Then taken over by Citicard. I originally sent a section 78 request to them about three years ago and received nothing whatsoever from them, just threats and a blank sheet of paper with recent t and c's attached. A month or so ago I received another legal threat from 1st Credit. I wrote to them requesting that they confirm whether or not they held an executable credit agreement for the account. Explained that they were obliged to confirm or deny this under OFT guidelines and that I would report their non-compliance should they not reply to that specific question. Also mentioned section 2 of the Fraud Act to them. Above all I highlighted in bold text the fact that this was NOT about a section 78 request. This allows them to reply with next to nothing and continue harrassment. Surprisingly, they replied almost immediately. They admitted that they did not currently hold an agreement for the account. That although they could not threaten legal action they could suggest a settlement on the account. I replied thanking them for confirming there is no agreement in writing and declining their offer. Haven't heard from them since. Write to their compliance officer and ask them to confirm whether or not they hold and executable agreement for the account, as required under OFT guidelines

[coledog]

subbing

[chattanooga]

Looking for a quick piece of advice, I wrote to citi, now opus, with a full and final offer (roughly 5%) and included the following terms...

I will be released from any liability concerning this debt.

Neither you nor any associate company will pursue me for the remainder of the balance.

Any remaining balance will not be sold to a third party.

Any remaining balance will be written off and the balance set to zero.

All negative markers registered with all credit reference agencies are removed.

The account marked as “satisfied” with all credit reference agencies.

 

They wrote back and said they couldn't accept 5% but would accept a figure which works out as roughly 10% as full and final settlement, they used those words specifically but no mention of my other terms.

 

I'm quite happy to go ahead with the figure they suggest but I'm concerned it leaves me open to the remainder of the balance being sold on as the figure they suggest is not the same as the one on my original letter (hope that makes sense).

 

Any thoughts? Would it be safe to include a cheque with another letter again stipulating the terms and a note to say that they should only bank the cheque if they agree?

[BRIGADIER2JCS]

You have to reinforce your offer and make it plain that is on those terms only,this letter I would send RD.

[chattanooga]

So no cheque just yet? I should send them what is in effect another 'offer' letter with the amount they suggest they would accept?

[brokebutnotbeatn]

yes. Do not send a cheque until your demands are agreed to in writing

[chattanooga]

Fair do's, I had a feeling that was the right course of action but good to hear it confirmed.

 

Thanks

Edited May 16, 2011 by chattanooga
forgot the thanks...politeness costs nothing :)

[bsangar]

Hi,I have been sent exactly the same T&C from Opus cards for a BMI Baby card I took out in 1st Nov 2006. But they have also sent me 5 page CCA which has no signature. What do I look for in the CCA expect for signature which is non-existant ?I am new to this website - tried t oattached the docuemnt but couldn't figure it out .....Can someone with experinece please help ?Thanks in advance

[BRIGADIER2JCS]

There must be all the terms and conditions

of the original, and any varied T& C's your name

and address and theirs, you should have been supplied

with a statement of account.

[bsangar]

ok. I have 5 pages which appear to be the term and condition (no signature), it has my name and their name/address. No statement of account. Can they still use this to enforce the debt - considering the card was pre-april 2007 ?

[chattanooga]

Best start your own thread mate, saves some potential confusion.

 

To attach a doc, I upload it to photobucket (or similar) and link to that.

 

 

As an update to this thread (which I'd forgotten about, thanks bsanger )I didn't do the f&f because they never agreed to the terms. I'm thinking of trying again citing an imminent reduction in payments as a sweetener. The payment reduction is genuine because my mortgage will go up next month as has insurace and the general cost of living. Should be fun seeing how the creditors react to that

[chattanooga]

This account has now been sold to Cabot.

 

The notice of assignment seems reasonable.

 

I have no idea where Cabot get the 12% interest though. They state I should be continuing with my current arrangement which is a few quid a month with interest frozen. Nowhere does it say how to pay by standing order either:roll:

 

I really, REALLY baulk at the thought of paying Cabot a penny but they do actually have the correct balance which amazed me.

 

Any thoughts on how to play it? If Cabot genuinely are determined to charge 12% interest then I'm as well not paying anything.

[Nishikigoi]

I have no idea if they can sell a debt that's being repaid as agreed and then change the terms?