jdene v citicards

[jdene]

Sent off SAR on 05/12/06 on 22/12/06 recieved a very detailed questionair to proove my identity it also states if i require information regarding manual intervention i need to stipulate this for them to provide the information, this was a requirement of my SAR i used the template letter from this site, i havent read anywhere else that they have asked for proof of identity but they have used 20 days of the 40 allowed before requesting this proof, it is also strange that they never required this previously when sending threatening letters statements and passing my details on to a DCA must be a new staling method, also get the feeling they may start claiming manual intervention shortly to get around the computer generated letter detail which proves they over charge.

I would like to know if i need to fill in thier form and if i do will that give them reason to start the 40 days from when they recieve it which will now take a while due to the christmas break, any ideas would be welcomed.

 

Regards jdene

[Rooster-UK]

Fill in the form and return it with a covering letter pointing out that the forty days for compliance with the SARs letter that you sent to them are passing and the time is up on .

Inform them that non-compliance will result in legal action against them.

 

Regards, Rooster.

[gizmo111]

Hi,

 

if you read the Citi threads you will see that most of us have been asked to fill in form and have done so - do as Rooster says and fill it in.

Citi are full of delaying tactics but complying with the SAR has not been one yet. generally after filling in the form the statements take another 2 weeks ish

 

Good Luck

[jdene]

Thank you both for the help will get the form returned straight away they seem to enjoy a fight from what i have read so far it must cost them a fortune to play these games never mind it only costs me a few stamps a little time.

[Rooster-UK]

And a bit of frustration.

[sharman24]

hi had the same with citi, took three attemps to get the letter to them, thenhad a detailed a&q to send proving i was who i said i was, but i did then get the info within about 2 weeks, and yes the 40 days only start once they reciev that returned a&q.

make sure you send everything signed for post, i know its a little more cost but at least you can track the letter and see when they have signed for it.

 

regards

 

Please Note

Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

[jdene]

hi all well Q&A returned recorded delivery just wait for thier response now and of course the fire works and fob offs, all good fun lol.will post again as soon as i get a reply, its great to know theres support now and not on our own.

[jdene]

Just an afterthought dose anyone know what happened to the Leeds permamnent building society they reposesed our first home by charging us out of exsistance then sold the house for thousands more than we owed and kept it all be nice to chase them up.

[jdene]

Hi again found out the leeds permanent Building society are Halifax / bank of scotland my old friends lol

[jdene]

Still no response from citicards to thier QA but had a reply from Cabot these people must be pshychic they have replyed to my CCA which i have not yet sent to inform me the details have been archived and they will try to get them in the 21 days but could take up to 8 weeks wonder if they pay out befor i make a claim as well they must be completely swamped under and just sending letters like confettie now.

[jdene]

Recieved two packages of statements today unbelievable some of the charges and up to 36% interest plus the £8 + a month for PPI i never wanted and which was ussless when we tried to claim, never mind the long haul of counting all the charges now.

[gizmo111]

Good Luck - any problems ask - lots of us in battle here wit hCiti to help you if you need it.

[jdene]

Thanks for that Gizmo I think i will be looking for quite a bit of help judging by some of the others excperiences with this shower

[jdene]

Hello all recieved a letter today from Cabot think it is thier responce to the two CRA i sent (one to kings hill and one to Cabot) both addressed to Ken Maynard it reads as follows

 

I have been asked to respond to your letter, by our \cheif Executive, Mr Ken Maynard.

Initially i would like to apologise on behalf of Cabot Financial(Europe)limited ("Cabot") for the upset and inconvenience this has caused.

 

As part of the assignment of your above mentioned account, which has an outstanding balance of £xxxxxx you were provided with confirmation by both citifinancial (the creditor) and this company, in writing, that your debt had been legaly assigned to Kings Hill (No1) Limited (the assignee) and would beadministered by Cabot financial (Europe) Limited. please note that any other queries in relation to your Agreement remain the responsibility of the creditor. as assignee we have no legal responsibility to supplyyou with an executed copy of your credit agreement and we have at no time commited any criminal offence. we have been assisting you in obtaining the relevant documentation from the creditor.

 

The company has at all times acted properly, appropriately and in accourdance with all relevant laws and regulations.

the account has been refered to ourcustomer relations department to enable them to obtain the additional documents. Once they are in reciept of the relevant information they will be in contact with you. Whilst this information is being obtained from citifinancial the account will be placed on hold as previously advised.

I note from our records that our customer relations Department have been in touch with you recentlyand have advised that statements have been requested from citifinancial.

 

Should you have any further queries relating to this matter, please do not hesitate to contact our customer Relations department on 01732775436.

 

are they trying to put some space between themselves and citicard's now that all thier underhand tactics are coming to light i only sent them the template letter for CRA

[jdene]

I am wondering if they have had any problems relating to passing information under the data protection act from kings hill to cabot as i have read somewhere in this forum just wondering how to respond as i did not accuse them of breaking any laws or regulations only stated which laws and regulations they had to comply with in relation to my CRA

Any thoughts on this

[jdene]

Have sent off prelim request for return of charges awaiting reply patiently

[dori2o]

Hello all recieved a letter today from Cabot think it is thier responce to the two CRA i sent (one to kings hill and one to Cabot) both addressed to Ken Maynard it reads as follows

 

I have been asked to respond to your letter, by our \cheif Executive, Mr Ken Maynard.

