Citicards tactics adjustment?

[icepop55]

Hi to all with Citicards issues.

 

First post on this site.

I need a little help from you please.

History

 

Sept 06 when on a DMP with the CCCA (with 8 other creditors)

Mar 07 assigned my contract to 1st Credit (DCA)

11th Arpil C/Court issued to Citicards-deemed to be served on the 16th. Defendant has until the 30th to reply for charges against account.

10th April sent a CCA to 1st Credit.

REPLIES

 

 

1st Credit on the CCA request dated 12th April say it will take a month to seek clients agreements. They had until the 23/04 to comply. Deadline has now passed (12days) and counting.

 

To date no reply to defend the C/Court Notice of Issue.

 

Today received a letter from Mark Clibbens; Quote "Please find enclosed a cheque for £147.66 towards the above customer's account. If there is no longer a debt for this customer, can I ask that you please send the cheque back to me as soon as possible".

 

The cheque is in 1st Credit name.

 

Question. What tactic is CitiCards playing at?

[Enron]

Sounds like Citi have sent a cheque of refund between the difference of the higher charges and £12 - but accidently sent it to yourself.

[icepop55]

Thanks for the reply. But where do I stand on this. Has anyone had this done on them Enron?

[Enron]

The CCA request, i'd be tempted to make a complaint against 1st Credit through the information commissioners office.

[icepop55]

Who are the ICO and where do I contact them. What would I say to them regarding this.

This letter was address to me including the cheque but (address to 1st Credit with name on the).

Why pay them when I requested that payments to be sent to me.

[Enron]

The complaint would be about your CCA not being supplied to you.

 

ICO – Information Commissioner's Office

[gizmo111]

The complaint would be about your CCA not being supplied to you.

 

ICO – Information Commissioner's Office

 

Sorry to correct you here, but the ICO is nothing to do with cca requests, read here.

 

What is it you are trying to acheive with the CCA request?

[Enron]

No problem.

[icepop55]

Hi,

 

Your right about this site being monited by Citi.

Today received a phone request by 1st Credit with all the frills about what there going to do! However, I still have not heard whether a defence has been recorded through MCOL, Monday is the deadline set by the courts?

 

It seems the cheque sent by Citicards through me is to say that their have settled but not informed the courts or me. I beleive there want me to send the cheque to 1st Credit as it is already made out to them.

The £147.66 is for (late payment charges plus £30.00 court costs)

 

In my letter to CitiCards I expressed that payment should be made to me.

 

Can anybody help me on what to do next.

[icepop55]

Hi Gizmo

You asked what I am trying to acheive with the CCA request.

I wish to estabish a true copy of the agreement and whether as (1st Credit DCA) put it to me "we take no notice of such request".

1) Can their sell the debt without a copy

2) Try to remove the default notice

 

Am I right or not?

I would like some input on this as it seems you have valuable experience on this matter.

[icepop55]

Hi to all

 

Received today a letter from 1st Credit.

Quote "we have recently obtained Office Copy Entries from Land Registry and note that you jointly own the freehold in the above property. As a result with instructions to secure a CCJ against you and enforce this by way of a Final Charging Order registered against your property. Should we succeed in obtaining a FCO, we will be applying to the court for an 'Order For Sale', of your property".

 

Citicards/1st Credit have still not complied to the CCA sent 10/04/07.

Where in the site is a none compliances letter so I can reply to they actions.

Can someone please help.

[lickthewallfatboy]

Ist Credit breached the CCA by not complying within 12 working days.If they have still not complied after 30,they have committed a criminal offence.

 

Your account is in dispute,and as such no further action may be taken by them until it is resolved.

 

A quick letter reminding them of all the salient points would be prudent at this time-also a letter to the FSA and your local trading standards outlininh their CCA breach-and tell them you are reporting them to these bodies

 

 

pure scare tactics on their part.....play them at the same game.

