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allison6564

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

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yes copy or recon from citi as post no 23, AND to enforce in court they need copy of original-so letter to cabot saying they have failed to satisfy s78 request and ac is still in dispute


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Don't know what the hell Cabot are playing at now as I sent them a very strong letter stating my agreement wasn't even with Opus but Cities in the begining and a load of other points that I feel make the debt unenforceable etc but they would of only got that today.

Got home tonight and letter waiting for me from Cabot dated 11th April saying they have recently taken over the account etc etc and that the balance is £15,780???????

Don't think they know what their doing ...will wait for response from my letter I think.

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Bet this has come as no original NOA was sent as if it had been one I would have a copy and two it would of been the pack they sent me surely?

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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 .

 

The account was probably in default before Cabot got their grubby paws on it. All they have done is update the account owner info, they aren't allowed to change the original default date.

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Don't know what the hell Cabot are playing at now as I sent them a very strong letter stating my agreement wasn't even with Opus but Cities in the begining and a load of other points that I feel make the debt unenforceable etc but they would of only got that today.

Got home tonight and letter waiting for me from Cabot dated 11th April saying they have recently taken over the account etc etc and that the balance is £15,780???????

Don't think they know what their doing ...will wait for response from my letter I think.

utter clowns!-to comply with a s78 request they must supply a true and accurate copy of the original agreement, the current terms as varied,TOGETHER WITH a statement of account signed on behalf of the creditor- this must be supplied at the same time, not seperately or in dribs and drabs, Cabot dont seem to have managed any of this their reply to your letter should be good for another:lol:


PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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well I have had yet another letter off them today and I'm at home so can't scan it but these are the two letters I sent:-

15th April I sent

 

 

Formal Complaint/Account In Dispute/ Unacknowledged, disputed alleged debt

 

Account Reference 

 

'Dear Compliance Manager,

 

I am writing in response to your letter and information dated 10th April 2013 from both yourselves and copies from OPUS.

 

You're in breach of my formal request for a copy of a properly executed credit agreement for this account. You've sent a 'reconstituted version' issued by OPUS/Progressive Credit but I did not sign this and my original agreement was with CITI Bank and not OPUS - should matters come to court - I'd be asking for the original version to be produced before proceedings under the Civil Procedure Rules and for you to explain why you failed to send a signed agreement when requested but instead chose to waste court time. If you don't have a properly executed agreement compliant with the 1974 Act, you should be honest and let me know or face charges of unfair practice: you must not mislead a consumer.

This credit was taken out before 06/04/07, so if you do not have a properly executed agreement under 1974 Consumer Protection Act then s127(3) applies and it is 'irredeemably unenforceable' (Lord Hoffman Dimond v Lovell 2000) even by a court. This was reiterated by His Honour Judge Waksman QC in the Mercantile Court in Manchester in his 2009 Judgement (Point 21). So I invite you to take me to court if you feel you have a strong case. Take note I have recorded all demands for payment as unwarranted harassment and will ask the court for compensation for this. I will also report you and any DCA you use to the OFT.

 

The information is also misleading as OPUS letter dated 25th March 2013 state that the balance on the account is £17071.80 as at 25 March 2013 and your letter dated 10th April 2013 states the balance is £13,210.79.

 

 

I believe the bank or any of their agents should not sell it or request any payments or pass my information to a third party when they are in breach of my formal request for a true copy of the Consumer Credit Agreement and ignoring a serious dispute. If there is no properly executed agreement - and the inference is there isn't or why not send it? - there is an onus on the bank and you to be honest and say so. To do otherwise is to mislead the consumer and is 'unfair practise' under OFT guidelines.

 

As there's no agreement I'd contend this means you yourselves have already acted unfairly in contacting me to demand money not yours or the bank's due. Moreover, as it's the properly executed agreement that gives a bank permission to share my data, if they don't have it, surely you've breached data protection laws in processing it? Did you not check all was in place before making unwarranted demands?

 

It may or may not be that you can prove that you already had a properly executed agreement, if you can you must evidence that now by sending it to me. You'll have to do so should the matter come to court under Civil Procedure Rules; and you'll have to explain to the judge why you're making unwarranted demands for payment on a seriously disputed account.

 

I consider your talk of 'this matter escalating' as a threat which I will keep as evidence to show the court of unlawful harassment for money not your due and I'd allege your intention is clearly to frighten me into paying money there is no obligation on me to pay when the bank doesn't have a properly executed credit agreement.

 

Not only is this - I believe - a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 and Protection from Harassment Act 1997. As a result I contend I have no business at all with you over a debt that's disputed and anyway unenforceable in law.

 

Be aware that if you bought this alleged 'debt' from the bank you were sold a pup and put yourself at risk by not having checked all the paperwork. If you're acting for them you must check paperwork to ensure you're not breaching statutory guidelines.

 

NB: I will not enter into further correspondence with you but will file any you might send as evidence of harassment and breach of data and consumer protection laws.

 

Yours Faithfully

 

then after getting their letter stating they had just taken over the account with a different balance on I sent:-

18th April

Dear Sir/Madam

 

Re:- Account/Reference Number

 

I am writing in response to your letter dated 11th April 2013 received on 17th April 2013. I would like to make the following points:-

 

In your letter you state "The Cabot Credit Management Group has recently bought the account you held with OPUS Credit Card and we’ve tried to contact previously.". Now we have been in constant contact since 16th Jan 2013 and the account is currently in dispute due to you failing to comply with the consumer credit act (please refer to my letters signed for on 21/03/2013 and 17/04/2013).

