Megans Other Half V Citicards Setaside Hearing

[megan34]

Citicards - £ 790.00p – MCOL - 15th June - WON!!

Citicards (OH) £941.56? – asked for judgement - CITI requesting set aside - court sept.

............

Quick update : Citi sent a cheque to me in full settlement when I asked for judgement by default. When hubby asked for judgement by defaul they say they never received the original claim and ask for judgement to be set aside. Court hearing for set aside was today.............

 

Citi sent along a lady barrister from a local firm to the hearing on their behalf. Judge asks for their paper work - she has the famous citi v potter case which she says they will be relying on to win, and a copy of the hearing times and date for today and a law book with post it notes stuck all over . Judge reads potter case and says this case has nothing to do with todays case as they were given the difference between the bank charge and the £12 charge recommendation. Barrister looks embarrassed and says thats all she was given. Judge then asks to see our paperwork - at this point citi barrister says the only problem there is that the judge might see some letters headed 'without prejudice' which should not be viewed to which he replied well you have nothing for me to read and at least they appear to have a lot more paperwork handy than you have. He then read through the papers we handed him , hubby explained that they he has tried on many occasions to settle out of court but they wont. He also says that he finds it incredible that letters to and from citi that we have brought along use the address po box 54 salford,manchester - the address which apparently they didnt receive the claim at. Judge states that it can be reasonably assumed that the claim should be sent there if it is the last known address. He asks to see the total of the costs - which hubby hands him - done on the calculater on moneysaving expert.com - stating the dates,amounts and the 8% stat.interest. Citi barrister states she hasnt seen this - citi havent sent it to her - so judge lets her see it!.

He then makes a decision - he awards us the difference between the higher figures and the £12 charge plus court fee of £80 plus one years interest.total - £430 citi to pay us - he then asks if we would like him to set aside the remainde rof the judgement and give directions - we ask for a 10 min.adjournemnt so that we may take legal advice on this. ( didnt know what he meant so quickly wanted to phone Gizmo!!)

 

After talking to Gizmo we decided that we'd thanks the judge for the £430 order now but we would like the other part of the judgemet set aside (£500) for a further hearing . We found it incredible that the barrister from citi asked 2 guys who seemed to be barristers also in the lobby - for some advice - I heard one say to her no the judge is wrong in law - just go in and tell him hes wrong! - (oops this should be interesting me thinks:) )

So in we go - the judge ask citi if they have anything to say - barrister says yes I have to ask for leave to appeal the decision you made earlier - he then looks up at her from his writing and says 'and I have to refuse!' you could have heard a pin drop!! - so she dosent look happy at all by now , he then ask us for our decision and we tell him - thank you for the order for £430 now and could we also ask that you give directions for full disclosure ont he rest of the judgement that is to be set aside. He then tells the citi lady on what dates he wants things - something about october 22nd and then a hearing in november sometime - we'll have to wait until we get notification from the court. So we leave the court happy - Just have to wait for a cheque to arrive - but not sure how long to give them - city barrister seems far from happy - seems a bit humiliated actually, now if citi are going to defend the set aside part they need to first - send us a cheque for the £430 and secondly disclose their breakdown of costs and then pay yet another barrister to defend them! - we will see what happens next........

[elsinore]

A most enjoyable read, Megan, well done.

 

It should be just a matter of time before you collect what is due to you.

 

Els

[Enron]

Well done.

 

If an order is produced requesting a breakdown of their costs Citi won't comply, at least they haven't done so far.

 

Payment of the difference.... you may be lucky... however at the same time Citi are less than forth coming when paying amounts awarded to claimants in court.

[megan34]

Im not really bothered if they dont send the money because we are back in court soon for the set aside of the rest and if we havent got the cheque by then and its the same judge - he aint gonna be best pleased with citi again:o

[megan34]

UPDATE: 2ND OCTOBER - still no sign of the cheque:( so hubby phoned CITI a few days ago - they apparently havent received the order fromt he court yet - (theres a surprise!) they do seem to have a lot of trouble receiving things from courts! - anyway he said - no problem I'll fax it over to you and please acknowledge that you have received the fax - as yet stilll nothing - I dont thinkt he judge is going to be too impressed with CITI when we go back to court - I think there only answers will be - we didnt receive it - we didnt receive it - we didnt receive it - ......

Anyway we are keeping notes of the calls and letters and faxes we send asking for the cheque until we go back to court - weill keep you updated...

[Enron]

Seems to be a running theme, either they are snowed under with claims, or its another tactic.

[megan34]

yep - and now with the post strike the next few days - theyll probably blame that for everyhting not getting to them in the next few months!!

[megan34]

7th October - and still no cheque - they seem to have ignored the email aswell - will try phoning again tomorrow to see what they say this time - then Im writing to the court to tell the judge that they are ignoring the court order - I faxed a copy over so they cant say they havent had it!.:-|They might use the postal strike as an excuse - but I have a fax machine so they cant get out of that one!

[gizmo111]

Citi won't reply or pay anythign unti lthey really have to - everything is last minute. Might be wortyh checking with the court if they have written a letter to them.