rich2568 V Citicards-- interesting development!!

[rich2568]

Hi All-- now at last got the court date set for 20 December!!

 

Getting myself ready- well I have got over 3 months to prepare!!

 

Looking forward to chatting with the District Judge-- us 2 will be so cosy!! Oh I nearly forgot-- there is Citicards aswell-- silly me, I was assuming that they won`t turn up!!

[gizmo111]

Hi All-- now at last got the court date set for 20 December!!

 

Getting myself ready- well I have got over 3 months to prepare!!

 

Looking forward to chatting with the District Judge-- us 2 will be so cosy!! Oh I nearly forgot-- there is Citicards aswell-- silly me, I was assuming that they won`t turn up!!

 

There are two court hearings this month I think one is lickthewall fatboy around the 21stand not sure on other - I haven't done A/Q yet due on 25th. Still if it goes as far as 20/12 you will have a nice xmas bonus!

[adamski]

Looks like Citicards are taking the same stance as Lloyds TSB taking it to the wire, i would not be surprised if you do not get a full settlement soon i phoned Cioticards compliance 3 days ago and was told i had no chance in court and their actual costs for overlimit and late charges were £17 and i asked them to send me evidence of this, of course they refused but i was told they would produce this in court, they told me i had a chioce either acept their offer of £12 minus £25 or go to court they said the choice was mine.

As you can imagine i am doing moneyclaim!!!

Rgeards

adamski

[rich2568]

I`m confident they are taking it to the wire!!

 

What do the mods think about this??

 

I will be there with them in court and we can have a right good argument with the judge giving his final decision on the matter-- I`ve already done my Christmas pressie list- I`ll be straight into Argos once the court case has finished!!

[adamski]

I think they will settle before court, but i am watching Citicards threads with interest as im about to moneyclaim them, they used to pay out before court action but looks like they have changed their stance.

Regards

adamski

[kevmaxthom]

There are two court hearings this month I think one is lickthewall fatboy around the 21stand not sure on other - I haven't done A/Q yet due on 25th. Still if it goes as far as 20/12 you will have a nice xmas bonus!

 

Read SMILA's thread, citi have settled out of court.

Kev

[Bean]

Read SMILA's thread, citi have settled out of court.

Kev

 

Thanks for that kevmaxthom,

http://www.consumeractiongroup.co.uk/forum/other-institutions/28976-smila-citi-cards.html#post245515

 

Also handy for the link to Rbphot’s thread:

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html?highlight=rbphot

 

[lickthewallfatboy]

our cases(my wife and I)are due on the 26th,and no move from CITI as yet.I'll keep you posted if and when I hear anything........

[rich2568]

Yeah Thanks for that!!

 

Please let me know how you get on in court-- LOL !!

[rich2568]

Saw your latest post here:-

http://www.consumeractiongroup.co.uk/forum/other-institutions/35458-citi-only-matter-time.html

 

I don`t feel they have won anything-- just an expensive day out!!

[rich2568]

Here`s a copy from their A.Q. that I received today from the court.

 

It states that they have requested a private hearing with the judge and their Finance Director at their local court Salford- as I quote from their A.Q.:-

 

"The defendant will be relying upon its Director of Finance to explain the basis of its charges and their level. As this is commercially sensitive information, we would wish to present this evidence orally and in private. As this is potentially required in many other similar cases, it would be commercially less onerous if this could be done locally, thus minimising the absence from the business of a member of senior management.The defendant beleives that is is sensible to have such claims against it listed in the same court to keep costs to a minimum and avoid excessive use of Court time, by developing local familiarity with the accounting methodologies relied upon by the Defendant in calculating its charges."

 

Well ladies and gents-- not forgetting you Mr B.S.-- I think this will blow up in their faces well before time!!

 

Let`s stick together and let`s get the CAG crowd ready for that big "WE DID IT!!"

[Mrgreengenes]

Does BS and Co (Billy Smart) honestly think that all cases against citi cards will now be heard in the Salford court?

 

I don't think so!!!

 

What a wunch of bankers!

[adamski]

Numptys of the highest order, do they not realise yet we put them where they are now and we will put them back in the sewers where they belong.

Its high time these corporate bullies remembered it is the people who are in charge not them.

CAG/BAG power!!!

adamski

[rich2568]

Hiya Guys

 

It`s time now for me to submit my argument against Citicards requesting the private hearings and secret evidence to the court?

 

Do I have to use the N244 form to object or would I be best asking for an adjournment/ stay so I can view the available `commercially sensitive information`.

 

Lots of replies please as I`ve got to get cracking this week!!

 

How many have written to Mr B.S. to ask for a settlement out of court (I would assume the difference between your penalty charge and their preferred figure of £12-- without interest of course )- to save the court time- and to have some of that money in time for Chrimbo!!

[Enron]

Had the same AQ from Citi, seems a standard tactic. LTWFB was also mentioned in mine.

 

Have a copy of a letter which I sent in my case if you want it - which you can ammend to suit your needs/case.

