citifinancial are unable to find my agreement **SETTLED**

[spuddly]

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 ??

 

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

[diskmandave]

Time for a trip to Trading Standards!

 

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

[spuddly]

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..

[diskmandave]

Yes, that's the general idea

 

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

 

Good luck, Dave.

[spuddly]

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.

[spuddly]

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??

 

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

[seabro]

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

[spuddly]

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).

[spuddly]

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...

[spuddly]

cancelled my DMP...

With all your help i can conquer this ...

regaining control of my finances.

 

Spuddly:D

[spuddly]

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..?

[miss muppet]

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?!!!

[rory32]

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.

[spuddly]

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

[rory32]

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

[Curlyben]

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.

[spuddly]

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:)

[diskmandave]

I only do this on special occasions! What a result!

 

 

 

Another one to us!

[rory32]

Aww aren't they pretty!!

[spuddly]

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

Many thanks

 

Spuddly:D

[miss muppet]

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!!!

[spuddly]

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........

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

 

Spuddly:cool:

[zander]

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.....

[miss muppet]

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.

[zander]

Well, they just seem to be digging a bigger hole for themselves, 38 days since offence committed! (nothing from TS or OFT)