Citibank then Opus then Cabot .....Help!

[allison6564]

Whew I'm on a roll here...also just wanted to mention if I'd never read Linda Franklin's book on debt I would never of had the courage to do all this !!

 

Right second debt was originally with Citibank...we had been with them since about 94 and no problems at all then bang recession, business problems and bereavement in 2010.

 

Now these were a bit better after I contacted them in July 2010 they did charge £857 in interest but put the account to 0% fairly quickly. I was again though bullied into paying way far more than I could afford as they were sent a full financial statement etc but somehow convinced me to pay £174 per month. Then in Aug 2010 I realised I just couldn't afford this much and so wrote to them again with financial statement telling them all I could afford was £80. After some messing around a standing order was set up and agreed for the £80.

 

in Dec 2010 the account was then passed to OPUS wjo wrote to me agreeing to the arrangement etc and in Jan 2011 I have a letter stating "We can confirm that an informal arrangement has been set up for £80 per month with the interest rate reduced to 0%. The agreement will remain for the remainder of the balance or until your financial circumstances change"

 

A standing order was et up for this and my health at this point was worrying me and so I thought all of the debts were being paid. Looking back on my file I can see that the first few payment went rhough but then stopped! I am going to have to check my bank account tomorrow to see what happened but I know I would never of stopped them. So the first few payments went through then they seem to have stopped around April 11.

 

Then in Nov 11 the debt was passed to Cabot who I contacted and again was convinced to pay £250 way too much but I agreed.

 

I have been paying this until Jan this year when we realised that we were paying out over £1000 in agreements each month but when we done our expenditure etc there is just no money left after essentials...no wonder we are thousands overdrawn at the bank.

 

I know this is all going to make me look so stupid but I have been burying my head in the sand thinking they were all being sorted.

 

I wrote to cabot in Jan with a new statement and I've also asked them for a copy of the CCA.

 

I had a reply saying that they do not have it but have asked the orginal lender for acopy and it could take up to 40 days. They also said that the Deed of Assignment is confidential between them and original lender but that a Notice of Assignment was sent o me on 18 Oct 2011 ... I don't have this and I file EVERYTHING!

 

So not sure about this one and what to do.....please can anyone advise Thx

[theoldrouge]

Is this for a credit card? if so Dont worry about cabot,send ac in dispute letter and NO CCA=NO PAY, Ive been waiting over 3 years for my CCA from citi via cabot!! doubt you will ever get one fom 1994. Also any PPI or charges on ac? well worth reclaiming Citi have sold the ac so will have to give you refund

[theoldrouge]

and I forgot to say Stop giving DCAs I and E statements its none of their business!!

[zydeco]

I'm in no way an expert on this but one point,

 

I wrote to cabot in Jan with a new statement and I've also asked them for a copy of the CCA.

 

I had a reply saying that they do not have it but have asked the orginal lender for acopy and it could take up to 40 days.

Well they've got 12 + 2 days to supply the cca then you send the dispute letter,

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

And until they provide a compliant cca you don't pay.

[Sidewinder]

Almost guarantee that there is no CCA for this. Opus bought up most of the Citicard accounts and weren't too precious about paperwork by all accounts!

[allison6564]

Thanks guys that all sounds very positive , I will send off the letter regarding them not sending my CCA and see what happens with this one. I ahve numerous debts and have to dela with them all differantly so my head is just bursting at the moment but this time round I'm determined not to let them make me ill and fight them as much as I can. I ahve posted about our two MBNA cards and wanting to try and offer a Full and Final, its on another thread as I wanted to keep them separate to stop me getting confused..my files are huge now!

Today I'm going to tackle BArlcaycard (two accounts) as they are constantly ringing our house and sending nasty letters ...will post in a bit about these.

Thanks again for the help and I'll keep you posted x

[mikeymack2002]

read and send http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

[allison6564]

Hi Mikeymack done today!! sent off two of the above letters to both Barclaycard accounts...today received response from one of them when I got home saying they will sent CCA ASAP!!! But that's on another thread the Barclaycard ones lol trying not to confuse myself x

[allison6564]

sorry getting confused already didn't start another post browsed on here and found the letter and had already sent off CCA requests so thought send the letters re calls and then can have about a week respite from them...all a big juggling act this ...I'll get there

[mikeymack2002]

Re: CCA they only have 12+2 days to respond so not long ro start the ball rolling taKE CARE TILL THEN AND COME BACK TO US

[allison6564]

Are Cabot legally obliged to send me a copy of the Deed Of Assingment? In my last letter they say the won;t as it is confidential between them and original lender?

[daverules]

Are Cabot legally obliged to send me a copy of the Deed Of Assingment? In my last letter they say the won;t as it is confidential between them and original lender?

 

They are correct, they do not have to show you the Deed of Assignment, you would only receive a Notice of Assignment, the Deed

is between the OC and them.

[Sidewinder]

....and it would be confidential mainly due to the fact that it would indicate just how little they pay for bulk debts!

[57alan0]

I have also asked cabot for a copy of notice of assignment which they said they sent out - the first I knew of them was when I checked my credit file.

