I've recently filed a judgement by default and I'm encountering a few problems. Firstly, the default was sent to a PO box address and I'm now waiting to hear from the court if it's enforceable. Does anybody know anything about this? Secondly, as I expected, CITI are trying to set aside on the usual excuses, they didn't receive the information, they don't have the resources to deal with all the claims, the Potter case. And lastly that I've settled with them. They sent me a cheque for a small amount - after I'd filed my judgement by default. I've sent the cheque back to hem (this time not recorded - as this is how all of their correspondence is sent to me). They believe that by sending me a cheque that is me agreeing to settle with them, even though I've not cashed the cheque? They have stated that I've attempted to mislead the court because I've 'accepted' their cheque but still filed for judgement (even though I did not receive their cheque until after I'd filed judgement) Is there a way of me countering this set aside at this stage - what shall I do? I really really need some advice here so I know where to go with this, quickly. Please let me know if you'd like to PM you further details. PatsyTheCat

Sorry but this is making me angrier and angrier the more I think about it. I looked up set aside and if I understood correctly it means that Citi are claiming that they didn't receive the court papers and therefore did not know there was a claim against them (A number of very offensive words spring to mind). Do the court send papers recorded delivery? If not why not? Why would any defendant bother to defend a claim if they can just turn around and say they didn't receive the papers and therefore want a set aside? :mad::mad::mad:

Thanks for the info guys. The letter does say "Full and final" so I'll send it back. This makes me really angry . Can somone explain the grounds for a set aside (Apart from my limited understanding which is that they couldn't be bothered to defend the claim and the court saying well OK you don't actually have to pay anything then), why a court would entertain it and also how I go about countering it? Sorry for the rant it just makes me quite angry.

Hi, I heard from the court this Morning that Citi have not filed a defense in time and that therefore I have won by default. The court is now sending them the CCJ and demand for payment. Problem is that while all the court stuff was going through they sent me a settlement offer of about 35% of the total along with a cheque for that amount. I still have the cheque. My question is what do I do with it now? Do I cash it and wait for the remainder? Or do I send it back and insist on the full amount? Thanks in advance. PTC

Hi, Sorry if this is the wrong place or even if this site doesn't really deal with these issues but the info I've got from here in the past has been good so I thought I'd give it another go. I work for a small company which is owed money by a couple of larger companies (One of which is a solicitors). Both of these companies are giving us the runaround one of which has been for about a year. We want to start the legal process and I was wondering if there are any good step by step guides anywhere with default letters etc. Is there anything different about the process compared to claiming money from a bank? I remember reading that all correspondence needs to be sent to the debtor's company secretary at the head office, is this true? Are there any other differences? Is there a de facto guide anywhere? Thanks.

Hi everybody, Thanks for all your help here. I'll keep hold of the chq (but wont cash it) and will liase with the court about it. Apologies for muddling my threads and thanks for sorting them out for me. x

I'm hoping for some advice here: I've filed my court claim with CITI and have heard NOTHING from them. I filed my judgement by default after Christmas but because the court are 'snowed under' they do not know for certain if CITI have filed any paperwork in the given time and I need to check with them next week. In the meantime I've received a cheque from CITI (for much less than the amount owed). My questions are: a) Do I need to let the court know about the cheque? (I dont plan on cashing this cheque). b) Should I send it back recorded with a letter to CITI explaining that it's now in the hands of the court. I'd really appreciate some guidence here as I dont want CITI to try and confuse matters with the cheque. Thanks in advance for you help.

Thank you soo soo much everybody. Court Claim in all done and it's going to my local court tomorrow. I'll be in touch as soon as I get my AQ - hope that's ok. You've all been so supportive. Thanks x PTC

Thanks guys but it still doesn't look right to me. This is the first part from schedule 1: "1. We will set a credit limit for your Account and keep you informed what it is. We may 7.3 at any time breach the terms of this agreement in any other way, we may, in change your Credit Limit at any time but will tell you when we do. addition to other action we may take, replace any lower promotional rate" Is it just me or does that not make any sense?

Thanks everybody. I'll PM Zhootscoot and wait to hear back from you on this. PTC

Hello Everyone, Still hard at it, just filling out my POC a couple of questions about schedule 1. Some of it seems to be pretty jumbled up for instance this is the first paragraph: 1. We will set a credit limit for your Account and keep you informed what it is. We may 7.3 at any time breach the terms of this agreement in any other way, we may, in change your Credit Limit at any time but will tell you when we do. addition to other action we may take, replace any lower promotional rate [/font] Is this right? Once again thanks for all your help. PTC

Thank you so much. I'll get my claim going to the local court then. Will let you know how I get along.

