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    • Letter received from Cabot - "Unfortunately  do not have relevant information on file" Requesting from original lender. Will write within 12 days with an update. Requesting I get in contact to make a plan. Suspect they will get a CCA from Lloyds so ned to think of how to proceed if they do supply one.  Lloyds did cancel the credit card and accepted £5 per month and no interest. Do not want to pat the DCA.
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    • the van was stationary when hit..... sorry end of the matter.   it doesn't matter he p'haps  'did something wrong'  its like say running a child over and saying well if he didn't run in the road he wouldn't of got hit.... you should not have been driving in a manner be it legal or not, whereby you could not take the necessary actions to avoid it.   so where do you now stand, what is not resolved to a manner which you feel this is unfair to you...
    • I agree with HB that you need advice from a specialist solicitor. There are potentially Inheritance Tax issues here and your father's dementia, if it means that legally he no longer has the mental capacity to make decisons is a further complication. Do you hold PoA for your father?   Your planning assumes that your father dies before your mother but it may not happen that way. A solicitor will draft Wills to deal with either eventuality.   If your father dies first and your mother wants to sell her house there's no need for her to first transfer it to you to sell it on her behalf. I'm sure she could give formal authority to you to sell it on her behalf, a solicitor could draft the necessary authority.    Alternatively, and possibly better, would be for you have formal Power of Attorney. Again you need a solicitor's advice. I sold my mother's house under PoA when she lost mental capacity through dementia. She needs to sign the PoA while she still has mental capacity.   Is your father currently sole owner of the house they are both living in?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
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Citi-Cabot-Herewego!!!


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my OH recently received a letter from Cabot telling they had bought account from Citi, NOA of same date arrived in same envelope - wot a surprise!

 

Cabot letter says should still deal with DCA who had tried to recover for Citi - is this allowed?

 

OH is going to send CCA request, should this go to Cabot?

 

Plenty posts regarding antics of this combo, so want to want to set off on right foot, any help / advice welcome.

 

SH :???:

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Hi,

I gather from your first line that you have read a bit about Citi and Cabot:-)

 

The CCA request should go to Cabot and include a £1 Postal Order(which they will send back)

 

Dependant on how old this account is will determine whether you get an agreement back or not. Citi are not known to be forthcoming with agreements.

 

There are plenty of us in the same boat as you so you are in good hands

 

Fox

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

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Thanks Fox, didn't expect such a quick response but much appreciated.

 

Letter is drafted, it'll be addressed and mailed tomorrow.

 

Is there any reason why postal order is preferred to cheque?

 

SH

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It has been alleged that some unscrupulous DCA's will take a signature from a letter OR CHEQUE and photoshop it onto a blank agreement. Now I would never suggest that Cabot(or Citi) would stoop that low:| but better safe than sorry.

Make sure the letter goes by Recorded Delivery as we have had reports that DCA's are denying receiving letters sent by normal post

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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

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as siverfox predicted, they've returned the postal order

 

interesting that they say they've had to refer back to citi for the agreement, now shouldn't they have made sure they got this from citi when they bought the alleged debt? cant wait to see what it looks like (pre 2000!)

 

to further highlight their ineptitude, they cant even get the balance right, having conveniently forgotten the payments the OH had been making to previous citi DCA.....no surprises there.

 

they say they'll write again if not able to supply within 12 days, who cares, it's their time /money they'll be wasting........tick, tock, tick, tock.....

 

i'll keep you posted

 

SH :lol:

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  • 4 weeks later...

a quick update.....

 

cabot couldn't produce any kind of agreement within the prescribed timescale, so the OH sent the 'account in dispute' letter off.

 

they've written on several occasions since advising that OC is having some difficulty locating the agreement (i'll bet!) and because the alleged "debt remains legally due" (based upon what exactly?) they recommend that OH contacts them to arrange payments ...needless to say OH declined and we'll wait and see what the agreement says!

 

they seem intent on reporting to CRA's, so will be having a look at that shortly to see if anything underhand is going on.

 

in between all that, had a letter from the original DCA (CDUK) protesting that OH should contact them to make arrangements to pay them, seems like their client had cut them out the loop!.....sent them a 'bemused' letter.

 

early days and already lots to complain about.......

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They are quite correct when they say the debt is due. They just can't enforce it via the courts.

 

Reporting to your credit file is allowed. So long as what they are saying is a true reflection of the account, there is nothing to be done about it

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

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hi fox,

 

without a properly executed agreement, DN, TN, DOA, etc, cant see anything which entitles cabot to anything at this point, so we are inclined to just sit back and wait and see, what do you think?

 

'tween the 3 of them (citi/cabot/cduk), i'm sure the hole will just get bigger & muddier.

 

cheers

 

SH

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They will continue to try and make it even muddier sHa_biggrin5.gif

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Its against the OFT debt guidelines to have more than one debt collector chasing the same debt, you might want to make a complaint to all three nearest trading standards and the oft about it.

 

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  • 1 month later...

Well they (cr*pbot) eventually sent a reconstitured version cca, no mention of why it has been reconstructed or whether they actually hold the original executed agreement, which seems highly unlikely since this was originally an associates account which was later taken over by citi. I have sent letter informing that I still consider account to be in dispute.

 

Still no sign of the DOA - they have informed that this is a sensitive document and is not available to me, is there any way of extracting this from them without having to go through CPR (or scot equivalent)? I queried the authenticity of the 'noa' which was attached to their original letter of introduction, asked them to provide copy from citi, still nothing. I wouldn't have thought that this was sufficient although they still assert that they have proven they now own and are legally entitled to enforce this account - can anyone advise?

 

They're now threatening to instruct an external DCA or solicitor to commence legal action (see attached), has anyone had similar, is this another standard threatogram or should this be taken a bit more seriously?

 

They've also stated in a recent letter that OH signed the agreement, although continue to refuse to provide a copy, which I understand may be breach of CPUTRegs, can anyone confirm and how best to deal with this?

 

Comments & advice always welcome.

 

Cheers

 

SHcabot-0055.pdf

Edited by Sare Heid
correction
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Hi gettingsorted,

 

Will watch your thread with interest to see how you get on.

 

Have you had a letter similar to the one I attached in post #14?, not quite sure how seriously this should be taken or where to go from here.

 

Cheers

 

SH

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Not had that one yet ! probably the next one as in the last letter they said they would not discuss the matter any further.

Its good to know (well not good but you know what I mean) that there are other people fighting the same battle as I am ! Keep us all posted.

:roll:

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Citi are distinctly lacking in the paperwork department - there are a number of us in this situation here and on the Citi forum. I am waiting for them to put one of these agreements in front of a judge! I would not worry but it may be worth a SAR request to Citi -details below (I presume it is a Credit Card) and template attached to post

 

SAR Request

 

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one.

 

Send to:

 

The Data Controller

Citi Cards Services

CitiFinancial Europe plc

PO Box 49920

London

SE5 7ZF

General SAR template.doc

At your Service

 

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