Citi and Cabot

[sequest]

I requested copy of agreement under S77/78 from Citi in late 2008.

No agreement was forthcoming although they did send a copy of their current terms and conditions Approximately 6 months ago I also sent a request under CPR 31.16 for copy of executed agreement.

I received a letter referring to my S77/78 request to say they were investigating matter and to give them 8 weeks. This passed without any agreement being forthcoming until last week when a reconstituted

agreement was sent, not a signed executed one.

 

In the meantime my account was passed to a DCA for collection.

I informed them that the account was in dispute but they still pursued the debt.

In July, while the account was still in dispute, the account was assigned to Cabot and an enclosed letter from Cabot states they have BOUGHT the account from Citi.

 

Does this constitute an illegal termination?

Edited September 5, 2010 by sequest

[bazaar]

was there any DN sent prior to this?

If the dates or amounts were incorrect, then its possible to accept their termination.

[sequest]

Hi bazaar.

 

Thanks for response. I have not received a DN.

I was not sure if a termination occurs when the OC sells the debt on. Furthermore, the debt was sold on when the account was in dispute and was acknowledged to be so by Citi.

[bazaar]

so it is still in dispute and they appear to have terminated

[bazaar]

if the account was definitely sold as absolute assignment, then it must have been terminated, so youve accepted that termination,

they cant ressurect it.

[sequest]

The letter informing me that the account was sold to Cabot came at the end of July, when the account was still in dispute, as Citi had failed to supply a copy of the agreement. A 'true copy' of the agreement was only supplied last week.

[bazaar]

OK, so they havent actually started court proceedings?

So SAR the original creditor, be specific and ask for executed agreement along with FULL account history and statements etc.

You can always write to cabot and tell them the account was in dispute with OC and they have now terminated the account by selling it on. So deny owing them any debt or rights on it

[sequest]

Thanks bazaar - will do.

No - they have not started court proceedings.

[bazaar]

great, post back as soon as you hear something GL

[silverfox1961]

Hi,

Depending on how old this account is will dictate what you get back from Citi. They are notoriously bad at supplying info

 

Highly unlikely you will get a copy of your original agreement, terms and conditions and account history.

 

Citi are also very bad at giving DCA's any information. Any Notice of Assignment would have (in all likelyhood) come from Cabot.

 

I am 2 years down the line now waiting for Citi/Cabot to supply my agreement-not even a reconstituted pile of poo:|

[sequest]

I had to wait nearly 2 years for a reconstituted agreement, so I really wouldn't expect too much from them, certainly not a copy of an executed agreement.

Edited September 6, 2010 by sequest

[babydoll0141917]

took 16 months for 1st credit to supply my recon aggreement just pages and pages of T & cs no sigs..Citi sold to them ..had a notice of assignment but came in a 1st cred envelope Mmmm lol

[sequest]

UNLAWFUL RECISSION

 

I have been checking through correspondence and have found a Default Notice and Letter of Termination.

The DN states arrears which are incorrect because they included interest which should not have been added due the Account being in dispute.

The Termination letter also states incorrect amount due for the same reasons.

Furthermore, the account was sold on whilst still in dispute.

 

Can someone please confirm if this is Unlawful Recission and, if so, should I acknowledge this.

If it is unlawful recission and my next move should be a letter of acknowledgement, can someone please show me where I can find an appropriate letter to write. Should this be sent to the DC or the OC, or both.

[silverfox1961]

Morning,

I have been checking the CCA 1974 and all I can find is that they are not allowed to enforce the agreement while the dispute endures. It says nothing about not adding interest and charges. Hopefully someone else can help my knowledge on that.

 

Since the dreaded McGuffick case, anything short of an actual judgement is not classed as enforcement

[sequest]

Under CCA 74, while an a/c is in dispute:

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.