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


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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

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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... 

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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

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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... 

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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

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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... 

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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... 

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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

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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

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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

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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.

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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

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Why are Cabot & Morgan solicitors using the same address and land line phone number ? I thought they were based in Rugby.

 

Some stuff here.

http://www.consumeractiongroup.co.uk/forum/showthread.php?179886-Morgan-Solicitors-Cabot-s-new-in-house-litigation-department.

Edited by lowdown
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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

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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

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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

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Might be a dumb question, but how can there be an original agreement if it was an online application? By "original" do you mean the relevant version of the agreement that was applicable at the time the application took place?

 

:)

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Practice Direction of the CPR my a**e :roll: Thought I had given you enough training BL on how to deal with these nutters.

 

Regards

 

Andy

Edited by Andyorch

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Hi,

 

Sorry to butt in on your thread bradfordlad... but ..Andy are you saying that the above letter is not a "proper" Letter before Action?

 

 

 

I'll follow this thread bradforlad, am having to deal with them myself atm.:mad2:

 

 

 

Regards

 

Molly:-)

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Hi,

 

Sorry to butt in on your thread bradfordlad... but ..Andy are you saying that the above letter is not a "proper" Letter before Action?

 

 

 

I'll follow this thread bradforlad, am having to deal with them myself atm.:mad2:

 

 

Yes most LBAs are headed LBA and normally allow 7/14 days for any proposals from the debtor.

 

 

 

Molly:-)

 

Regards

 

Andy

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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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No worries Molly - any time!

 

Andy - I know, I know.....! I knew deep down it was , but I think I needed to hear it from someone else!! I think it's because it's the first account that's actually done anything since the BoI saga last year. So, the usual cobblers for now - I think I'll reply anyway with a CCA request, and SAR to see how much they fleeced me for in fees over the last couple of years :)

 

It shows the training worked though - my first thought was "which Practice Direction" and my second was, "why do Pre Action Protocols come into in when there's no hearing set" - maybe I'm getting the hang of it after all?!

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

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No worries Molly - any time!

 

Andy - I know, I know.....! I knew deep down it was boll*cks, but I think I needed to hear it from someone else!! I think it's because it's the first account that's actually done anything since the BoI saga last year. So, the usual cobblers for now - I think I'll reply anyway with a CCA request, and SAR to see how much they fleeced me for in fees over the last couple of years :)

 

It shows the training worked though - my first thought was "which Practice Direction" and my second was, "why do Pre Action Protocols come into in when there's no hearing set" - maybe I'm getting the hang of it after all?!

 

Sounds like a plan maybe even a CPR request if they want to quote legal before litigation:roll:

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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