[rich2568]

..

[rich2568]

That would be great stephen . PM me with it if you feel it is more secure-- you know away from those prying eyes!!

[Enron]

Sent!

[rich2568]

PM `d you again- have a look!!

[MARTIN3030]

Yes this draft should do the trick.

[gizmo111]

Hi Rich,

 

N244 not neccasary - a letter to court stating why you feel it should be in local court and not in Salford is sufficeint - have you actually seen their AQ?

[rich2568]

I made the decision to make an offer to Citi. This was just because of the lack of time on my half plus being the normal etiquette for the claimant to give the chance to the defendant to settle out of court.

 

They have accepted my offer!- so this means for all the claimants that don`t want the burden of a court visit and all the associated paperwork- then write to them and make them an offer.The cheque should be in the post- mine was received today!!

 

For reference I did use my calculator and ask for 75% of the court claim.

 

I feel this is a minor victory plus it keeps my belief that Citicards know that their dodgy defences will eventually be smashed!!

 

My letter to them is below:-

Mr Brian Smith- Solicitor

CitiCards

CitiFinancial Europe plc

1 Exchange Quay

Salford

Manchester

M5 3EA

 

 

 

Dear Mr Smith

 

Re: Claim No.

Hearing Date:

 

 

I write to you in respect of the above case number.

 

As per the guidance given by the court, both sides should wherever necessary try to settle or come to an agreement out of court.

 

Bearing in mind Citicards have been part refunding clients who have requested refunds of these charges the difference between the O.F.T. Guidance of £8/£12 and the actual charges of £20 /£25, I would like to request whether it would be in the interest of both parties in this case ,whether or not that stance should be followed here.

 

As per your defence received by the court thus state “The Defendant sold the debt to Hillesden for £484.23. This represented a loss to the Defendant of £2,974.55”. This statement is not a decision that I agreed to but a decision that Citicards chose to commercially. Whether or not Citicards lost more than the actual default fees levied on the account does not correspond with my actual claim which is the application of charges which I view are disproportionately high and are penalties with a view to a profit. Citicards are in a position of assigning debts off to a third party whenever they feel is appropriate. If this assignment causes Citcards actual losses overall, then this is out of my control and not a fact within this court claim.

 

The actual total amount paid towards this account including a final amount paid to Hillesden was actually £5249.01- substantially more than the default fees levied on the account. In respect of the terms and conditions of my contract it states that any payments made are made towards interest and other charges first before any actual purchases and balance transfers. This is verified by the the following term taken from those conditions:-

 

9. All payments we receive from you will (unless otherwise required by law) be applied to your Account in the following order:

9.1 Citi Flex Payments Monthly Instalment (to be applied to each Citi Flex Payment facility in the order of creation);

9.2 other interest and Account Charges;

9.3 existing Promotional Balances – lowest rates first;

9.4 new Promotional Balances – lowest rates first;

9.5 existing Purchase balances and non-promotional Balance Transfers – in the order in which they were debited to your Account as shown on the monthly statement;

9.6 new Purchase balances and non-promotional Balance Transfers – in the order in which they were debited to your Account but not yet shown on the monthly statement;

9.7 existing Cash balances shown on the last monthly and/or previous statements – in the order in which they were debited to your Account as shown on the monthly statement;

9.8 new Cash balances – in the order in which they were debited to your Account but not yet shown on the monthly statement;

 

I trust the option for both parties in this instance to settle out of court will be viewed as a sensible option, so my offer of accepting the sum from Citicards of £ as full and final settlement of my claim is offered to you. This offer can only be acceptable if taken up within 7 working days of this letter. If this offer is denied then the court action will continue, which will bring about the full claim which includes statutory court interest.

 

Yours sincerely

 

 

 

rich2568

[elsinore]

Congratulations rich. That's a good result. You're happy, Citi are happy(?) and we all learn something.

 

Elsinore

[rich2568]

Yeah thanks for that. I feel as I said its a minor victory BUT it gives ongoing claimants a ray of light in a darkened tunnel!!

 

One previous post stated that he/ she felt it was an unwise decision-- I don`t think so. When Citi get to court-- which they sometime in the future will-- they will argue, as they have been doing, that there is a justification that a charge has to implemented- what figure it is, is up to the court to decide?

 

So all in all, by taking a cheque out of their bank account without appearing in court- thus saving my hours resourcing all the paperwork and going backwards and forwards to court plus the saving for the taxpayer towards the courts manpower for a case not proceeding etc etc.. It has to be worth it in the end!!

[pj41]

Hi Rich,

 

Well done with what you wanted to achieve.

 

However, in considering all that you have said.

 

Citi will have to disclose (at some point) what their default COSTS are and ANYTHING above that is a penalty and is therefore open to the court to decide upon.

 

I have to say that EVERY bank and financial istitution is colapsing here and paying out. Citi consider themselves above the English Law because they are American owned.

 

 

 

Cheers

 

Pj41