Citicards CCA request - Does not apply to Citicards!!

[Enron]

Out of interest do you have any balance on the card at all?

[stroke a badger]

it stands at less than £100, but until Wednesday last week it hadn't been used for a LONG time but I needed to get two new tyres and that was the only card I could find.

[Enron]

Cancelled mine a while back, with the balance remaining relatively small.

 

Still tempted to CCA them though as it looks as though they're agreements are inadequate - my account is really, really old as well.

[stroke a badger]

Hmmm, I've just had a thought :o

 

If a creditor can not produce an executable agreement as defined by the Consumer Credit Act would I then be with in my rights to request a refund for all interest paid.

[Enron]

Yep, your absolutely right there.

 

The judge has the power to order all interest to be repaid in the absence of a valid CCA agreement.

 

And will have even more powers when the Consumer Credit Act 2006 comes into play later this year.

 

Though i'm not sure if this is limited to 6 years, and whether the claimant has to provide the figure which they are claiming...... which is most likely.

[star_scream]

Quick update

 

Cit have now sold my debt on to 1st credit. I have written telling tham Citi never sent a copy of the CCA. Do I have to send them a £1 as well? Citi cashed my cheque and have not produced one.

Selling my debt on, is this good or bad?

[Enron]

Hi, you need to start posting on your own thread - that way its easier for people to keep track of your progress and offer you advice.

 

http://www.consumeractiongroup.co.uk/forum/citicards/133304-citi-refusing-send-copyof-3.html

 

Gonna look into this for you, but my would guess that if they have continued to add charges and interest during the period they have been in default of your s78(1) CCA 1974 request they have broke the law.

 

Will take a look at their terms & conditions with relation to the debt being sold on at this period.

 

Would have thought that Citi should have informed you at the time of the alleged debt being sold on as well.

[star_scream]

Hi, you need to start posting on your own thread - that way its easier for people to keep track of your progress and offer you advice.

 

http://www.consumeractiongroup.co.uk/forum/citicards/133304-citi-refusing-send-copyof-3.html

 

Gonna look into this for you, but my would guess that if they have continued to add charges and interest during the period they have been in default of your s78(1) CCA 1974 request they have broke the law.

 

Will take a look at their terms & conditions with relation to the debt being sold on at this period.

 

Would have thought that Citi should have informed you at the time of the alleged debt being sold on as well.

 

Ha Ha thanks, I thought this was my own thread. Thanks for pointing that out. Apologies stroke for Hi jacking alzheimers getting worse!

Edited June 6, 2008 by star_scream

[wednesday1867]

Would I then be with in my rights to request a refund for all interest paid.

 

You will have to have to do a search on this, but from threads i've come across on here, the general consensus is that the payments you have made, in the eyes of a Judge are likely to be classed as voluntary payments and/or a case of unjust enrichment.

 

I'm no whizz, by any means, but that is what i have come across. Which is a shame, i have a loan and a credit card, one failed to supply a signed agreement and the other just didnt send me anything.

[stroke a badger]

I received a phonecall this morning from a rather pleasant gentlemen from the FOS regarding my complaint. As almost a year has passed since I first lodged my complaint he requested that I summarise why I was complaining and what I wanted to achieve by complaining to the FOS.

 

Regular updates to follow.

[Enron]

On a similar route to yourself, complaint is with the FOS.

 

But more likely to go down the legal route, mines an old account dating from the time of Peoples Bank - got an S.A.R - (Subject Access Request) for the agreement waiting to be fulfilled which will go legal if its not complied with by the end of the statutory period (end of July)

[stroke a badger]

Update -

 

 

Enron - Cheers for the PM, I'm going to be having a read later.

Edited July 11, 2008 by stroke a badger
fingers

[Enron]

We'll just have to wait and see what the Ombudsman comes up with.

 

They go into default on my SAR for a copy of the executed agreement on 28th August, doubt anything will turn up before then because they dont have one.

[WelshMam2009]

I received notification from FOS that they have written to Citicard insisting that they send a signed copy of the CCA with in four weeks-I'm not holding my breath!

 

If they fail to produce a signed copy then i suppose the next step would be litigation.

