Jump to content


  • Tweets

  • Posts

    • as you mention the bpa sounds like its a scummy private car park lot blue badges mean nothing on private land anyway.............. so a failure to display something that is meaningless on private land anyway is a money grabbing scam moved to the private parking forum dx dx
    • who is it from  a council or a private parking company?
    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Opus [ex Shell credit card issued by Citibank] and Cabot


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4469 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

a few years a go I took out a Shell credit card administered by Citibank.

 

I had a letter the other day to say the account (with a NIL balance) had been selected to be transferred to CCAM - and that CCAM wanted the account to be closed/ended/terminated (choose your definitiion here!)

 

Just wondering if this is legal?!!

 

Been reading a thread about Egg doing this a couple of years ago which was interesting.

 

Anyone else had this and is there a "CAG opinion"?

 

For the record, the feeling on the Egg forum was that they'd made a bit of a b*lls up and terminated illegally, thereby "writing off" the balances on those peoples cards.

 

If that is the case, I'm going to spend spend spend before it ends next month!!!!

 

Any thoughts?

 

BL

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

yep but you've not got a bal

so they cannot illegally terminate.

 

they cant send a default notice on £0 owed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ah, but I've now got a balance cos my car's just come out of the garage & I needed to pay a bill of......£900!!! The citicard is the only one I had that was ok to use so I now have a £900 balance on it.

 

SO - when that account terminates would they have closed it illegally?

 

:)

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

if your card is working the a/c is not terminated.

 

??????

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry, I just realised I missed a vital point in the first post!

 

To make it clearer, I've scanned the letter. Ignore the littel credit balance - thats now £900 in debit!

 

citi1.png

 

citi2.png

Edited by bradfordlad
forgot to add letter

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

nothing wrong with that.

they are giving notice that you cannot spend more after 12/05/2010.

and the agreement continues on a repayment basis until the bal is cleared, then the agreement is closed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

zo'k

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

Hi all,

 

not looking forward to this one, but due to unforseen circumstances - Citi will be getting £1 a month for a good while.

 

The card was actually taken out as a Shell credit card a couple of years ago, so it was (if I remember rightly) an online application.

 

I get the feeling they will come in heavy from what I've been reading.

 

Anyone have any advice for me?

 

Cheers

 

BL:cry:

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

My advice, don't take any sh*t from them.

Citi are one of the banks that don't do a lot to help. I would go as far as to say they are the worst

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

Link to post
Share on other sites

Much outstanding on it?

 

Just under £5k. Does that make a difference?

 

I think what I'm most bothered about is that the CCA is unlikely to be duff as its quite recent, and if they get the DN right (which the odds are they will) then they've got me banged to rights

 

My other creditors have all messed up 1 way or another so feel happy to fight those, but its just my luck that the worst of them all is likely to have a valid argument!

 

Cheers

 

BL

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

My advice, don't take any sh*t from them.

Citi are one of the banks that don't do a lot to help. I would go as far as to say they are the worst

 

Yes, Citi do have a special place in many peoples affections.

 

But after dealing with them, and a number of others it can put things into perspective. After all at the end of the day, it's only money.

 

Previously money had value, but the link with a tangible asset such as gold has been long severed. In fact our currency in Pounds Sterling is backed by nothing accept securities (paper backing paper), a central bank can therefore create money out of thin air, and more recently i've come across documents that commercial banks can likewise create money without partificipation of a central bank (got Deutsche Bank documents).

 

So whilst it serves a purpose, and can be nice to have...... don't get mega stressed about your situation.

 

Banks and debt collectors will deploy all manner of intimidation and harassment to get funds out of you, but once you know your stuff they tend to leave you alone. From the point of view of phonecalls, if you get inundated, the Protection From Harassment Act can come into play, and Trading Standards are normally willing to help. Companies also don't like complaints going into the Office Of Fair Trading -- let the credit know if you send any in regarding harassment.

 

If you are unable to make your repayments the company should be willing to accept your token payment of £1. Institutions are meant to be understanding of those in financial trouble, albeit don't expect this from Citi. I would suggest that it might be worth contacting someone such as the "Consumer Credit Councelling Service" who would help and act as an Intermediary.

 

From the point of view of Citi, I would request the CCA for your own purposes, though if they have a record of an online application your agreement by a "x" would probably be adequate proof that you entered into an arrangement with them.

 

Maybe not exactly what you wanted to hear, but hopefully a step in the right direction.

 

The main thing is if they apply pressure, bat it off, and if you need any help post here or PM us.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Link to post
Share on other sites

Thanks for your input Enron :)

 

I'm fortunate (if thats the right word!) to be much further down this path with some other creditors, so hopefully there'll be no surprises.

 

Citi don't have my phone number (recently changed it) so not concerned about phone calls.

 

I think what I am MOST concerned about is the..charges, interest, default notice, solicitors letters, Court claim paperwork.

 

Fortunately, none of my other debts have got as far as this (at least with a VALID claim!), BUT - if it did get to court, and everything was valid in respect of paperwork etc, would I still ADMIT the claim, or would I defend it (and if so on what basis?)

 

Our biggest fear is CCJ...Charging Order...Order for Sale. ANYTHING else we can cope with because as you say, it's only money (real or otherwise) - but losing the family home - thats a definite no-no.

 

I guess I'm like everyone else on that front - and for some reason, none of my other credits scare me as much as citi.

 

:eek:

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

Ouch, I think you are probably correct in that the paperwork is very likely correct. But you could still request a copy anyway.

 

Enron's summary of Citi is mild to a lot of other comments I have read:D

 

Unless there is a serioius issue with the paperwork then I cant see how you would defend should it come to that.

