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darrenLH1977

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Everything posted by darrenLH1977

  1. My Adjournment was turned down, but I called Brian and we agreed to settle, Cabot DCA will get £393.08 on my behalf. Brian even admitted that I had won.
  2. An Update: Recieved a letter from Birmingham High Court giving me the date of 9/2/07 at 11:30 for 2.5 hrs, however this clashes with a date I already have for another case which is due to start at 12:00 for 1 hr, so I will have to ask for another date.
  3. Don't panic. Let them try and press you for the debt, if they threaten court just state that your defense will be the Limitation Act and that by contacting you they were trying to decieve you. A judge would never rule in their favour.
  4. For the benefit of refreshinglyaverage and other the case is being referred to the Chancery Division in Birmingham, as soon as I have any further details I will post them. For the record, Mr Smith was fine with me and my case. I look forward to seeing him again when this case goes to the next stage.
  5. Brian Smith is their court solicitor, he makes the journeys to each court (as he will be doing on Tuesday to meet me in court). David Travis is his office gopher, he stays in the office parroting the party line at you. If you want to speak to him call 0800 146 188 and press 1, the nice young lady will forward you on to him. My defence and all court papers were signed by Brian Smith, however David Travis was named as the person to send my own bundle to.
  6. Just an update, requested an adjournment next tuesday so I can get more documents from Brian and David. Will keep you posted.
  7. I never had any of that kind of shenanigans, but then I have a CitiFinancial bank local to me, maybe they only go for transfers for those who don't have a local Citi branch. Or they could be clutching at strings.
  8. And if they are watching they know that we know. Tomorrow is the first deadline, if Brian or David are not showing up to see me then they have to let the court know tomorrow.
  9. Good luck. No doubt Brian Smith is copying and pasting your name in to their standard defence template as we spaek. And I bet you a tenner he says it's not a money claim but a damages claim.
  10. I do. But I thought this was a general point. David Travis has promised me he'll be in court. I have looked through the quoted threads. I got David to put £12.88 in writing. I wasn't sure if this was a significant thing.
  11. Big news. They put in AQ, court date 2pm 14th November 2006. David Travis has quoted me Kissik vs Citi, and says they will prove £12.88 per charge. I recommended he stay at the Novotel, within walking distance of the Courts.
  12. My case against CitiCard has a court date, I've been speaking to David Travis and he has told me (over the phone then in writing) that Citi will prove that each breach only cost them £12.88. The gist of the conversation being that now they observe the OFTs new price of £12 they are losing 88p per charge on their actual overheads. However if they state this in court are they not opening the door to claims by every Citi customer who has ever been charged to claim back the difference between their pre-£12 charges? Most were set at £25 so this would be admitting to overcharging every customer by £12.12, would it not. Have any other cases ever got to the point where a bank has stated a price in court?
  13. Warrant T00002074 was served to Barclaycard on 4th October 2006, payment was made to Bow County Court and will be sent to me by 18th October 2006, for months after I asked for £400 back in charges, now a cheque for £562.80 has been paid out, if they had given in on the 22nd June they could have saved themselves £162.80.
  14. Spoke to Catherine Search, PA to Anthony Jenkins, CEO Barclaycard. She informed me that Barclaycard have paid up, the cheque has been sent to the court. I'm going to check to see if it has arrived tomorrow.
  15. Went into the bank yesterday and filed Warrant of Execution for £562.80. I gather the bailiffs will visit 1 Churchill Place by next Friday, Barclaycard have seven days to pay up from then. Although the clerk said they were expecting Barclaycard to apply for a set aside, they haven't had one so far (6 weeks after I requested judgment, and four weeks after it was awarded).
  16. I haven't been charged but I asked about getting statements from 2001/2002 and they told me that it's on microfiche, will take a lot of effort to get back, £3 a statment not covered by DPA1998. I'm not sure how true this is.
  17. They never defended, I put in for judgment on 21st August, Judgment awarded on 31st August, they have until 30th Spetember before I can send in the bailiffs, although I spoke to a guy called Paul on Friday and he told me policy is to offer the difference on charges (£8 in every £20) as a first offer, then if you reject that to negotiate the rest, however in my case they handled it wrong and Legal and Complaince for Barclaycard is currently looking in to my case. It should be noted that if I can't get a payment from them tomorrow then they may not be able to get the CCJ removed.
  18. Actually, yes. Citi posted defence, I put in AQ, they have until 18th Spetember to return their AQ. 19th September I can put in for judgment.
  19. If you get a defence back, it's signed by Brian Smith - SOLICITOR!, however he has a habit of using headed paper with no telephone number, so if you need to talk to him here is his number (I had to talk to four different phone monkeys before eventually getting the number):-0800 146 188
  20. Hello, My CitiCard account was sold to Cabot in April for £177. I have since pursued Citi in court (they have until 18/9/06), and I saw the DCA request letter with regards to a deed of assignment. I sent a letter to Cabot on 7/8/06, they sent back my £1 postal order and said it would take 21 days to track down the paperwork in a letter dated the 21/8/06, 14 days after my letter went out. After a number of calls I finally got through to the right person at Cabot, and she told me that they are not bound by the 12 day rule, that it only applies to the original creditor. Is this correct? Cabot can set up payment arrangements and threaten to take court action, both of which fall under the CCA1974, surely they must be bound to provide paperwork under section 189? Can anyone help with this, has anyone else been successful in getting a non-compliance charge to stick?
  21. They were served but haven't yet responded.
  22. Their date for defending was the 5th August, but they didn't defend instead they sent me a letter telling me they will credit the full amount to my debt. £484.41 off £925, I haven't sent my court form back but can I accept they have conceded the full amount (plus add daily interest) but tell the court I don't accept their method of payment? Will the court find in my favour if they haven't put a defence up? I'm waiting for the court to tell me of what to do next but does anyone have past experience of getting money out of a CC company while still owing money?
  23. AQ taken in today, no fee because original fee was remitted.
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