Initially i would like to apologise on behalf of Cabot Financial(Europe)limited ("Cabot") for the upset and inconvenience this has caused.

 

As part of the assignment of your above mentioned account, which has an outstanding balance of £xxxxxx you were provided with confirmation by both citifinancial (the creditor) and this company, in writing, that your debt had been legaly assigned to Kings Hill (No1) Limited (the assignee) and would beadministered by Cabot financial (Europe) Limited. please note that any other queries in relation to your Agreement remain the responsibility of the creditor. as assignee we have no legal responsibility to supplyyou with an executed copy of your credit agreement and we have at no time commited any criminal offence. we have been assisting you in obtaining the relevant documentation from the creditor.

 

The company has at all times acted properly, appropriately and in accourdance with all relevant laws and regulations.

the account has been refered to ourcustomer relations department to enable them to obtain the additional documents. Once they are in reciept of the relevant information they will be in contact with you. Whilst this information is being obtained from citifinancial the account will be placed on hold as previously advised.

I note from our records that our customer relations Department have been in touch with you recentlyand have advised that statements have been requested from citifinancial.

 

Should you have any further queries relating to this matter, please do not hesitate to contact our customer Relations department on 01732775436.

 

are they trying to put some space between themselves and citicard's now that all thier underhand tactics are coming to light i only sent them the template letter for CRA

 

Is this right? I personaly don't think so.

 

The CCA under s.78 QUOTES

 

 

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

 

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

(4) Where running -account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

 

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelvemonths, and

 

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement;

and

 

(b) if the default continues for one month he commits an offence.

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and

(5) do not apply to a small agreement.

Now, the important word here is creditor.

 

This is how the CCA defines creditor

 

 

“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

This to me defines the owner of the debt, whether that be the origional creditor, or a DCA who has 'bought' the debt.

[jdene]

recieved another letter today from Cabbot monthly statement with payment request showing that they are still adding interest to a account in dispute they are unbelievable, also recieved my credit file showing kings hill have registered a default on the account could scream with these idiots.

[dori2o]

Check your credit file thoroughly, with mine, both Citi and cabot have filed a default against the same debt.

[jdene]

i want to take these parasites for all they have now i want to know how to hit them for sharing my data between kings hill and cabbot someone must know why kings hill do not reply to any letters.

Sent them a cca waiting for the time limits to expire now to complain to OFT surly these people are wide open to paying damages to all the people they are abusing with thier arrogance.

[Enron]

Don't get too personal on the website, as Brian has been known to take print outs from this website to court with him.... not very professional I know but then again some of their other tactics have been far from fair.

[dori2o]

i want to take these parasites for all they have now i want to know how to hit them for sharing my data between kings hill and cabbot someone must know why kings hill do not reply to any letters.

Sent them a cca waiting for the time limits to expire now to complain to OFT surly these people are wide open to paying damages to all the people they are abusing with thier arrogance.

 

Kings Hill and Cabot are one and the same.

 

This information from the companies house website may be useful.

 

Company Details

 

Name & Registered Office:

KINGS HILL (NO. 1) LIMITED

10 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT ME19 4LT

Company No. 03514391

 

Status: Active

Date of Incorporation: 20/02/1998

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

9999 - Dormant Company

Accounting Reference Date: 31/10

Last Accounts Made Up To: 31/10/2005 (DORMANT)

Next Accounts Due: 31/08/2007

Last Return Made Up To: 20/02/2006

Next Return Due: 20/03/2007

Last Members List: 20/02/2006

Previous Names: Date of change Previous Name 15/01/2007 CABOT FINANCIAL (UK) LIMITED 12/03/1999 COMMERCIAL FINANCIAL SERVICES (UK) LIMITED Branch Details There are no branches associated with this company. Oversea Company Info There are no Oversea Details associated with this company.

 

COMPANY DETAILS

 

Name & Registered Office:

CABOT FINANCIAL (UK) LIMITED

10 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT ME19 4LT

Company No. 03757424

 

 

Status: Active

Date of Incorporation: 21/04/1999

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/10

Last Accounts Made Up To: 31/10/2005 (FULL)

Next Accounts Due: 31/08/2007

Last Return Made Up To: 21/04/2006

Next Return Due: 19/05/2007

Last Members List: 21/04/2006

Previous Names: Date of change Previous Name 15/01/2007 KINGS HILL (NO.1) LIMITED 09/06/1999 CLOUDHAVEN LIMITED Branch Details There are no branches associated with this company. Oversea Company Info There are no Oversea Details associated with this company.

 

 

 

 

[jdene]

You are right enron must stay calm, wont let them get to me anymore now i have the information to stand my ground thanks to this group.

 

Thanks for that info Dori2o it will come in very usefull

[Enron]

We're all here to help one another...

[jdene]

Have recieved the standard letter today from the office of th chief executive signed by Mark Clibbens, quoting all the ussual OFT only a recomendation to reduce charges to £12, citi was not a party to the OFT investigation, Citi involved with case of Kissick v citifinancial which was dismissed implicitly finding the charges are fair and in conformity with OFT all the ussual standard details we have seen time and time again.

time to move on to the next step, they are not going to learn are they.