What legal status does my ultimatum have?

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After Citibank has repeatedly failed to fulfil their legal obligations under the DPA and respond properly to SARNs, we sent a letter with a one week ultimatum to them: either respond to the SARN or else write confirming you will not at any point in the future approach us for money. We added a clause saying that if no answer was received by 15th October, we would take that as a tacit agreement to the second option, and consider the matter closed. No answer arrived. It's now the 17th. What do you reckon? What would a court think? ps- as a matter of course we've also requested an assessment of the case from the information commissioner.

-- Melody (mbc109@york.ac.uk), October 17, 2001


A court, I believe, would look at them in a bad light for not replying but little else.

As to the legality there is no harm in doing it. I did myself last year and then heard nothing more for 3 months when a different company wrote to me. Basically all it probably does is show the judge that you have replied within their time limits, where humanly possible, and that they have absolutely no regard for CPR and the 'level playing field' approach.

As to have they missed the boat? There is nothing to say that a letter will not arrive in a week or 2 date marked 15th or earlier. A post mark on the envelope may not assist as I have one marked 2 weeks before it arrived by 1st class mail and another marked 8 days before it was SENT. So they can date things however they want.

I reckon that they have gone on a fact finding mission to see if you are worth the chase. They amy not write again for a while and when they do they will basically ignore everything that has gone before. So simply ask again for all that you have asked for especially the SARN data and let them play ball for a change.

Also, yes report them to DPA.

-- Matt (mattyc@ntlworld.com), October 17, 2001.

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