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Citi financial to Idem - CCA Reply. Is this legit and enforeceable


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Hi All,

 

I had started a CCA process with Idem servicing with the OL being Citi Financial. I took out the loan in 2007 and have had a minimum payment going out. All payments have been stopped whilst my CCA request is in process.

 

Idem promptly replied within the set time of 12+2 days with many copies of the signed contract with Citi financial, i just want to make sure that what they have sent is enforceable, if so should i resume my payments and send a F&F offer to them.

 

I have uploaded the documents that were sent to me.

Edited by citizenB
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it would be better if you popped all those into a word doc. [multipage]

then file

save as

.pdf

 

 

and attach that please

then we can zoom better

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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To me, it looks like they only have part of the application form. They also need original t and c's, any changes, and t and c's at termination

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you renegadeimp, so do i send another letter back asking for their recent t&cs and also the original copy of the contract?

 

There isnt a termination because it got passed over to Idem, and the account is still open.

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it would be better if you popped all those into a word doc. [multipage]

then file

save as

.pdf

 

and attach that please

then we can zoom better

 

Hi DX100uk,

 

I have tried to do what you have asked, but unfortunately my computer doesn't save anything as a PDF doc, I will continue to try doing the multipage thing but so far it has not been working. Is there any other format I can provide for you all to see it?

 

I have tried to upload a multipage word doc but it is still saved as word.

attachment.pdf

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The full app form isnt there. Thats for sure. They have most of it though. Cant see the terms and conditions or a statement of account.

 

IMO its not complete or compliant, but others will tell you for sure.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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could do with seeing the figures

theres no need to redact those things

 

I did convert it to PDF for you

and removed several more bits of pers info

 

 

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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could do with seeing the figures

theres no need to redact those things

 

I did convert it to PDF for you

and removed several more bits of pers info

 

 

dx

 

Thank you for your kind help converting it into a PDF and also removing several info bits that I had missed out! I can upload it again with the figures once again it won't be in a pdf format but I will leave the figures in tact.

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could do with seeing the figures

theres no need to redact those things

 

I did convert it to PDF for you

and removed several more bits of pers info

 

 

dx

 

Hi dx,

 

 

I have created a multipage word doc with all the same letters provided but all the figures have been left in place. I am unsure at this stage what these documents reflect, enforceable or unenforceable. Hopefully you can shed a bit more light, someone else here believes these docs are not sufficient just after another opinion.

 

I have deleted all the previous uploads to help save on confusion.

 

Thank you for your help.

docs1.pdf

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Well it looks to me as though they have printed out all your payments onto their own headed paper - not sure how that is relevant. There appears to be quite a few administration fees - what are they for ?

 

For a s78 request to be satisfied they need to send you..

 

Copy of or truthful reconstruction of the agreement.

Statement of account

Terms and conditions from inception and currently or at default stage.

 

Whilst they are non compliant with the request, they should not be able to obtain a Judgment against you should they issue a claim (if the account is pre 2007)

 

What is the purpose of your request ? Have they said they will issue a claim against you ?

  • Confused 1

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

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Well it looks to me as though they have printed out all your payments onto their own headed paper - not sure how that is relevant. There appears to be quite a few administration fees - what are they for ?

 

For a s78 request to be satisfied they need to send you..

 

Copy of or truthful reconstruction of the agreement.

Statement of account

Terms and conditions from inception and currently or at default stage.

 

Whilst they are non compliant with the request, they should not be able to obtain a Judgment against you should they issue a claim (if the account is pre 2007)

 

What is the purpose of your request ? Have they said they will issue a claim against you ?

 

Hi CitizenB,

 

Thank you for your insight,

 

Regarding the Admin fees, I believe they may have been for late payments or when they had to send a letter out to me , I can't really remember what they are for to be honest.

 

I thought the list of payment breakdown was a statement of the account, as I am unsure what else a statement of account would be?

 

THey haven't said they will claim against me i voluntarily sent a CCA request to see whether IDem have the right documents and agreements for me to be paying them after they took it over from Citi Financial. The ultimate goal was to find out if it is enforceable or not to negotiate a reduced settlement fee. Right now I have stopped payments.

 

I am unsure whether to send out another letter stating that they have not complied and sent across the correct documentation or whether to offer a F&F settlement.

 

What would a Copy of or truthful reconstruction of the agreement be? the original agreement with all all the pages and not just a photo copy of the last signed page?

