Topcat72 v Citicards

[topcat72]

have just posted my SAR, so started a thread just in case i need any help in the future...

[topcat72]

have also CCA'd 1st Credit who they passed the debt over to.

[topcat72]

well theres a relevant post!!!!

[ims21]

Spammer got through...should be sorted now

[topcat72]

still nothing form either Citi or !st Credit. Citi do have another 10 days or so to reply to the SAR, but 1st Credit are now in default. CCA Account in Dispute letter to go tomrrow, and payments have been stopped.

 

an it turns out that the £1200 Lloyds quoted was actually £4100! it was £1200 or so for each account i had, totalling £4k!

[topcat72]

Decided to ring them to find out why I hadnt heard anything from them, and it turns out they sold all their credit card business to Opus, even the accounts that had already been sent off to a DCA.

 

I've sent a SAR to Opus and raised a complaint with Citi asking why they didnt return by postal order if they knew they didnt have my records.

 

And as far as the DCA is concerned, they failed to respond in any way to a CCA request so theyve had the letter putting my account into dispute. Still havent heard anything but I expect I will once they realise i've also cancelled my direct debit.

[the_shadow]

Citi one should really have passed on your SAR to the new data owner I would have thought

 

As to the s77/s78 request you'll probably receive a letter next week stating that they are trying to get the agreement back from the OC (good luck on that, this is Citicards after all ) but it'll state clearly you should continue paying otherwise they'll mark your credit file accordingly.

 

S.

[topcat72]

my response would be to let them mark it! my credit record is screwed up enough as it is, one more entry wont make any difference

Edited June 13, 2012 by topcat72

[the_shadow]

my response would be to let them mark it! my credit record is screwed up enough as it is, one more entry wont make any difference

 

yep, know that feeling

[topcat72]

Have got a letter from Opus saying that they either didn't take the data in the first place, or if they did, they don't have it now.

 

So it was back to Citi to find out whether my data was transferred or not. When I rang them and I given a number for Citi Financial who I'll ring tomorrow, as they keep office hours only

 

Are there any legal limits on how long they have to keep the data for? I know they bang on about a 6 year limit, so assuming I have data from within that period, should i expect it to be held somewhere?

[the_shadow]

Data should be retained for 6 years after the account is closed according the money laundering regulations.

 

The company that is currently marking your credit file is the current data controller and imho the ones who should be providing all the info in regards a SAR, I think you should threaten Citi with a complaint to the ICO if they dont play ball and advise them you will be reporting both them and opus to the FOS as clearly neither of them are sure where the hell your account records are, shocking state of affairs imho.

 

S.

[topcat72]

after a phone call to Citis UK customer service department it turns out that not only did citi still have my original request, they also do still have my records. their excuse is that they are so snowed under they arent able to respond quickly enough to all the requests.

 

she also told me that because i have moved address since my account was moved to a DCA i will have to provide proof of my new address, and they also werent happy with the blank postal order i sent them, so id need to provide a cheque made out to citifinancial, and they will return my postal order.

 

im going to send them what they want, with a letter giving them 14 days to respond and provide my data, or i will be starting legal proceedings for non-compliance with my original SAR.

 

but at least i know who im up against now!

[the_shadow]

but at least i know who im up against now!

 

Theyve never been fantastic at responding to a SAR, they will claim and the ICO will possibly back them up that the SAR applications 40 day timelimit doesnt start until they receive the full request..i.e the application, the form of payment and proof of address.

 

S.

[topcat72]

Fair enough!

[topcat72]

1st credit have replied, with a pile of statements. and a nice little surprise. a set of someone elses statements.

 

i rang them to find out why they had sent me the statements and it turns out that it is in response to my CCA. they, apparently, send statements out and then wait for citi to provide the CCA.

 

does anyone have any advice as to what i do with the other persons statements? my thought would be to send them to the other person with a covering letter explaining what has happened. any suggestions?

[the_shadow]

You should make a complaint to the ICO about the lapse in upholding the data protection act. This can be done online at the ICO website, its just a word document to fill out and return by email.

 

 

S.

[topcat72]

Well, have finally got my statements, and they go back to 2002.

 

They have said they dont have my original application form and agreement, so have not included them in the docs they have provided. 1st Credit have not even been in touch in relation to the account being in dispute, and with this admission I dont think they have any chance of getting any money from me in the future!

 

My question is, I am able to claim back my charges going all the way back to 2002?

 

There is also a sizeable chunk of PPI and i will be making a seperate claim for that.

[ims21]

My question is, I am able to claim back my charges going all the way back to 2002? [/quote

 

Yes you can...you will need to use S32(1)© Limitations Act 1980 (Payments made under a mistake) to get around the six year business.

[topcat72]

only had the standard "we are looking into it" response for the charges claim, but theyve agreed to pay my PPI in full!

[topcat72]

Still no response in relation to the charge claim, so LBA going off tomorrow.

[topcat72]

Muppetry.Sheer muppetry.

 

Citi appear to have passed my original complaint to Opus who have responded saying they dont hold any of my information. Which Citi already knows because Citi were the ones who responded to my SAR (eventually!!) and provided my statements.

 

Citi appears to have sold the accounts to Opus in March 2010, whereas my account became inactive due to my financial issues in January 2008.

 

Do I bother trying to find out why they did this, or should I just carry on and file as they are now outside the 14 days on the LBA?

[ims21]

If they are outside the 14 day lba time limit then you are free to file.

[topcat72]

A while ago i went through all my debts and reclaimed PPI and charges and managed to wipe out all of it apart from one debt that was with a collection agency.

 

With this one i wrote and asked them for a copy of the CCA under which they were enforcing the debt. They replied to say they do not have that document, and it was not provided to them when the debt was passed to them.

 

I also issued a SAR to the original credit card company, and the returned documents included everything (not just statements but computer records as well). When I asked for a copy of the CCA they said they no longer had it.

 

It has just occurred to me that as the DCA have never had a copy of the CCA, they have not been able to enforce depayment since they took over.

 

Does this mean that I can request for all the money paid to the DCA to be refunded?

[topcat72]

Whoops, forgot I had already started a thread in relation to this debt.

 

Am moving this over there....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?345628-Topcat72-v-Citicards

[topcat72]

Time to resurrect this thread!

 

After sending LBA, I didnt get round to filing my claim with the court, so I'm going to start again with my first demand.

 

I have also heard nothing from the DCA in regard to my request for the CCA, apart from a letter saying they were not provided with the CCA when the debt was transferred, and, more recently, a statement of account (which is what reminded me that I still havent finished with this people!)

 

I also have a question about this:

 

If the DCA didnt have the CCA from the start, are any amounts I paid to them refundable?