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    • Hello everyone.    I am looking for some advice regarding a situation that has came up recently.    Around 3 months ago I gave my brother a loan of a mobile phone I had due to his being faulty and him unable to afford a new one at the time. This mobile was the phone I used in my small business, but due to covid work has been lacking and I wasn’t using it so I decided to let my brother use it for a short time and I would use my personal phone for work. The phone is on contract with Vodafone.    Sadly 3 weeks ago I found my brother passed away at his home. Due to my brother being so young and his death being sudden there has been a police involvement. I’ve been dealing with my brothers affairs over the past week and quickly noticed the mobile phone I had loaned to him wasn’t around. After making some enquiries with people I quickly found out my brother had actually sold the mobile phone to a CEX store for £393 around a month before his passing. Straight away I contacted Vodafone and had the phone blocked.   I immediately went to the CEX store who confirmed they had purchased the phone. I gave them my proof of ownership etc to confirm I am the owner of the phone. After a short discussion and me telling the manager that I am the owner of the phone and would like it returned to me the manager told me I would have to contact the police for it to be resolved. They said the only way they would hand over the mobile would be if the police came in and requested it. I thought that was fine and I contacted the police. I spoke with the officer who was looking into my brothers death who informed me that the case is a civil matter and because my brother had passed away the police would be unable to pursue any criminal proceedings.    At this point I began communicating with CEX via there customer service at head office. They initially seemed helpful and when I told them the police will not begin any proceedings they were happy with this and were keen to resolve with me. They said I would be called by a member of management to resolve. One of the companies operations managers contacted me the next day. To cut a long story short they said they would return the phone to me if I purchased it at the amount they gave my brother for the phone (£393). I politely refused stating I was the legal owner of the phone, my brother had no right to sell the device, the phone was under contract in my name and I would like it returned immediately. He said he would speak further with his upper management and would get back to me.    A few days had passed without anyone contacting me. I have now received an email from CEX stating again that the only way they will return the phone is if the police investigate. They said they have made there own enquiries and that my brother being dead is irrelevant (their words) and the police will still investigate.    I am now at a loss in what to do. The phone is a high end device and I still have around 14 months left on the contract at nearly £70 per month. Can anyone tell me if I would have any chance of success going to court about this? The phone is blocked and currently just an expensive paperweight to CEX. I have no idea why my brother sold the phone and sadly I will never find out. Things are very difficult at the moment as it is as I’m grieving my brother but my head is all over the place about what to think and do.    Thanks in advance     
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Citi Cards Address ***UPDATED NOVEMBER ***


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Here's the name & address of the Data Protection Officer, Citi Cards.

 

Richard Cooke

Data Protection Officer

Citi Cards

CitiFinancial Europe plc

1 Exchange Quay

Salford

Manchester

M5 3EA

 

It looks like the place to send the intial DPA request.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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  • 2 months later...

Hi Did You Have Any Problems Getting Letter To Citi Bank, As Mine Has Been Returned Once Already, Yet Address Was Correct, It Was On Form They Sent Asking For Extra Info. Have Sent Again 5 Days Ago Yet Royal Mail Still Has No Confirmation Of Delivery ??

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Hi there,

 

Yes I have was able to get hold of them using this Address with the P. O Box number. Use that and you should be fine, well I did so you too should be okay.

 

Later!!

:o :o :lol: :D :D

 

 

 

 

More Power to the PEOPEL!! LONG LIVE the CAG!!!

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Hi Did You Have Any Problems Getting Letter To Citi Bank, As Mine Has Been Returned Once Already, Yet Address Was Correct, It Was On Form They Sent Asking For Extra Info. Have Sent Again 5 Days Ago Yet Royal Mail Still Has No Confirmation Of Delivery ??

 

Yes sharman24, I had the same problem.

Based on this thread, I sent my Data Protection Act Subject Access Request to:

Richard Cooke

Data Protection Officer

Citi Cards

CitiFinancial Europe plc

1 Exchange Quay

Salford

Manchester

M5 3EA

 

It reached Richard Cooke the next day. He wrote back to me requesting confirmation of ID if I wanted details of manual intervention. His enclosed form said "please return the completed form to:

The Data Protection Officer

Compliance Department

1 Exchange Quay

Salford Quays

Manchester

M5 3EA"

 

So I sent the form and two forms of ID as requested to the address on the form. It didn't arrive, but came back to me about three days later with a Royal Mail sticker on it. The sticker with check boxes had a cross in the "address incomplete" box.

 

I returned the form the same day to the original address:

Richard Cooke

Data Protection Officer

Citi Cards

CitiFinancial Europe plc

1 Exchange Quay

Salford

Manchester

M5 3EA

...with no problem. I received my data 13 days after my Data Protection Act Subject Access Request arrived with Citi Cards.

 

I have contacted Richard Cooke to suggest the incorrect address on the form is amended (as I think quite a few people may try to use it!)

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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  • 1 month later...

If you get a defence back, it's signed by Brian Smith - SOLICITOR!, however he has a habit of using headed paper with no telephone number, so if you need to talk to him here is his number (I had to talk to four different phone monkeys before eventually getting the number):-0800 146 188

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Hi guys,

 

I work for CItigroup (I'm really NOT proud of it). Maybe I can help.....

