citi- not responding at all **WON**

[oggy1]

would like some opinions on this,

citi did not or cant supply any documents for ppi at all , all i have recieved from them is my ststements.

have written 4 letters now with no response about info under the data protection about the ppi.

 

should i just start court proceedings or non compliance under the data protection act.

still nothing on the cca either. in fact they sre in default now.

[submissiveguy]

would like some opinions on this,

citi did not or cant supply any documents for ppi at all , all i have recieved from them is my ststements.

have written 4 letters now with no response about info under the data protection about the ppi.

 

should i just start court proceedings or non compliance under the data protection act.

still nothing on the cca either. in fact they sre in default now.

 

 

Hi Oggy that's the same what i am saying" i dont have anything to say anything regarding this PPI no documents, ive even made a requst but still no answer..

now im thinking shall i pay £25.00 online and take citi to court for charges

 

then pay another £25.00 and take them for PPI? thats were im lost?

[oggy1]

i would not file on line , do an N1 and send it to court, clearly mark on it that it is for " credit card charges " or they might stay it for the bank charges.

i would deal with the charges , get your money and then go for the ppi.

[oggy1]

no response from citi at all, guess its court again then?

[submissiveguy]

no response from citi at all, guess its court again then?

 

Oggy i revived one letter that dose not even say anything regarding ppi or an offer to return any money at all, but have asked me to contact Finance and Leasing Association? (who do i have to contact them?)

[foolishgirl]

It's just another attempt to put you off claiming. Sometimes they say contact the FOS, sometimes the FLA. IMO both as useless as one another; the first is supposed to be fighting the corner for consumers but just seems to keel over when any bank says Boo, the second (FLA) is a trade organisation for the finance industry so guess whose side they're going to take?! The court route is the only option that seems to work for the obstinate.

[submissiveguy]

thank you for your reply foolishgirl

 

in that case shall i download N1 form and fire my case off to court, and go for my charges first then later on try to claim the PPI, dose that sound right, sorry i mite sound stupid but when could i charge them for my costs?

[foolishgirl]

Oggy is the expert at this but I guess it's up to you. In any case you won't get costs until you get a judgement or they settle & if they settle they'll try to get out of paying your charges so watch them! Would think they'll fight the PPI more than the charges so you may think it best to seperate the claims. However my experience is to file the N1 with the local court rather than online as it won't then be automatically stayed with the bank charges circus.

[oggy1]

i totally agree with you foolishgirl, and they will use every dirty trick they can to pay out the least amount of money, but they will give in , just do the letters as the time limits and then file in court.

[oggy1]

i am going to try a case against citi for non compliance with the data protection act and claim approx £150.00 damages and see if i can force them to provide any documents.

 

any comments?

[rory32]

and claim approx £150.00 damages

Can you quantify this damage? You will need to if your claim is to be successful.

[oggy1]

hi rory32,

i was going to put it down to costings involved in the research and production of the letters and material costs. with some for a labour charge.

i have sent citi 6 letters , a data protection request, a cca request, paid all the fees and nothing.

 

i will not go into court again without all the information as i did on friday with cap 1.

the judge said the onus is on the claimant to prove the misselling of the ppi and for instance the misrepresentation act does not put the burden onto defendants.

 

so i thought if i claim i might force them to give the information?

[Enron]

If you have receipts and everything, you might be wiser to go for a wasted costs order if things are judged in your favour rather than claiming damages. Though this will be limited, stationary, postage, folders, postage, SAR fees etc. And you'll have to be able to prove your costing of this.

 

Or your expenses on the day which can include the loss of a days wages (to a maximum of £50), transport (mileage), parking. I was awarded £62 in total in my claim because the defendant was fairly poorly prepared. Though this was at the judges discretion.

 

So not sure if you'll get anyway near £150.

Edited June 14, 2008 by Enron

[oggy1]

hi enron,

can you go for wasted costs as it has not been issued yet for the court stage, sorry if im being thick here.

[Enron]

You can prepare it in advance, but it will be limited to postage, SAR fees, stationary folders etc.

 

But wasted costs can't be enterred until the end of your main hearing, in which case you can ask for them - it is then upto the judges descretion to award them.

 

Think I was lucky in my case to get costs as its a rare thing in a small claims court - thats meant to be the benefit of it that costs either from yourself to the defendant, vica versa don't get awarded. However Citi were litigating very poorly, and their barrister was completely unprepared which seemed to annoy the judge - or at least thats my opinion, and as such wages, mileage and parking were awarded.

[oggy1]

had 2 letters from citi today.

they are now going to re-issue me a credit card after i wrote to them saying they were not legally entitled to close my account, without the default notice being issued, they must have agreed on this.

the 2nd letter is about the cca request and it states:

under the consumer credit act section , terms and coditions which i signed for , they do not have to produce an agreement.

i am going to scan this and put it on display.

[submissiveguy]

oggy1 you are doing great good man,

 

i am off to court today with my N1 forms please wish me luck

[Enron]

Sounds a similar instance to what happened in my case, would be very interested to see that second letter.

 

In my instance they stated that as the account was closed I wasn't entitled to a copy of the agreement - thought it was likely a delaying tatic.

