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Citi/Cabot cannot comply with CCA


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Hi, on 27th May I received a letter from Cabot "welcoming" me as they had bought the debt from Opus Credit Card - I presume this was at sometime transferred from CitiCard to Opus but cannot find any documents relating to that.

 

I sent a CCA request and a "stop harrassing me on the phone" letter from the library on the 3rd of June.

 

I received a letter dated 6th June saying they would go back to the original lenders - copy attached. Then another letter dated 20th of June saying they can't find anything yet and they know they haven't complied with the timescales - copy also attached.

 

From other threads on this forum, it appears this means they can no longer enforce the debt even though it still remains due.

 

Have I understood this correctly? Is there any relevance to them returning the £1 as they did not accept the statutory fee? Also what do I do next please?

 

Many thanks in advance.

CitiCard CCA response 1 - anonymous.pdf

CitiCard CCA response 2 - anonymous.pdf

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Hi

In respect of the postal order, this is normal practice and is of no consequence.

 

While they cannot supply the agreement, they canot enforce it. If they provide the agreement at any time in the future (up to 6 years) they can recommence collection.

 

They may, in the future supply you with a reconstruction of what your agreement looked like but generally Citi just supply terms and conditions which mean very little

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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Thank you very much for your reply and clariication.

 

Do I need to send them the dispute letter from the library or do I just ignore them now until/if I hear from them again?

 

Your choice. I tend to let them know that I know the situation rather than just waiting for them to comply

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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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thank you Silverfox for your reply, I'll send the failure to provide a copy of the agreement within the prescribed timescale letter today as I also prefer to avoid ambiguity.

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  • 1 month later...

I'm sorry for the delay caused by house repossession and my wife being diagnosed with cancer in the last few weeks.

 

I sent the "account in dispute" letter on the 29/06/11 with a proof of delivery on 01/07/11.

I received the attached in reply. Some of the dates appear to me to be strange and wonder if they prepared this before I sent the dispute or after? Either way, please will someone help me with the following questions?

 

Q1. They say they have complied with my request but have they sent the corect information?

 

Q2. Page 2 (dated 15/06 says they have fully complied and will not enter into any further correspondence. Can they do this? The rest of that section just appears to be T&Cs

 

Q3. Page 8 (dated 21/06 appears to be a copy of the section referred to in Q2 but with a different date. Any ideas what this might be about?

 

Q4. Page 14. This is stated to be a copy of the agreement. However, there are no dates or indeed anything to indcate that it wasn't plucked out of thin air by someone , eg signature, acceptance. Is this in fact acceptable?

 

Q5. Page 25 shows this was requested on the 21/06 but then page 26 shows a statement date of 29/06. Is this relevant to whether this was processed before or after my dispute letter or an irrelevant detail?

 

Please, any help and assistance I can be given will be appreciated as I really am getting drowned by everything going on and not sure which way to turn anymore :(

 

Thank you

NGAC

CitiCard CCA response 3 - anonymous.pdf

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A bump for you.

 

As far as I'm aware, the recon can satisfy a sec 77/78 request, but is still of no use in court, they will have to produce the original.

I have a letter from Citicard stating that they do not have my agreement.

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