 

In your letter to me dated 12th March 2013 you stated that you had sent me a copy of the notice of assignment on 18th October 2011 but I was never sent this and it was not included as copy in the pack that you sent me on 10th April 2013. Please can you send me a copy of the original notice for my records.

 

The balance on your letter dated 11th April 2013 differs from the other "two" balances that have been stated i.e. £17,071.80 and £13,210.79 in the information you sent on 10th April 2013.

 

Please can you refer and deal with my letter dated 15th April in regards to this whole matter and stop sending me completely irrelevant letters.

 

Yours faithfully

 

now today I have received this (will have to type it as no scanner at home)

 

Thankyou for your letter receieved in our office on 17th Apr. bla bla bla

Our Understanding of your complaint

I understand you dissatisfied with the information we have provided

Our Investigation

Upon review of your account it is clear that we have provided you with a copy of your credit card agreement including a covering letter from OPUS. Please note the details contained within this covering letter such as the balance outstanding would relate to the data held on their systems currently. This balance represents the balance that was assigned to our office upon purchase of your account.

In relation to your comments regarding the credit agreement provided I can confirm that a reconstituted copy is sufficient to comply with a request pursuant to the Consumer Credit Act 1974. If you require a copy of the original signed agreement I respectfully recommend you contact CitiFinancial directly who may be able to provide this information to you.

I note your comments regarding the transfer of you data and refer you to section 22 22.2 of your terms and Conditions in respect of transferring your data.

Our records indicate you were maintaining repayments of £255 per month towards this account which acts as acknowledgement of your liability to repay this outstanding balance and confirms you are aware of the existence of this account, however I note that these payments ceased in Jan 2013.

Conclusion

In light of the above I do not believe our actions constitute harassement. Your account will remain with our collections Team and we recommend you contact them as soon as possible to discuss repayment.

Then they go on to say it is their final response and if I want to go further to go to the Finanacial Ombudsman.

 

So where does this all leave me...I have sent a CCA request and got a recon one but from OPUS who I never took the card out with.

Can anyone help please

 

 

 

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Sorry previous post is a long read but no scanner at hone....is there anyone that can help me with this please x

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It's actually up to Cabot to chase City for a copy of your original agreement, not you.

 

But, I'd be inclined to cca City themselves anyway. Reason being, they will almost certainly not have the agreement, and they quite often state as such in writing. Once you have this in writing, you can smugly wave a copy under Cabot's nose.

 

The recon may comply with the sec 78 request, but to enforce the debt - NO, so all they can really do is the usual willy waving....:-D

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who would I need to send a CCA request to for Citi..shall I just use the adress on an old statement?

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pers I would send cabot once again the a/c in dispute letter in the library and substitute the words "was signed by both your company and myself " to was signed by both the original creditor and myself". As there are no sanctions for failing to comply with a s78 request other than unenforceability, and as a s78 breach can be remedied in theory at any time upto the time of judgement I would let cabot chase for the copy and in the meantime ignore their letters


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Yes OR I sent off a three page complaint letter to them today quoting the OFT guidelines to section 78 after reading it for hours.....feel better now and confident it will do the trick.

But my oh my I am exhausted dealing with all these different debts, I'm eating and sleeping them at the moment just hope they don't make me I'll. I'm stronger this time though and might have to switch off at weekends maybe before I go mental.

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Good:-)Once you have your first sucessful ppi/charges reclaim youll start to feel in control and even look forward to the days post!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Allison,

 

You need to remove all the figures from your posts. The DCAs sometimes follow the threads on the forum and including the amounts makes it easy for them to identify you.

 

Let's wait and see what their response is to your letter. At the moment they have sent a reconstituted agreement which couldn't, as you point out, be the one you signed. If, as hatesdebt says above, Citibank confirm they don't have an agreement, then Cabot can't provide it and they can go whistle for their money.

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good point re the figures how do i edit them?

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Go to each post, hit 'edit post' at the bottom and the whole thing will come up in a box which you can correct in the normal way. Then hit 'save'. :-)

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thats weird the edit post button is only on my last one and not the older ones ...am I being thick here lol

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That's interesting. You used to be able to go back further. Maybe they have changed it.

 

Hit the triangle and ask if one of the site team can edit them for you. I would imagine they have the 'powers' to allow them to change anything on the forum.

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no real need

 

I doubt a dca would bother

 

plus they cant hurt you anyhow by finding a thread

 

dx


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

 

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But I believe there was a situation a few years back when the solicitors acting for a creditor turned up in court with the entire thread copied so they knew what advice had been given and were prepared for it.

 

I certainly wouldn't want any of the people who have chased me checking out my other threads and seeing what else was going on!!!!!

 

Entirely my own view of course. :-)

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Well been quiet on the Cabot front until today and yet another letter this time stating once again that they have recently bought my account???????? And asking for me to get in touch...once again though another ball differ ant again!!!!

No referance to my official complaint letter etc.

Not sure what they are playing at ...should I just ignore this letter or write yet again with copies of previous ones I have sent.

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time to stop letter tennis me thinks.

 

dx


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

 

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I am a wimp. I love letter tennis. I can play letter tennis for years, and all the time I'm getting closer to statute barred. I'd rather play letter tennis than go to Court. Even if I know my arguments I don't know about the judge.

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Haha yes agree with both of you....think I might just pop another in the post thanking them but asking them to please respond to my three page complaint and also to stop confusing me as I've now had four differ ant balances!

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But remember not to send it until the day before the time they have given you to respond. :-)

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on a technical point, a s78 request must be supplied TOGETHER WITH a statement of ac signed by the creditor,[ ie at the same time],so all other balances would be irrelevant. But of course in this instance Cabot havent yet been able to comply with your s78 request:shock: at all


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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