 

I know this is an oldish post, but did FOS instruct Citi to provide a copy solely upon your CCA request SAB??

[stroke a badger]

Afternoon WM2009.

 

I'm running a bit late at the moment but will update you this evening. Watch this space

[WelshMam2009]

Afternoon WM2009.

 

I'm running a bit late at the moment but will update you this evening. Watch this space

 

Thanks SAB...your input would be greatly appreciated... at your convenience of course!!

[stroke a badger]

Sorry for the delay, the past couple of weeks have gone in a blur!

 

Right, the long and the short of it is that the FOS believe that Citi have produced what they are required to under the act and morally I should repay the balance with out delay. The latter i do not have an issue with, however as stated in numerous letters to Citi and their henchmen i will settle the account once they satisfy my request for a copy of the CCA, credit the PPI charges and explain why they were added in the first place.

 

The FOS were to be honest worse than useless as they asked me to define "enforceable", which i did however they still did not believe Citi have done any wrong. They also refused to address the issue of the random PPI charges as they felt it should be dealt with as a separate complaint.

 

I have left this since August as Citi have not been chasing me or registered any adverse payment markers on my credit file. So you can imagine my surprise when I checked my credit report last week only to find a default from 1st Credit for an amount £3k more than my closing balance!

 

I think the only way forward is to consider the route of a CPR request.

[WelshMam2009]

Sorry for the delay, the past couple of weeks have gone in a blur!

 

Right, the long and the short of it is that the FOS believe that Citi have produced what they are required to under the act and morally I should repay the balance with out delay. The latter i do not have an issue with, however as stated in numerous letters to Citi and their henchmen i will settle the account once they satisfy my request for a copy of the CCA, credit the PPI charges and explain why they were added in the first place.

 

The FOS were to be honest worse than useless as they asked me to define "enforceable", which i did however they still did not believe Citi have done any wrong. They also refused to address the issue of the random PPI charges as they felt it should be dealt with as a separate complaint.

 

I have left this since August as Citi have not been chasing me or registered any adverse payment markers on my credit file. So you can imagine my surprise when I checked my credit report last week only to find a default from 1st Credit for an amount £3k more than my closing balance!

 

I think the only way forward is to consider the route of a CPR request.

 

I honestly have to question why we have regulating bodies when they are this pathetic. No wonder the banking industry has got away with getting the country into dire straits...there's no begger policing them!!

 

Did Citi actually provide anything other than the computer printout SAB??

 

Am complaining to OFT as suggested by Enron....just so many battles occurring at once!!

[lollipop73]

I agree WM, I sent a letter of complaint for my Mum in Law to the OFT about three weeks ago now-they haven't even bothered to acknowledge receipt of the letter.

 

 

So I think we have no option but to go down the CPR route which quite frankly would be enough to finish her off. She is beside herself.

 

 

The regulatory bodies should be writhing in shame.

[Enron]

Waiting to hear from the ICO, at which point this will go legal if my credit file is not fixed.

[finley303]

HI

just looking at citicards thread i sent t them a ltter asking for cca under civil Procedures rules got a letter back saying send a pound for copy of aggrement under consumer credit act i did not think i needed to pay for cca under Procedures rules but i didsend £1 asking for cca did not get a reply after 3 weeks so sent them a do not acknowledge debt letter still no reply to that after 3 weeks but they still keep sending statements

fin

[lollipop73]

Arrogant a holes Fin, you've sent the account in dispute letter so just hang fire.

 

 

The ICO letter for my MIL arrived, please speak to the company involved is what she got. Typical.

[stroke a badger]

Update

 

So after 2 years of 1stCredit threatening legal action through Connaught Collections I have received a without Prejudice "Final, never to be repeated" offer of settlement as to save legal costs, this has been filed with the rest of the 1stCredit fanmail.

[Enron]

They went very quiet one me....... mainly because they know I have an unenforceable executed agreement - funny though as they asked me for a copy, because Citi aren't furnishing them with anything.... needless to say they didn't get one.

[Enron]

Plus, if they are offering you a 50% discount - it's likely they're making 35%-40% on their purchase, as they likely bought it for between 10%-15%.