[icepop55]

Thanks for your reply LTWFB. Is there a template letter to write to the FAS and LTS bodies?

 

Update concerning Citicards. I have placed a 'Notice of Judgment Entered' against Citifinancial dated 2/5/07.

As written here I received a cheque for the whole amount £147.66 but made out to 1st Credit.No defence had been submitted.

[groovycaz]

Hi I obtained judgment against citicards through default as they did not file a defence on time. they filed an acknowledgment intending to defend the claim and the deadline was 30th march. So I obtained judment on 5th april, heard nothing so on 23 april rang the court for advice about enforcing the jugment and was told that on that morning citi had applied to have the jugment set aside because the matter was overlooked, also citi had had succesfully defended dozens of times and had real prospect of defending my claim, B Smith also claimed that i would suffer no pregudice by any set aside as i currently owed them around the same amount of the claim and if i won any money would be set off against the debt. Firstly would you know if i can object to the set aside when 18 days had passed before his application, also the debt he claimed i had is the result of fraudulent transactions which were reported to the police and are under investigation for which i have a crime number and he would be fully aware of,

does any one know how many cases citi have succesfully defended, I believe he is misleading the judge.

If i can object to the set aside would anyone know if there is a time limit of my intentions and if there is a special form for me to do this, I think it might be 14 days from their application which would mean that i would have to put something into court by this tues, any help or directions would be most apreciated

[gizmo111]

Can yu PM me your e-mail addy please I have some info for set aside objection.

[icepop55]

Does that include me too? Gizmo.

[gizmo111]

Does that include me too? Gizmo.

 

Don't think you need set aside stuff yet, when they defend let me know.

[icepop55]

Thanks. I'll taken note.

[icepop55]

Hi to all,

 

Issued a Judgement 2/5/2007 against Citi for none payment. Is my next step a 'Warrant'?

Please advice.

[groovycaz]

Yes and do it straight away, I waited to long, about 3 weeks and was just about to enforce the order when they applied to have the judgment to be set aside, its one of their time wasting tactics so get in there first.. GC

[icepop55]

Thanks GC. Will do as adviced

[icepop55]

MCOL

Your warrant request has been accepted. The warrant has now been sent to the bailiff at the appropriate court for action (Reading).

 

Received today.

[icepop55]

Hi all

Update!!!

 

Recieved on Sat 12/5/07.

Quote:

Due to an oversight, my client failed to inform you that it had settled this matter by remitting to 1st Credit the entire sum claimed thus reducing your debt to that agency. This approach to claims by debtors where the debt has been sold on has been approved by several courts and is my clients practice.

Love and best wishes yours BRIAN SMITH

 

As adviced I issued a warrant to Citi dated 10/5/07 stating defaults on all that was required by the courts. Letter sent from BS 10/5/07.

Question? do I contact the court with quiry, with the warrant outstanding, or stand my ground and demand that Citi pay me as requested. The sum now stands at £202.66 with the extra fee.

 

I need somebody's help on this. Can you please advice?

[miss muppet]

Not an expert on this but I would query this with the Court. As GC said earlier sounds like one of their delaying tatics, meant to frighten, I feel that as the warrant has been issued, they will have to pay up, as I understand it, they have written to you, not the court.

[groovycaz]

They always use the excuse that its, an oversight or its been overlooked, I would ask the court for advice because if you have judgment in your favour you are entitled to enforce it. Was the judgment awarded to you or 1st credit? if it was to you whatever B Smith says about this being his clients practice and approved by several courts was it approved by your court, hes stalling again,howcome he didnt defend your case, after all he said in a letter to me that citi defend all cases, have you seen his new tactic in the Fraser v citi thread. If it was me i,d fight it, an oversight is no excuse they are a massive multi national company and must have shed loads of people working for them. In the Patricia Pearl book it states that a judgment debt can be enforced at any time after judgment so you are well within your rights to do that GC