Citigroup - not obliged to give me my credit agreement??

[medievil2003]

Hey guys,

 

so i have been following the trend in asking all my credit cards for a true copy of my cca.... most of them have been fantastic in sending me the info even one MBNA giving me my £1 cheque back and supplying the documents anyway... thanks! (after thousands of £ interest i give them)

 

Anyway, i done the same to my Citicard - i sent the 1st request and they took forever to reply, when they did the response was a load of crap, so i sent them a second request thanks to a member on here supplying me with the template, they came back with the same answer (to keep it brief ill pick out the more important part):

 

1. A copy of the original terms and conditions of your agreement, including the original interest rates, applicable at the time of your application.

 

This copy agreement does not include the signature box, signature or date of signature as in accordance with Regulation 3(2)(b)(ii) of Consumer Credit (Cancellation notices and copies of documents) regulations 1983; we are not required to provide them.

 

What the hell is that parapraph about?? This is after 2 letters sent and now they say they will not help further as an adequate response has been given twice.

 

Any help as soon as possible would be fantastic,

 

thanks

[stressedmum2]

I can't help with your request, but could you send me the second letter template, I've been looking for it all morning without luck.

thanks

[postggj]

Citi that has the original credit agreement

 

that will be the day

 

a creditor can send a reconstructed agreement to comply with your cca request but to enforce

 

they need the original

 

if they had the original, why send a reconstructed agreement

[medievil2003]

hey guys, thanks for your replies.

 

so, even after my 2nd letter asking them for the true copy and them saying they do not have to give it to me but only give me a load of paperwork that says the terms and conditions but nothing i have signed for then shall i put my complaint forward to the FOS?

 

i will continue to pay as i am worried about my credit history....2 letters asking them for the CCA should be enough.

 

Is this going to be a tough fight? lol! or is that a silly question.

[postggj]

no agreement means the creditor cant enforce

 

but the debt still exsists

[dpick]

Hi I would send them a copy of this or include it as part of your letter as above.

 

Dear Sirs,

 

Thank you for your letter dated nn/nn/nnnn.

You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

 

Dpick

[medievil2003]

ok, if they cant enforce is and the debt still exists - does this mean it cant be wiped off but we come to an agreement?

[silverfox1961]

You can try the fos but the words "chocolate teapot" come to mind

 

When I complained about exactly the same thing, all the fos managed to get me were the T's&C's NO agreement, nothing.

 

As for getting anything else out of Citi. You will be very old when that happens.

 

They even sent me a letter saying that as my debt was with a DCA, they had no obligation to supply the agreement as the account was closed.

[medievil2003]

dpick, we posted at the same time so this reply is to you.

 

Thank you for that - i shall be posting that to them today!

 

Ill keep you posted... but i doubt their response will be helpful.

[medievil2003]

Hey, Just to bump this up with an update.

 

I have asked and asked and asked for them to supply me with my actual credit agreement - they keep on sending me the same letter as they sent previously with the same terms and conditions of my agreement, nothing else. How the hell can this be legal!??

[nicklea]

because the law says that it's legal and the courts have also said that it's legal

 

Another approach would be to send a notice under section 10 Data Protection Act and then take them to court when they - invariably - fail to respond.