Another couple of questions... promise I'm nearly there! I've just looked at my figures again on the spreadsheet pre sending the information to my local court. During the time I had the account, CITI did refund some of the (excessive) charges directly to my account. On my original schedule of charges, I did not include the full history of refunds on the spreadsheet. I added at the bottom of the original spreadsheet - total refund of £xx.xx in one transaction. On thinking about it further I thought it was best to show the history of charges/refunds as single items (as and when they happened) on an amended spreadsheet. I've also noted that there is a £25.00 discrepancy in my claim (the owe me). A couple of questions: 1) because the overall figure of the claim has changed, do I need to re-supply them with an updated spreadsheet or can I proceed straight to court. N.B To date CITI have never confirmed from there end the total amount of charges they believe are due to me. 2) Now that I've re-done my spreadsheet to include the history of charges and refunds my spreadsheet includes many minus figures. Will this effect how it the spreadsheet calculates the court interest or anything else. I'm hoping to get my claim into the local court tomorrow so if anybody can shine any light on this I'd really really appreciate it. Thanks x:)

Thanks Elsinore that's exactly what I need. Just one more question please. I've read that sometimes a claiment should vary the wording on the N! depending on which bank they're claiming from. Dow I need to do this for CITI or is the wording within the link ok as it is? Thanks for your direction on this.

Thanks for the help everyone and thanks for the links Tilly. Sorry to be a bit thick but I have some questions: 1) Is there some sample text to go in the "Brief details of claim" section? 2) In the value section do I just type the claim value? Without interest? It's a big box for a single value? And then just repeat the same detail in the much smaller "Amount claimed" box below? 3) Do I just paste the whole section below the heading PARTICULARS OF CLAIM into the particulars of claim section on the second page of the form? 4) The schedule 1 part in the link you provided should I include this as a separate attachment? 5) In the solicitor section do I just put N/A? How about the court fee? How about solicitors costs? 6) After I've filled it in do I just drop it off at my local court? I'd really appreciate someone walking me through it as I find it quite daunting. Thanks

Hi Enron, Thanks for this. Do you know where on this site I can download an N! form from? Also do you know (approx) how long it takes to get and AQ. Thanking you.

Hello there, I'm now at court stage with CITI Card. And would really appreciate some guidence on how to proceed. ie how to file my claim, online or directly at the local court and any other advice. Can somebody point me to a link with information about the best approach to use for CITI Card. Thanks

Thanks for all the help guys it really is greatly appreciated. Responses below as I must admit I'm still very confused: I read on a couple of threads a while ago that if they could not supply a true and signed copy of the default notice then I could force them to remove the default. Has this now been found not to be true or did I get the wrong end of the stick in the first place? What does this mean from my perspective? If it becomes unenforceable and they are in default how does this affect my case? What does it enable me to do? I don't believe so, no. This is where I'm not sure where I stand. I wasn't able to make the minimum payment because they had applied the charges which increased the minimum payment value so much. But... I didn't actually make any payments at all because I couldn't meet that minimum. Could it not be argued that I could and should of paid something ie the minimum before the charges were applied? For instance the first payment should have been £20 but because of the charges this went up to £50 which is why I couldn't afford to pay it... but I didn't pay anything all because I couldn't afford the £50. Presumably they will say I should of paid the £20, and because I didn't, thats why I got the default. My argument would be that had they not have applied the charges I would have been able to meet the minimum payment - But I'm not sure if this holds water. O.K If I'm not able to take any action because of this why is it worth while? Does it mean the default becomes void? Or the whole agreement is void? If the latter, what does this mean considering I've already paid them the money I "owed" them? I'm still a bit confused. These seems to be 3 things available to me: 1) Claiming back charges (I'm O.K with this one) 2) Default removal due to the fact it's only there because of the charges (May or may not apply to me?) 3) Default removal due to them not having a true and signed copy of the default notice (Have I just made this up or misunderstood something somewhere) 4) Default removal due to them not havening a signed credit agreement If someone could advise on those 4 I would really appreciate it as I could start to eliminate certain things from my small feline brain (Which would be nice). Thanks a lot for all the help everyone you really are puuuuuuuuurfect. PTC (Sorry for the long post)

Could you please clarify what a CCA is for? And how do you think I should move forward. Asl always thanks for your guidence on this x

