DCA threatening CCJ - 1st credit & Citi financial

[silverfox1961]

Hi

Sending just terms and conditions mean very little. 1st credit could try the court route if they chose but I don't think they will.

 

I suspect that there should be more than two sets of terms and conditions as Citi varied them on a regular basis. I was with them for two years and have two sets of T's&C's.

 

I'm no psychic but I have a feeling that citi will send you your statements and any letters that you have sent them recently-nothing more.

They won't send you any comms logs, no default letters, no termination letters, nada,zip,zero-nothing.

In fact, I think they would have difficulty proving that they actually did default you or terminate the account. OOH, I'm getting another feeling-they will say that they had a systems purge in 2006 so cannot provide the information.

 

A bit too sarcastic??

[silverfox1961]

Hi,

This account was terminated in 2008 so Citi should have data going back to at least 2005(if your account was started before then). They should also be keeping the data for a period of 6 years from closure. They should have provided copies of your account history (not just statements)

 

I would be writing back asking for your account history and if they cannot provide it, a certificate of destruction. I got this comment from the Information Commissioner.

 

If information has been “purged” from a lender’s system and that information is more than six years old, this would be unlikely to breach the DPA. However if a lender had deleted information relating to an account that was less than 6 years old outside normal industry standards, this could potentially breach the adequacy requirements of the DPA. If an individual raised a complaint of this nature, we would expect the lender to be able to justify the fact that it had deleted information sooner than would normally be the case.

 

So, they need to justify their actions and if they can't (which they won't be able to) you can go to the ICO and complain

[silverfox1961]

In 2001 I applied for a Citi card and they sent me the card with two sets of the agreement; one for me and one to sign and send back. Somehow I forgot to sign the second form and send it back

 

My defaulted balance was around £250 but with all the charges on this is now around the £600 mark. I sent a SAR to Citi who failed spectacularly to supply all my data stating they purged the account history and of course they couldn't supply an agreement as there was none. They couldn't even supply me with a reconstruction.

 

My point is, Citi were so bad at record keeping and deleting data that they should have kept means that some debts will not be able to be enforced as they have no data to rely on.

Cabot have been very quiet with me since 2008.

[silverfox1961]

Blimey, this thread must be one of the longest ongoing cases here. I would have thought this would be Statute Barred by now. If so, you could let them know and if they are foolish enough to issue an SD then you can get it dismissed and probably claim some costs too