CitiCards use the Exchange Quay address, CitiFinancial & Future Mortgages go to 6 Admiral Way, Doxfor Park, Sunderland, Tyne & Wear SR3 3XW and for CitiBank it's 25-33 Canada Square London (Canary Wharf). I'll use the internal address book to find you names and numbers if you let me know who you're after.

 

http://www.innercitypress.org/citi

 

D

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Yes you can.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Shovey, please start your own thread on this case. You will receive more help.:wink:

 

I remember a case on this forum, I think it was Citi cards, where the debt had been sold to a debt collection agency for a sum greatly reduced from that owed. However, the DCA tried to collect the full amount, thereby making a nice profit. Citi cards tried to argue that as they had sold the debt on, they could not be approached for any penalty charges. WRONG!! Perhaps someone could help out in finding this thread. I have tried but without success so far.:(

 

You need to continue paying the DCA and start proceedings against Citi cards using the templates on this forum. Good luck.:)

 

 

Don't let the fatherless chillen get ya!:grin:

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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However, the DCA tried to collect the full amount, thereby making a nice profit. :

 

 

DCA's are in business to make a profit, what they buy the debt for makes us feel they shouldn't get full whack but to be honest it's non of our business ( and I am no lover of DCA's believe me) that is down to the banks bad negotiating and the DCA's good fortune. They probably only pay about 7-12% of the face value but that's just good business. We can use that knowledge best by negotiating full and final settlements knowing that as long as they pick up a relatively reasonable profit they will do a deal.Whatever it ends up as it'll be less than you owed in the first place so there's the benefit. They love the £5 or £10 a month merchants and they use their mind blowing arrogance and deceipt to frighten the living daylights out of most people knowing most people will buckle to their intimidation. This site is helping people take them on at their own game by using what they ignore - the law!

 

So don't be too angered by what they might have paid for the debt, use your loaf and get the CCA requests going because they are nototiously bad at having all the correct paperwork in place to enable them to collect these debts, they play on our ignorance, they have little knowledge about your rights to restrict telephone calls from them Communications Act etc. and they don't like it when you stop their harrassment tactics by using the law so get them that way and you'll find you'll win.

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Andrew1, am I correct in thinking that you are saying that Shovey should go after the DCA for the refund of penalty charges? Penalty charges have been applied by Citi Cards and it is they who should be made to refund them whether they have sold on the debt or not.:|

 

You are right when you say that if you quote the law at DCAs, they will back off. I have a thread concerning Certegy (Transax) who threatened to pass on (sell) my amount owed to a DCA. This amount was comprised purely of charges and I pointed out to them that as the charges were in fact unlawfully applied they would be obtaining money by deception. In the end they waived the charges in full as a gesture of goodwill. Read the thread here.:D

 

 

I'm still looking for the thread where the debt was sold on and the CC company tried to wash their hands of it.;)

 

 

Don't let the fatherless chillen get ya!:D

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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yes any penalty charges should be claimed from the bank as it was them who applied them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Andrew1, am I correct in thinking that you are saying that Shovey should go after the DCA for the refund of penalty charges? Penalty charges have been applied by Citi Cards and it is they who should be made to refund them whether they have sold on the debt or not.:|

 

 

 

 

It's an interesting and debated point although what Martin has said above is true, you should go after the bank, it seems to be what most are doing. - I haven't really had the time to follow the thought-trail of what was initially discussed earlier on the site ( way back!) that when the debt was sold the buyer (dca) took with it the responsibility of the contract and therefore should repay the charges also. Martin might be able to throw some light on it though. My citi card debt was sold on to Cabot and they have fouled badly by not responding at all to my CCA request but my claim for charges is being levied at Citi - still at the fob off stage! I can't see cabot paying them although going by the Lick the Wall fatboy experience in N.Ireland it might be a better option just now.

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Andy the contract between you and the bank effectively becomes void once the account is closed.

Lets not forget also that the DCA pays a fraction of the debt value to buy the debt from the Bank........The banks take advantage of debt write offs /Tax etc

 

Although the DCA then usually re registers any defaults with the Cras.

 

As regards removal of defaults the section 10 notice is there to prevent further processing of your data (or to seek to demand this )

 

There is the point that once the contract between you and the bank ends then so does their right to carry on processing your information and that includes third parties.

The DCA therefore is also in the wrong unless you have expressly given them permission to process your data to third parties.

This becomes a Data protection issue.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Andy the contract between you and the bank effectively becomes void once the account is closed.

 

.

 

Martin, Tinks is going to give us a hard time if I respond to this but maybe she'll move us somewhere else ;)

 

If the contract becomes void, you are saying that with the debt being sold NO part of the contract passes to the DCA? I can't remember exactly how it was explained previously, but I was of the opinion that some the contract responsibilities passed to the dca in some form or another.

 

I'm okay with the Default bits that's no problem.

 

Anyway I'm off before Tinks comes back ! :D

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I would imagine the only contract that exists would be of that between the bank and the dca.

 

You certainly would not personally be any part of the contract.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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What are you suggesting.............Tinks is in a mood today ??????:o

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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