Thank you so much for the replies and help with this. To confirm a couple of things up: I paid them everything they said I owed them (albeit late) this was about 2 or 3 years ago. I've done the S.A.R - (Subject Access Request), Prelim and LBA and also requested a true and signed copy of the default notice on a number of occasions. If I don't have a case for default removal due to "unlawfully applied charges" do I have one as they will not supply a copy of the default notice? As I said previously I've asked if they will supply me one and they've said that they're not obliged to. They haven't said whether they have or have not got one, but I have a felling that if they had one they would have sent it to me. Does anyone know where I stand with this because if there is no chance of getting the default removed then I will probably just accept the offer. If anyone has any advice on this it would be appreciated. P.S If there is a Mod listening could you move me to the Cap1 area please? Thanks

Hello, I've been trying to claim some charges back from Barclay's, Captial One and Citicard. I don't seem to be making any progress with any of them and I must admit I'm considering just giving up. The one that I'm finding the most confusing is Capital One. They've charged me about £300 in charges and also registered a default against me for non-payment. Obviously the money is one factor but what I really want is the default to be removed. I've read thats its possible to force them to remove it under certain circumstances but I can't figure out whether this applies to me. My situation is as follows: 1) When I opened the account I had a credit limit of £200. I spent this while on holiday but because of the exchange rate it took me over the limit and hence created the first wave of charges. 2) Because of the above, instead of my first payment being just the minimum £20 they insisted that I paid the minimum + anything my account was "over limit" by. This meant my first payment needed to be about £50 rather than £20 which I could not afford. 3) Things spiraled downwards from here with more charges being added on each month for the overdue account. 4) Unfortunately, instead of contacting them to try to rectify the issue I stuck my head in the sand and tried to avoid it. After a number of months the amount I owed them reached £504. Why I'm concerned that I may not have a case that I never made any payments on the account all. Obviously this was because I couldn't afford the payments due to the charges but I didn't contact them to resolve the issue. Does this void my case for claiming back the charges and also removing the default? I have written them a number of letters asking for a full refund, plus a true and signed copy of the default notice and for the default to be removed due the fact that its only there due to the charges. I've now had a response to my LBA saying that they are not obliged to supply a default notice but can confirm the date that its was issued. They've refused to remove the default and have offered me £96. What should I do? Do I have a case for default removal if I go to court? If anyone has any advice I would be very grateful for it because I'm feeling very nervous about the whole process and need to know I'm doing the right thing. Thanks for reading, PatsyTheCat

Hello - can anybody help me on this please because I need to send my letter to them tonight. Waiting patiently and would very very much appreciate some guidance. Thanks

Hi all I'm hoping that I'll be able to get some advice here on pursuing a default removal from Cap 1. In 2003 I had a credit card with them with a limit of £200.00. I withdrew a cash advance when I was in Amsterdam which (due to the exchange rate) took the balance to £202.06, on top of this there was a £3.03 cash advance fee, then PPI of £1.84 and then interest applied for £1.91 this took me over my agreed limit to £208.84. The next month I was unable to pay and the charges increased from there at £20.00 for late payment fee & another £20.00 per month for overlimit fees. I'm contesting this with Cap 1 because I feel that had they not whacked on excess charges I would have never got into the position where I could not correct the balance. On another note.. I have never received a true & signed copy of the Default Notice from Cap 1. I only found out about the Default when I checked my credit file. I understand that Cap 1 have to be able to supply me with a true & signed copy of this Default notice to be lawful - is this correct?? I have approached Cap 1 for the true & signed copy and they said "we are not required to provide a copy of the default notice and statement of default' and then went onto confirm that the Default was issued on the 8th July 2003 for £504.00 (£300.00 of which were changes / £200.00 genuine balance). They sent me a standard letter which they had obviously just printed off and send to everybody, but no sign of the true & signed copy! My question here is - Do I have a case to persue then for the true & signed copy of the Default notice and also for them to refund all of my charges. Any light you can shine on this for me would be really appreciated. Thanks

O.K So you think I'm good to go then? Thanks for the heads up on the typo.

Hi, thanks for the response. Basically they owe me £240 and have offered me £96. I am prepared to accept this as long as they remove the default they have entered on my credit file (As this is a lot more important to me than £140 as I want to apply for a mortgage in the not too distant future). I just wanted to say that I accept the money if they remove the default and I'll see them in court if they don't (Without it sounding like black mail). I was planning on waiting until they have removed the default before signing anything. Is this O.K? Thanks.