 

I guess irresponsible lending, if they were aware of your financial situation and still gave you credit. But I would imagine all you would get out that is possibly a DJ that would allow you to pay off the debt at your own speed.

 

Do a search for

Unfair Terms in Consumer Contracts Regulations 1999 (the 1999 Regulations)

See if there is anything in there that would be useful

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 1 year later...

Hi everyone,

 

received a letter from Crapbot - the first I've heard for about 5 months!

 

By way of history - I had a Shell credit card issued by Citibank. Apparently, citi sold their debts to Opus, a division of Bank of Scotland. Can't remember when the ciiti card started, but I believe it was an online application, altough I could be wrong.

 

We hit hard times about 18 months ago, and had to stop payments to all our creditors - most of which have either disappeared or we are paying small payments to them.

 

I haven't done anything with this account since I first contacted them (citi) - I advised of the situation, asked them to accept token payments. They refused, I wrote back saying "well I can't afford any more so the offer is still on the table" although I didn't actually start sending them any money.

 

I'm going to refresh my memory by going through the file this weekend.....

 

The letter from Crapbot is:

 

Dear Mr xxxxxxxxxx

 

Litigation Recovery Notification

We previously advised you that if you didn't repay your outstanding debt to Crapbot, we would take further action. Therefore please take this letter as notice that we will forward your account to our litigation department, Morgan Solicitors, who will contact you within the next 7 days to collect the outstanding amount.

 

If you wish to stop this action from occurring, please contact us on 0845 0700 769 as soon as possible to set up a sustainable repayment arrangement and ensure your account is cleared, whilst taking into account your personal circumstances.

 

Lots of love,

 

Lindsay Thompson

Senior Recoveries Manager

xxxx

 

 

Is this the usual threatogram, or do they mean business?

 

I don't think I've ever requested a CCA from them, so that is going to be my first letter and of course I'll keep this thread up to date.

 

Look forward to advice and also to see if anyone else has had any similar dealings :madgrin:

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

Well, not a lot to tell really!

 

It appears that Crapbot may have bought this debt from Opus - if that's the case, shouldn't there have been some sort of correspondence advising me of the sale?

 

Can anyone point me in the direction of some reading regarding Assignments? I've done all variety of searches but can't find anything that spells out a) what the legal requirements on OC's & DCA's when debts are being transferred/bought, and b) what the legal implications are if such transfers/sales are not done correctly.

 

Cheers :)

 

BL

Edited by bradfordlad

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

Thanks for the links asokn, they are some seriously wordy subjects!

 

I'm interested in the requirements of the OC and the DCA in particular. From what I can see;

 

1 I must be informed by the OC that the debt is going to be / has been sold (not sure if it matters when)

 

2 The Notice of Assignment must be sent by registered post/special delivery if it is to comply with the Law of Property Act 1925

 

3. If points 1 & 2 have not been done, then they haven't got a leg to stand on?

 

 

When it comes down to it, I'm just not sure whether this latest letter from Crapbot is something to worry about - the last letter I had from them was dated early June 2011, so I'm clearly not high on their list of priorities!!!

 

Cheers

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

I think that Bateman v Hunt deals with your point 1; it doesn't matter if you are told by the OC or the new creditor. The *assignment* must be under the hand of the OC but the *notice* can basically come from anyone.

 

As for your point 2, you may be assisted by Kinch v Bullard.

Link to post
Share on other sites

Had a letter from the nice people at Morgan solicitors this morning.

 

Excuse the shadow of my hand taking the photo!

 

SO - is this a standard letter? I'm concerned about the references to Practice Directions, Pre-Action Protocols and CPR. Having said that, I was reassured by this short thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?311724-Practice-direction-to-the-pre-action-protocols which summed up my suspicions.

 

 

Also, I'm not sure where I stand as to the points a-f on page 1. Opus took over the debt from Citi, so I'm assuming they bought the rights and obligations too.

 

Who should I send my CCA request to? Morgans, Crapbot, Opus or Citi???!!! Could do with a bit of clarification regarding the CCA anyway, as this was a relatively recent card (2007ish and I believe it may have been an online application) so do they still have to supply a CCA or would I be better with a SAR?

 

Then there's the question about the assignment, or lack of it. I'm still non the wiser as to when or how it should have been delivered (despite doing my best to follow the cases posted earlier).

 

Thanks as always for any guidance :)

 

BL

 

FRONT

Morgansolsletter-1.jpg

 

BACK

Morgansolsletter-2-1.jpg

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

Your CCA request should be sent to the current owner of the debt.

 

SAR request, will need to be sent to the original holder of the debt.

 

I would send the standard template letter to the current owner of the debt, copy in Morgans, then wait to see what arives.

 

Dont forget to make clear that the fee for the CCA must not be used for any other purpose.

 

Did you receive a Default Notice from the original lender, just after you got into dificulty.

 

Vint

Link to post
Share on other sites

Cheers vint,

 

I did receive a DN, and it looked absolutely fine - I'll dig it out & post a copy here for the record....

 

Can I ask, what exactly is the situation with regard to CCA's when the account was opened online after the change in the Consumer Credit Act? Obviously they won't have one with my signature on, so what will I be looking for when one is produced, and what if any is the situation if they don't/can't produce one?

 

Hope that makes sense?!

 

Also, is it worth making a fuss about the fact that I've never been made aware of any assignment?

 

Cheers

 

BL

Edited by bradfordlad

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

Link to post
Share on other sites

Hi bradfordlad,

 

Just remember to remove your details when you post the DN, but the dates are critical.

 

If the account was opened online recently, then a signature is not required, just a tick box. They will just need to produce the online agreement. It is however, the original agreement that you are looking for.

 

You should have been informed about the assignment, so yes you should ask for the notice. They will be able to rectify this though.

 

Vint

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...