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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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citifinancial are unable to find my agreement **SETTLED**


spuddly
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Hi all ,

On the 14th march i sent out a letter requesting a copy of my agreement with citifinancial by recorded delivery and on the 10th april they replied,with Royal Mail nextday delivery,

 

Dear mr XXXXXXXXXX

 

REFERENCE REQUEST FOR COPY OF AGRREMENT

 

Thank you for your recent letter the contents of which have been noted.

 

The agreement has been ordered from your local branch and should be with you soon.

I apologise for the delay thus far in this process.

 

Yours sincerley

Michael cleugh

Data protection officer

citifinancial and future mortgages

 

Then on the 24th april again by Royal Mail Next day delivery i recieved this letter.

 

 

Dear MR XXXXXXXXXX

REFRENCE REQUEST FOR COPY OF AGREEMENT

 

Thank you for your recent letter, the contents of which have been noted.

 

Further to earlier correspondence, your local branch were unable to locate your agreement, we are therefore unable to provide you with a copy of the agreement as you requested.

Please note that we do have systemic records of your account opening and a record of repayments.

I have enclosed the cheque you sent us with your original request and i apologise for not being able to met your request fully.

 

yours sincerley

 

Michael cleugh

Data protection officer

Citifinancial and Future Mortgages

 

 

Interesting letter, but they have

not included the £1.00 cheque or my original leter as they said they had.

 

Also the account number that i originally sent the request for has not been added to either letter from them :confused: ??

 

Is this admission of no agreement between myself and citifinancial, if so what would be my course of action as this debt is on a DMP and due to be paid 1st of the month.

Thank you

Spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Time for a trip to Trading Standards! :D

 

They must produce the agreement in court to get a judgement!

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83713-cca-request-non-compliance.html

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

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Cheers ..thanks for replying so quick

Heres the letter i will be sending by recorded delivery

 

 

CitiFinancial Europe

6 admiral way

Doxford International

Business park

Sunderland

SR3 3XW

 

Dear sir

 

RE xxxxxxxxxxxx

I refer to my letter dated XXXXXXX which was delivered via Recorded Delivery to your offices on XXXXXXXXXX.. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the XXXXXXXXXX I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time CitiFinancial purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states 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

Therefore on XXXXXXXXXX this account became unenforceable at law and no further payment will be made by myself to the account,as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from CitiFinancial:

All payments made to date to CitiFinancial for this account should be refunded in full, including interest at the rate of 8% per annum

2. Removal of all defaults entered by CitiFinancial. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4 After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force CitiFinancial or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

Yours sincerly

 

 

Pretty powerfull communication ..

 

should i contact my DMP and ask them not to pay citifinancial as of now

Cheers..

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Yes, that's the general idea :)

 

Just ammend any template letter to suit your own needs/purpose.

 

Good luck, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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hI,

I sent out 5 letters requesting credit agreements for diffrent companies and only 1 has returned an actual photocopy of the SIGNED AND DATED agreement, so i am amending this letter and sending it to the other four who have not met the 12 day/ 30 day deadlines and are now oficially commiting a crime under law...

 

"Quote" You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence.

spuddly.

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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  • 3 weeks later...

I was wondering!!! from an earlier in this thread..

 

they said on there letter....

 

Please note that we do have systemic records of your account opening and a record of repayments.

.

 

yours sincerley

 

Michael cleugh

Data protection officer

Citifinancial and Future Mortgages

 

once i have submitted a CCA to my creditors is it not at this point that CITIFINANCIAL and EACH ONE OF MY CREDITORS should be supplying me with copys of my account under the CCA 1974?? even if they dont hold the ACTUAL AGREEMENT/S.

or

would a S.A.R - (Subject Access Request) cover this?

or BOTH??:confused:

 

(and i still have not recieved my cheque and orignal request )

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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I require the following action from CitiFinancial:

All payments made to date to CitiFinancial for this account should be refunded in full, including interest at the rate of 8% per annum

 

 

I can understand that if they do not have a valid CCA then interest should be refunded on the basis that the amount the consumer has agreed to cannot be ascertained. However, what is the basis for having the full amount of the payments made refunded? Surely it is clear the money has been borrowed from the statements etc.

 

Any clarification on this would be appreciated.

 

 

seabro

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Firstly i am not disputing the debt, however the actual account was set up with AVCO TRUST PLC which then went to ASSOCIATES CAPITAL which then went to CITIFINANCIAL, who should have the original CCA in order to collect my payments Lawfully.

 

secondly i have sent a SAR which will inform me of all the details of payments i have made to CITIFINANCIAL(when they cash my £10 cheque).

As they have not supplied the CCA then all monies paid to them by me should be returned under CCA 1974. Then and only then will i pay the company that holds the Gold ticket(CCA).

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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recieved a reply to my LBA today...

 

 

Dear Mr XXXXXXXXXX

 

Thank you for your letter the contents of which have been noted.