 

What I would suggest if sending a Subject Access Request under the Data Protection Act 1998 for a copy of the original executed agreement. They have to comply with this, albeit it will cost you £10.

 

In the instance that they can't provide it i'll be off to county court to get an order for them to produce it.

 

Sending you a PM with my SAR template.

[oggy1]

hi enron and submissiveguy,

have had no response at all to the request under the data protection act so here is my poc.

any comments would be good.

Brief details of claim

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages

 

Value

£150.00

 

Particulars of Claim

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

2. The Claimant had a Credit Card Account number ****************** ("the Account") with the Defendant.

3. On 21st October 2007, the Claimant sent a Full Subject Access Request ("S.A.R - (Subject Access Request)"), pursuant to Section 7 of the Data Protection Act 1998 to the Defendant (Appendix 1 attached). This was sent by Royal Mail recorded Delivery.

4. On 19th November 2007, the Claimant sent the Defendant a further letter extending the 7 day timescale by 7 days (Appendix 2 attached). This was sent by Royal Mail recorded Delivery .

5. The defendants supplied a quantity of documents, statements but no details of the information that was required, namely the agreement for the inclusion of ppi insurance that has been applied to the account. Details of the insurance contract and also the terms and conditions of the policy itself. No copies of any of the original application forms signed by both parties ,

6. On 16th May 2008, (Appendix 3 attached) the Claimant sent a further request for the information as the defendants had failed to supply the requested documents, allowing the defendants a further 7 days to comply. The notice explained fully the facts , for the requested information. This was also sent by Royal Mail recorded Delivery.

7. On the 01st June 2008 , (Appendix 4 attached) the claimant sent a further request for the defendants to comply as the defendants had failed to send the required information, or even acknowledge the letters that have been sent. The letter explaining the position and leaving the defendants in no doubt as to what was required and their responsibilities under the Data Protection Act. The claimant had allowed the defendant a further 7 days. This was also sent by Royal Mail recorded Delivery.

8. On the 16th June 2008 ,the defendants replied by letter to a request for the Credit Finance Agreement but no mention of the documents requested.

9. On the 22nd June 2008 , (Appendix 5 attached) the claimant sent a letter requesting the defendants to comply as the defendants had failed to send the required information, The letter explaining the position and leaving the defendants in no doubt as to what was required and their responsibilities under the Data Protection Act. The claimant had allowed the defendant a further 7 days. This was also sent by Royal Mail recorded Delivery.

10. On the 06th July 2008 , (Appendix 6 attached) the claimant sent a letter requesting the defendants to comply by return or the claimant will take legal action .The letter explained the position and left the defendants in no doubt as to what was required and their responsibilities under the Data Protection Act. The claimant had requested the defendants reply by return . This was also sent by Royal Mail recorded Delivery.

The claimant contends this is unacceptable to ignore a statutory request and is abusing the legal requests under the Data Protection Act 1998.

11. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage.

12. The damage caused is:

Extra costs incurred due to the Defendants failure to comply - this includes the time & cost of additional correspondence with the Defendant, time spent preparing documents and time spent seeking legal advice.

I estimate this cost to be £150.00

13. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

14. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

15. Damages and costs within the discretion of the Court.

[oggy1]

dont know why that didnt come out properly

anyway if you can read it what do you think.

[oggy1]

this is the letter stating they do not have to supply the agreement.

comments please.

 

i am going to claim my ppi first , then deal with the cca, but this time i intend to have all the facts first.

[oggy1]

We regret to inform you that section 78 CCA 1974 does not require CitiFinancial to provide you with a copy of the executed agreement as you appear to believe. It requires CitiFinancial to provide you with a “copy of the executed agreement” as defined by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

The obligation to provide you with that document is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue or issue of their card, being printed on the card carrier. We enclose a copy of the terms and conditions for your account. This is an industry standard document and conforms with the Regulations.

We set out below a summary of the same for your information.

180 Power to prescribe form etc of copies

(1) Regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act, and may in particular— (a) require specified information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy; (b) authorise the omission from a copy of certain material contained in the original, or the inclusion of such material in condensed form.

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make it clear at Reg 3 that the “copy executed agreement” is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signature, or date of signature.

Should you have any questions please feel free to call me on 0800 146 188, or write to me at:

Citi Cards

CitiFinancial Europe plc

[oggy1]

have applied for judgement today, citi had untill 11th august to respond to the data protection request claim and did not even bother to respond.

 

the problem is i get judgement but no documents to help me reclaim the ppi . they wont supply copies of anything.

 

any suggestions ?

[MARTIN3030]

Have moved this back here so all can see.-It was in successes-how did things turn out in the end ?

[MARTIN3030]

have applied for judgement today, citi had untill 11th august to respond to the data protection request claim and did not even bother to respond.

 

the problem is i get judgement but no documents to help me reclaim the ppi . they wont supply copies of anything.

 

any suggestions ?

 

I suggest having a look and a good read in the debt forums in fact I will set a thread up for you there.

 

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/158243-cca-citi-

 

 

 

financial-assistance.html#post1692594

 

 

 

 

Go there and add something.

Edited September 3, 2008 by MARTIN3030