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correct

 

its current wisdom not to follow a failed CCA

simply invites letter tennis

 

let it run

see what they do next

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

Did you receive a Notice of Assignment from either the original creditor or Idem ?

 

I am always reluctant to advise people to simply stop payment although if you are experiencing financial hardship, then dropping it to £1.00 and asking for them to cease adding interest is a good move.

 

I wonder if others with more knowledge would say those admin payments are not acceptable ? Perhaps attempt to have them removed from the balance sheet ?

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

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when was this sold to idem?

around april 2013?

 

 

certainly loads of fees there to reclaim at their int rate

it also says figure for refinancing..

so what debt was settled with this?

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

when was this sold to idem?

around april 2013?

 

 

certainly loads of fees there to reclaim at their int rate

it also says figure for refinancing..

so what debt was settled with this?

 

Hi dx,

 

I had taken an initial loan out with citi financial and then increased the amount I borrowed at a later date to pay off money I owed to family, and some credit cards. I believe you are correct it was sold to Idem in 2013.

 

If I was to try and reclaim back the admin fee charges how would this process work?

 

Did you receive a Notice of Assignment from either the original creditor or Idem ?

 

I am always reluctant to advise people to simply stop payment although if you are experiencing financial hardship, then dropping it to £1.00 and asking for them to cease adding interest is a good move.

 

I wonder if others with more knowledge would say those admin payments are not acceptable ? Perhaps attempt to have them removed from the balance sheet ?

 

My account went from Citi Financial to Ardent then to Idem. I don't believe I had any letters from Citi but I think I had a letter from Idem when they took on the account unfortunately in my recent move I lost a lot of the paper work.

 

If I was to try and reclaim the admin to be removed from the balance sheet how would I go about doing this?

 

In a different thread i was advised that I am being a willing cash cow and as a suggestion some said perhaps stop payments until things are clearer and sorted, I only stopped the payment once I received a reply from my CCA.

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I would suggest your reclaiming over ALL the accounts merged into this loan

will far outweigh this balance & put money to your pocket too!!

 

 

an sar to citi

p'haps the canadain house address is

in my humble opinion now a must.

 

 

i'll go against my usual advise and suggest p'haps sending Idem a letter

outlining that you are awaiting the return of an sar to citi

as this loan contains a considerable amount of unlawful penalty fees

and

that as it was a refinance of several other citi products

they also contain reclaimable PPI and charges that will almost defiantly wipe the balance out.

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

I would suggest your reclaiming over ALL the accounts merged into this loan

will far outweigh this balance & put money to your pocket too!!

 

an sar to citi

p'haps the canadain house address is

in my humble opinion now a must.

 

i'll go against my usual advise and suggest p'haps sending Idem a letter

outlining that you are awaiting the return of an sar to citi

as this loan contains a considerable amount of unlawful penalty fees

and

that as it was a refinance of several other citi products

they also contain reclaimable PPI and charges that will almost defiantly wipe the balance out.

 

dx you truly are an amazing adviser!:-D

 

thank you for your time on this matter. I feel there is a clear pathway to take this down now. I will give this a go and of course come back to this thread with any update or outcome

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  • 1 month later...

Any advice is really appreciated!!

I am thinking of accepting their CCA and setting up a payment plans again and then offer a full and final settlement?

 

HI All,

 

A quick update and hopefully someone can shed some light on whether I have lost this case

and continue making payment or if i should take things forward to the FOC?

If so i have no clue what the next steps would be.

 

if you look at the posts before this,

i had sent a CCA Request and based on advice i sent another letter stating that the t&c sent

were not compliant and informed them that I am waiting on the original lender Citi financial to get back to about the charges,

 

 

they replied today with a final letter stating that I am wrong and they will not put the account on hold/dispute.

If i choose to I can complain to the FOS.

 

I have uploaded all the letters they have sent

please take a look and let me know what the next step should be.

Am quite lost now as to what to do.

 

transaction statement attached here

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put ALL those pictures into ONE WORD DOCUMENT

then file save as .pdf

 

 

and upload

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

threads merged and tidied

please keep to ONE THREAD

per debt

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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Hi Dx,

 

I have uploaded a word document but i cannot convert it to a PDF as my computer wont allow it, i hope this is ok.

 

The contract they have sent looks like the original one i had signed so I am kind of leaning to accepting that this one is legit?

return.pdf

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so the same docs as post 12...

did you do an sar to citi.

 

 

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

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