lancasterchelsea v. Citicards***WON IN COURT***

[lancasterchelsea]

here we go.......... fresh from triumph over Hal.... "we pay you extra"... thanks

quick calc says £500 in late charges and overlimit charges

quite a long time ago (4 years), so should be lots of lovely interest

might go for that tricky high interest angle

 

the smile just gets bigger

[lancasterchelsea]

got the brush off from Mark Clibbens....OFT OFT OFT

£12 not retrospective....... in other words sod off your little creep, we've got your money and no way are you getting it back

[lancasterchelsea]

Got Citi defence today.... part refund (diff between £20/£25 and £12)

Allocation questionaire

the key defence paragraphs.....

 

.....unenforceable comman law UTCCR UCTA

.....common law right to charge

.....I haven't particularised the claim.... what were the exact dates the claims arose...

.....I breached the contract and they debited me as per T&C

.....money claim OFT stated that £12 etc send me diff between 12 and 20/25

.....I shouldn't claim via moneyclaim but as damages... therefore no interest due.

I will now investigate next steps re. AQ and have to get away by 22 Nov to my local County Court.... will go through all others at same stage etc

any help would be appreciated.... I've booked Perry Mason

[scoobyandy]

Sounds just about the same as the defence they sent to me - except they claimed that the diff between £12 and £25 has already been paid to Cabot financial (debt recovery).

 

The debt with Cabot was settled in October 05 (in full) and i even asked Cabot the other week if they'd received any payments from Citi and the answer was "No payments since the account was settled" - ooh what competence Citi.

 

I have now written a letter asking that judgment be made for this payment (diff between £12 & £25) and sent to me as the account with Cabot was settled a year ago.

 

No reply yet - nor to my letter objecting to moving the case to Salford and having secret hearings.

 

Keep at the swimes.

 

Scoobyandy

[lancasterchelsea]

Scoobyandy...... your treatment by citi was almost the same as mine. I had a low balance around year 1997/1998 of say a few hundred..... then I was in deep s..t, because of a massive tax bill going back many years etc. I couldn't pay anybody. The citicard rose by approx 1000 in 12 to 15 months. I went into big arrears and they eventually put me on a no interest small payment/hardship scheme (they caused it!!!!). I finally paid balance off last year.

I would love to try and get the 6 years and earlier money..... it must be £2000 plus with reciprocal interest. cheers

[gizmo111]

In your AQ - you will need to make reference to the fact that citi are requesting secret hearings in Salford - they did in mine and it was only when I contacted court for their copy I found out and wrote and objected - hearing will now be local to me. I think most of us have been passed to Hillesden or some other DCA by this shower, uncontrollable debt caused by charges.

[lancasterchelsea]

thanks for advice Gizmo

will include my local court etc in AQ

[lancasterchelsea]

Handed in my AQ today at my local county court. The clerk at the counter said that "these are very popular"..... must be doing a roaring trade.

I will phone court in a day or two to see if Citi have submitted theirs.

[gizmo111]

Handed in my AQ today at my local county court. The clerk at the counter said that "these are very popular"..... must be doing a roaring trade.

I will phone court in a day or two to see if Citi have submitted theirs.

 

About as popular as Charles & Camilla - more of a necessity to get our money back.

[adamski]

Yes

I got the impression the court staff believe we actually want to take these companies to court, and it us that is causing them a lot of work when it is banks fault for ignoring our lawful demands!

adamski

[MARTIN3030]

Yes

I got the impression the court staff believe we actually want to take these companies to court, and it us that is causing them a lot of work when it is banks fault for ignoring our lawful demands!

adamski

 

 

Or trying every delaying tac known to man:rolleyes:

[lancasterchelsea]

phoned court today.... very helpful clerk said that the judges were having a big pow-wow and there were "saving up these 'til Jan" when they were going to have a big splash (my words , not his)..... Citi have put in their AQ... but cannot see papers (note that computers are now 60 years old) at moment. The Judges have got them

[lancasterchelsea]

Got Notice of Allocation to small claims track (hearing) today.

the hearing is on 19th March 2007 at my local County Court, not at Salford. The preliminary hearing is on 5th March. Each party should serve standard disclosure of documents by list no later than 10th Jan 2007 (whatever that means). I'll have to go through all the threads to find out what to send. Roll on March.