 

Further to earlier correspondance, please find a transaction history of your account attatched. Aii intervention was automated and were arrears administration charges.Please find enclosed your cheque for £10 enclosed as the transaction history could have been requested with your initial request under the consumer credit act.

 

The rest of your query has been passed to our leagal department who will review and a response will follow in due course.

 

yours sincerley

 

 

Michael cleugh

Dataprotection officer

citifinancial & future Mortgages

 

STILL NO CCA but they did send me a statament which inclues one debit of £80.16 in call back charge and £ 70 in payment fees...:mad:

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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  • 2 weeks later...

cancelled my DMP...

With all your help i can conquer this ...

regaining control of my finances.

 

Spuddly:D

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Got letter today from citifinancial it goes...

 

 

WITHOUT PREJUDICE

 

 

Dear Mr XXXXXXXXXX

 

REFERENCE REQUEST FOR COPY AGREEMENT

 

Thank you for your recent letter.

 

 

We are concerned that you appear not to recognize that funds are owed to us. We acknowledge that a copy of agreement should have been available to you at your request and we take the consumer credit act very seriously. We also make every effort to hold customer files securely. In this instance, it would seem that your agreement was inadvertently destroyed. We therefore on this occasion, do not plan to enforce the agreement any further. We also would like to take the following actions in order to bring this situation to a close:

 

1. Close your account forthwith.

2. Write off the current balance of £1,667.36

3. Remove your record from the credit bureau.

4. Remove all late charges applicable to your account (£70).

 

As a result, We would expect no further payment to your account.

 

We trust that you appreciate the sincerity of this gesture, as we feel that the fact that money's were lent and received has never been in question.

 

Please confirm in writing that you accept the above terms, as full and final settlement of your account. Upon receipt, We will write to you and confirm that the above action has been taken.

 

We thank you for bringing these matters to our attention.

 

Your sincerely

MICHAEL CLEUGH

DATA PROTECTION OFFICER

CITIFINANCIAL & FUTURE MORTGAGES

 

,How do i reply to this they have not made a comment on returnng my payments ?.

When did they destroy my CCA 2 months/years !! after i signed it... when?

Finally sent cheque for £1.00 back.

Wheres my history of payments ETC..?

  • Haha 1

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Fantastic letter Spuddly, you have answered a lot of the questions we were pondering. Citicards said they didn't have to supply agreement and that it was on the card carrier, they are now in default of the 12 days and we are counting down to the 30, our only question would be why only 8% if they have been charging some ridiculous figure of say 30% plus, you should surely reclaim at that rate?!!!

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You really can't have it both ways. You can't have a debt written off and claim back payments/charges etc. This would be considered enrichment, under common law the issue of enrichment is taken very seriously.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks for your comments , so i guess ill just accept there offer as final.:)

  • Haha 1

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Probably the best idea - the writing off of debts is dealt with by statute. Statute tends to see enrichment as irrelevant as it's usually (as in this case) as a result of the creditor not following statute.

 

You have won and should be happy enough with that :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Spuddly, you have got a superb result there !!

Closed account AND cleaned CRA record.

 

As Rory says continuing with your action maybe fool hardy.

I believe that a judge would take a very dim view on this.

Be VERY careful whose advice you listen too

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:D Believe me i am EXTREMLEY HAPPY with the outcome:D

I am now aware of what you can and cant do when given a result such as this and i view ALL the advice and help in making a final decision.

Cheers

Spuddly:)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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I only do this on special occasions! What a result! yipee.gifdance.gifthumbsup.gif

 

 

ballons.jpg

 

Another one to us!

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Aww aren't they pretty!!

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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My wife will love that , she is already on cloud 9 after todays result...

Many thanks

 

Spuddly:D

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Great news Spuddly, I'm sure you got that because you were so stern/masterful in your letter so think we will still follow your example. Wow DiskmanDave, how did you do that, that is so fab, its almost psychodelic, oh damn, now you will have guessed what era we are from!!! Never mind I'm a working pensh and proud of it even though Gordon has stolen our money; could be worse, we could be junior doctors, poor souls!!!

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I would like to thank everyone on this Fandabidozi site (showing my age also), for all your praise on this outcome.;)

I am now concentrating on knocking down my next coconut with my bean bag !!!

 

CABOT & PARAGON ARE IN MY LINE OF SIGHT........:eek:

Check out my posts and you see that i have treated them the same as citifinancial hopefully to the same outcome.

 

Spuddly:cool:

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Well done spuddly! I'm currently fighting citifinancial through their collection agents. They have committed the offence some 37 days ago! yet even sending a similar letter to yours, they have not responded other than continuing to attempt to collect whilst in default & having carried out an offence! All I can do is wait as TS & OFT have been informed.....

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Keep your chin up Zander, Citi are still sending us statements showing interest and late payment charges even tho' they haven't got agreement, we are just waiting until 30 days are up then we'll be reporting them.

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