[allison6564]

Just a quick update...had a response from Cabot today after sending them the account in dispute letter from here after they failed to send the coca. Well they are saying that the account is on hold and no collection activity will take place until they get the coca from opus.....so now opus going to get chased instead of me ...success lol am I right in thinking now that noo coca and no activity if this goes on for a few years will it then become statute barred.....if so how many years does it take. Feel so much better knowing that what everyone has said is right ...now have to still tackle our other debts but feel more in control than I have for years thx from the bottom of my heart to those who helped x

[theoldrouge]

six years from date of last payment/acknowledgement of debt-nothing to worry about with this one!

[allison6564]

Quick update on this one .....still not heard anything from Cabot but today finally managed to access my dh credit file and it states the debt as Cabot and that they defaulted it on 31/5/2011. I don,t have all my paperwork here at home but I,m sure that in the letter they sent me it said that a notice of assignment was sent to me in Nov 2011 which was AFTER the default. This has me confused can anyone advise please thx .

[mikeymack2002]

Wb dont worry too much atm about the default or assignment, what you need to do now is send off the letter for the cca request that can be found her enclose a postal order for one pound staing it it for your CCA req and for no other purpose the letter is here ok send recorded delivery http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter. once sent they have a very shor time to respond i think its 12+2 days once received come back thx MM

[allison6564]

Hi yes already done that as per my previous posts and they didn't,t send it so sent dispute letter and got reply saying that they have asked original lender and activity has ceased until they get it . (Post 15)

[allison6564]

Something else has also come to mind .....when Cabot wrote to me saying that a notice of assignment was sent on such a date they never mentioned anything about a default notice mmmm going to have to check my paperwork when I get to the office in the morning

[theoldrouge]

Opus would have defaulted the ac in May 2011, Cabot are merely reporting as debt owners. You can only be defaulted once, The default notice should have come from Opus, but I wouldnt worry too much about this at the moment as ac is already in dispute it just gives you further ammo for the future if needed

[allison6564]

OMG had a huge pack from Cabot today but It,s really got me confused. Just to recap this is the info I have on file :-

Orinally a Citibank card started 24/3/98

In 2010 our financial problems started and we contacted them to make reduced payments etc.

Card was moved to Opus in Nov 2010 and I was sent a new credit agreement.

Then was passed to Cabot in Dec 2011. At this point I was bullied into paying £250 pm more than I could afford.

Kept payments up until Jan this year when we realised that we had been paying more than we had and our bank of was maxed out.

Req coca from Cabot in march.

 

Now today I have received all sorts but all very confusing.

Letter from Cabot saying they enclose a recon agreement and ball is £13210.

Letter from Opus dated march saying they enclose a recon agreement with no signature as that's all they need to do but they say ball on 25/3/13 is £17071 which was the balance on their ladt statement Sept 11.

A load of Citibank statements from march 07 up to when Opus took over of which I never received!

 

Now there is no copy notice of assignment in there and I assume Cabot bought the debt and also Cabot stated in a letter to me that the original now was sent to me on 18/10/11 and that they own the debt.

 

T

Our credit file states Cabot on the record and default dated 31/5/10 and default amount as £17071 and current ball £13210.

 

So as you can see I,m baffled by all this and not sure what to do next. Cabot say in their letter that as they have now complied with my request they are able to enforce the credit agreement which I signed and entered into. They then say enforcement means that they are able to obtain a ccj against me.

 

First of all I don,t think what they sent me is a valid agreement. There,s no proof of a notice of assignment. I have two letter with differ ant account numbers and balances (one from Opus and one from Cabot). How can Opus say I owe them£17071 and Cabot say I owe them £13210?

 

Please can someone help me make sense of all this. I can,t scan the letters until Monday when I,m in the office.

[theoldrouge]

first I read in one of your posts that you had paid cabot 4000, so default amount 17071 less approx 4000= current bal 13210 forget opus,current bal 13210. NEXT the important bit- amongst the papers you received did you receive a TRUE & HONEST copy of your ORIGINAL agreement with CITICARDS? for sec 78 purposes this can be a recon BUT must contain your name & address at the time of application the correct t&cs at the date of signing and the correct interest rates as applied to your first statements, and knowing Cabot I would very much doubt it {ALSO to enforce in court they would need a copy of the ORIGINAL agreement}Also they need to supply the current terms as varied together with a statement of ac,

[allison6564]

No no agreement from cities just a recon one from opus with just an account no on it from but I do have a copy of that from 2010 that cities sent me when they informed me that it was being trans to opus. The only thing in the pack in relation to city is copy statements back to 2007. I received nothing in the past from Cabot ie notice of assignment and nothing in the pack...I don,t think they ever sent one.The other thing that is strange is that I keep all statements and the last one I had was Apr 2011 but in the pack they continue up to Sept 2011.

So in a nutshell I don,t think Cabot have responded to my request as no true copy of ORIGINAL agreement and so I think next step is to write to them stating this and also ask for a copy of NOA that they say they sent in Oct 2011 .....but I think I,m correct in that account still in dispute and therefore still not enforceable?

[allison6564]

God I just can't switch off from this today....can someone please confirm if I am correct in that they need to send me a copy of the original agreement with Citi? Or as the card transferee to Opus is the recon one they sent valid? I never used the card at all way before Opus took it as my financial problems started in 2010 .