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Re: Citi - Opus - Cabot
Morning
Ok, send this back to Wright Hassall (lol - what a name)!! Also attach a copy of the two letters sent from Opus & Citi and highlight the following parts so they stand out to this shower of shyte (who seem pretty thick to say the least)...
Opus letter, highlight the following:
Citi letter, highlight the following:
Send it recorded delivery and see what happens
Morning
Ok, send this back to Wright Hassall (lol - what a name)!! Also attach a copy of the two letters sent from Opus & Citi and highlight the following parts so they stand out to this shower of shyte (who seem pretty thick to say the least)...
Opus letter, highlight the following:
We cannot fulfil your section 78 request; we have refunded the fee onto your Opus credit card account and advise that you are still liable for the balance.
Citi letter, highlight the following:
We apologise for the delay in responding and regret to advise you that although we have attempted to locate the document, to date we have not been successful.....
.....We shall continue to search our records with a view to providing you with a copy of you credit card agreement...
.....We shall continue to search our records with a view to providing you with a copy of you credit card agreement...
Send it recorded delivery and see what happens
Dear Sirs
Account No/Reference No: XXXXXXXX
On 8th June 2010 I wrote requesting that Citi (the original creditor) supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied a document, a copy of which is attached, that confirms the lender does not have a copy of the agreement. Not only once but twice. I was told there was no document by both Citi back on 15.10.2010 and again by Opus on 20.01.2011.
Both cannot be incorrect, surely? I presume you're aware that the OFT has stipulated the following;
As I have attached a copy of the letter, from the Original Creditor, confirming they cannot fulfil my CCA Request then I expect you to also follow suit, and stop harassing me. I am not prepared to enter negotiation over a disputed, unenforceable debt and unless you're confident of success in court then please do not waste my time sending idle threats; instead serve me court papers where I will be more than happy to defend my case and fight the finer details, moreso requesting a statement from the court confirming this account is irredeemably unenforceable in line with s.127(3) CCA1974; due to the omission of the prescribed terms, in the prescribed format at account inception; the fact the lender has also confirmed they do not have the original CCA backs up my case that I was totally unaware of the finer points, when this account was opened.
There are several cases now that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement.
Now moving on, I notice that on a few letters from you and Quantum you make some quite severe allegations surrounding a charge that may be present. Please help me out here, provide me details of this charge as I am struggling to grasp how it is possible to get a charge against a non home-owner? Let me elaborate, on a letter dated 1st August 2012, Quantum stated "You will be aware that our client may have a charging order against your property in relation to this debt"; then followed up with another threat dated 20th August 2012 confirming they'll pass the account to someone that might cause me a right hassle with the intention of "further enforcement" which was duly followed up by this hassling firm (yourselves) who start with the classic "you may currently have a charging order in place on your property" to which I then receive the latest letter again reiterating the fact that "you're seeking to enforce the judgment previously gained against me".
The interesting thing about all this; there is no judgment against me. What, do you think you can just go and get a judge to sign a form and that's that? Or do you think if you were that stupid to issue a claim that I'd not know what to do and panic and then pay up? You're surely mistaken, any such claim will be defended to the hilt with a counterclaim forthcoming in the process. Your bullying will, sadly, not wash with me - let me assure you of that. You do not have any judgment, and the fact both you and Quantum have lied and intimidated a debtor to try and get them to pay into a disputed and unenforceable debt puts you in direct breach of varying OFT guidelines and a suitable complaint will be submitted against you both with your regulators including, but not limited to, the OFT, the ICO, Trading Standards, The Legal Ombudsman and SRA along with others as I see fit.
In light of the above, and the fact this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement, bear in mind the content of the letter from the Original Creditor, I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which consideration to appropriate remedial action will be considered with my solicitor.
I also demand confirmation that no charge is regsietered against "my property" and if there is, then I expect proof along with details of the original claim form (POC) as well as the signed and sealed judgment from the court with the CCJ with a copy of the initial CO hearing and final CO hearing because I really do struggle trying to grasp how on earth you've done so much and went to court 3 times already, yet here I am totally in the dark - yet all along I hold the golden nuggat because I have confirmation from the original creditor that they cannot even supply the original agreement so how the hell can any claim be real without anything on which to base any claim?
You really need to explain yourselves here and fast.
Regards,
Sign Digitally
Account No/Reference No: XXXXXXXX
On 8th June 2010 I wrote requesting that Citi (the original creditor) supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied a document, a copy of which is attached, that confirms the lender does not have a copy of the agreement. Not only once but twice. I was told there was no document by both Citi back on 15.10.2010 and again by Opus on 20.01.2011.
Both cannot be incorrect, surely? I presume you're aware that the OFT has stipulated the following;
Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
- a copy of their agreement
- copies of some of the other documents mentioned in their agreement
- a statement of account.
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
- make the debtor pay the debt before they're supposed to
- get a court judgment against the debtor
As I have attached a copy of the letter, from the Original Creditor, confirming they cannot fulfil my CCA Request then I expect you to also follow suit, and stop harassing me. I am not prepared to enter negotiation over a disputed, unenforceable debt and unless you're confident of success in court then please do not waste my time sending idle threats; instead serve me court papers where I will be more than happy to defend my case and fight the finer details, moreso requesting a statement from the court confirming this account is irredeemably unenforceable in line with s.127(3) CCA1974; due to the omission of the prescribed terms, in the prescribed format at account inception; the fact the lender has also confirmed they do not have the original CCA backs up my case that I was totally unaware of the finer points, when this account was opened.
There are several cases now that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement.
Now moving on, I notice that on a few letters from you and Quantum you make some quite severe allegations surrounding a charge that may be present. Please help me out here, provide me details of this charge as I am struggling to grasp how it is possible to get a charge against a non home-owner? Let me elaborate, on a letter dated 1st August 2012, Quantum stated "You will be aware that our client may have a charging order against your property in relation to this debt"; then followed up with another threat dated 20th August 2012 confirming they'll pass the account to someone that might cause me a right hassle with the intention of "further enforcement" which was duly followed up by this hassling firm (yourselves) who start with the classic "you may currently have a charging order in place on your property" to which I then receive the latest letter again reiterating the fact that "you're seeking to enforce the judgment previously gained against me".
The interesting thing about all this; there is no judgment against me. What, do you think you can just go and get a judge to sign a form and that's that? Or do you think if you were that stupid to issue a claim that I'd not know what to do and panic and then pay up? You're surely mistaken, any such claim will be defended to the hilt with a counterclaim forthcoming in the process. Your bullying will, sadly, not wash with me - let me assure you of that. You do not have any judgment, and the fact both you and Quantum have lied and intimidated a debtor to try and get them to pay into a disputed and unenforceable debt puts you in direct breach of varying OFT guidelines and a suitable complaint will be submitted against you both with your regulators including, but not limited to, the OFT, the ICO, Trading Standards, The Legal Ombudsman and SRA along with others as I see fit.
In light of the above, and the fact this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement, bear in mind the content of the letter from the Original Creditor, I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which consideration to appropriate remedial action will be considered with my solicitor.
I also demand confirmation that no charge is regsietered against "my property" and if there is, then I expect proof along with details of the original claim form (POC) as well as the signed and sealed judgment from the court with the CCJ with a copy of the initial CO hearing and final CO hearing because I really do struggle trying to grasp how on earth you've done so much and went to court 3 times already, yet here I am totally in the dark - yet all along I hold the golden nuggat because I have confirmation from the original creditor that they cannot even supply the original agreement so how the hell can any claim be real without anything on which to base any claim?
You really need to explain yourselves here and fast.
Regards,
Sign Digitally
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