[lancasterchelsea]

Standard list of disclosure sent today to Citi and Court after tireless help from Gizmo. many thanks

[lancasterchelsea]

My preliminary hearing is on 5th March.... about a week away...panic

The main hearing is 2 weeks later on 19th...... less panic

The court letter said to have bundle ready by 14 days before hearing.... ie 5th March, so I suppose that means I can take it with me to the preliminary hearing on 5th.

I completely forgot to write to court about not having list of standard disclosure from Citi.... I have written today so should get to court on tuesday.

I have the list of standard disclosure, and some of the stuff is ready for bundle. but all the other... Dunlop Pneumatic tyre versus the Incredible Hulk.... I suppose I download from library and printoff. Do I need 3 sets? One for court, one for Citi, and one for me ???

Is it too late to introduce some new material. I want to argue that the cost cannot possibly be £12. I have been designing computerised costing/pricing systems for 30 years, and the true cost is probably a few pence

[lancasterchelsea]

have my preliminary hearing next week. As I understand it, the judge will decide on how he/she wants to conduct the full hearing 2 weeks later.

 

I received a skeleton argument from Citi last week. A very strange document. An exercise in defending the indefensible. "We know more legal stuff than you do, so there"

I need to complete all my stuff in the next few days

 

I can make up 2 sets bound with reference labels etc..

 

what happens at a preliminary hearing?

do I put my case as if it was a full hearing?

Do I need to remember all the cases etc?

Oh No!

or is it a gentle chat?

Will Batman escape from the Bat Cave in time?

 

 

is there anyone who has done a Citi preliminary hearing recently

[lancasterchelsea]

Just back from court. Only the judge, me and 2 spiders..... no Citi representative there.

The judge was very friendly and helpful.

The hearing was a preliminary hearing, and he started by asking me did I expect the claim would go to a full hearing at a higher court, where if I lost I would be responsible for Citi's costs. He was trying to assist me in knowing what might happen down the line. I replied that I didn't initially expect it to get that far, and would have to think about what to do next. He cancelled the small claims court hearing and moved it up to a higher court (didn't catch what it was) and I should expect the hearing to last all day (blimey!!!!).

He said "you will make history as the first person to go to full court with Citi"... blimey. If it gets that far.

I will get a letter with all this written down

Finally ... massive thanks to Gizmo, who has guided me through the whole process

__________________

[hondamad21]

Hi Lancasterchelsea,

Wow! I know that most of the judges are friendly. They know how much time banks have wasted by not turning up.

 

Well just wanted to wish you luck! I am also taking citi to court, the return date being 03/04/07.

 

hondamad

[MARTIN3030]

Well done LC.

Suppose the Judge was unaware of interesting developements ahead.

[lancasterchelsea]

thanks Martin and Honda..... I might need some "interesting developments" if I have to spend all day in court on my own. It reminds me of Kafka. Think of a number.....

I got a big pack of stuff from Salford/Citi today. Not had chance to go through it in detail yet, but it includes the Citi FD's calculation of cost (direct plus indirect divided by number of transactions). That's a very sad ratio. Obviously he doesn't give the numbers.

Will keep everyone posted when I get some more time

[MARTIN3030]

I am sure we can make some time to accompany you at the next hearing.

If I can get there I will.

[Enron]

thanks Martin and Honda..... I might need some "interesting developments" if I have to spend all day in court on my own. It reminds me of Kafka. Think of a number.....

I got a big pack of stuff from Salford/Citi today. Not had chance to go through it in detail yet, but it includes the Citi FD's calculation of cost (direct plus indirect divided by number of transactions). That's a very sad ratio. Obviously he doesn't give the numbers.

Will keep everyone posted when I get some more time

 

Same as everyone else has been getting, i've got a copy of it here from another case.

[lancasterchelsea]

WON............. judge struck out Citicards defence this morning

Citi to pay me in full

more details later today

[Enron]

Congratulations!!!!!

 

I can smell a strategy beginning to form.

[hondamad21]

Well done!!! :D:D

 

 

Can’t wait for the full details. . .