Jane, I have been asked to relay this info below to you as your email address is invalid. If you reply to me and it bounces it will be because my hotmail a/c is bursting, so just keep trying, should get it under control soon, I hope.(posted 7588 days ago)Mark.
Jane Do you know if the mortgage with Citibank is regulated by the Consumer Credit Act (CCA)? If it was taken out on or after 1 May 1998 it almost certainly is. If it is regulated, there a number of CCA issues that can sometimes be used to delay or defeat creditors (this includes firms who have bought the debt). The new OFT Debt Collection Guidance may also be of help (see www.oft.gov.uk). If the agreement is regulated it would be very useful to see a copy. Some secured regulated agreement are unenforceable due to technical errors in the way they are set out. There was a bit about this on Money Box last Saturday - it might be available to listen to again on the net - but they told only part of the story. Also, last week there was an important decision in the House of Lords (highest court in the UK) concerning consumer credit technicalities, and the lenders lost on all the issues (Wilson v Secretary of State for Trade and Industry, formerly called Wilson v First County Trust). If you haven't got a copy of the original agreement, provided it is regulated - i.e. you took the loan out on or after 1 May 1998, the CCA allows you to demand ac opy from the lender as well as a full statement of account from the start of the loan on payment of a fee of £1.00. Sometimes it is difficult for creditors to come up with these, especially if it is an old debt and it has been assigned. If no copy or atatement of account is forthcoming, under CCA, the debt is totally unenforceable through the courts and you would have a defence to any court claim or statutory demand All of the other advice on the site seems to be sound - especially the advice to contact NAMV and/or Ahmed Butt regarding the assignment, but if the agreement is regulated, it may open up a whole new line of defence against the creditor. If you can confirm the date you entered the loan, we can take it from there, as appropriate.