Citicard my PENALTY charges court claim Problems

[moneyproblem]

Attempting to claim back charges on an old credit card and received a reply from citicard saying they can't refund me because they do not keep customer records over 6 years.

 

I have all my credit card statements already so I don't need anything from them.

 

How do I respond to their letter in order to continue requesting the charges back?

 

Thanks in advance for the help.

[silverfox1961]

Hi,

As you have the statements you don't need to worry that they haven't

 

If you haven't sent a letter before action then I think that is the next step but ONLY if you are prepared to take them to court. If you are not prepared to do that, stop now. You could always send Citi Photocopies of your statements

[moneyproblem]

Cool - thanks for that - I want to send the lba - should I mention that I have my statements in the lba or don't say anything?

[silverfox1961]

Citi are not known for being forthcoming with anything. I would suspect that they actually DO have all the info going back to when this account was started but are trying to obstruct you.

I would just send the LBA and mention that you have all your statements. I hope you are prepared to take this to court if they refuse you otherwise you will look foolish and they will be getting away with it.

 

Make sure that your figures are correct (including contractual interest) before you go the court route

[moneyproblem]

Thanks for the information - i'm definitely prepared to go to court (desperately need the money)

[moneyproblem]

Court claim submitted!

Will update once I hear from the court.

[moneyproblem]

Update they have not acknowledge the papers sent form the courts etc (late by 2 weeks), I guess I need to apply for 'request of judgement'.

[moneyproblem]

Bump

 

Question??? 'Court fee shown on claim' I did not pay any court fee as I was exempt, so do I need to leave this bit blank on the application for judgement (N205A)? Or put the amount in that was paid out by the court on my behalf (issue fee)?

[silverfox1961]

Hi

I will move this thread to legal issues as there are some peeps there that can help

 

If it costs to do a (I think it's called) Forthwith judgement, I think you will need to prove exemption again.

[moneyproblem]

I am applying for judgement against citi so I am filling in the N205A form and wanted to know since I did not pay the court fee as I was exempt, do I need to put the cost of the issue fee at the time I filed my N1/POC in the section that says 'court fees shown on claims' or should I leave it blank as the fees was not paid by me as I was exempt? Sorry if I did not make it clear earlier!

[slick132]

If you paid no fee, put NIL in that section.

 

No doubt, they'll apply for a Set Aside if the Judgement is made against them.

 

Apply to the court and see what transpires.

 

[moneyproblem]

OK thanks just wanted to make as in case I needed to claim it back and then the courts could have their fees back, I may be thinking waaay too much lol I will complete as per your instructions .

 

Yea I agree, I was reading through some of the citi threads and this seems to be the way the go about when dealing with us here. I was reading through some ones thread that they tried to getting it set aside, but the claimant managed I think managed to convince the court not to, there was details on how to try and not get the case set a side I need to rummage through my favorites. And lay await for their next move.

 

Thanks again for your help I will send the form off and keep you posted on any updates.

[moneyproblem]

Update: Citi didn't defend or acknowledge. I were given judgement in our favour. How do I go about executing judgement to get my money from them? Any advice would be helpfull.

[slick132]

Hi MP,

 

Have you received a copy of the Court's Order giving judgement against Citicard.

 

If so, I'd send a copy of it to their Litigation address giving them 7 days to settle in full. Add on further interest since the judgement date if it's worth doing.

 

If they fail to pay in full, you can consider what other enforcement action you may wish to take against them.

 

Edited October 2, 2011 by slick132
added in "interest" in para 2

[moneyproblem]

Hi Slick, I saw a post after I posted the above, giving me the same instructions and what to include in the letter. I sent the letter and a copy of the judgement off in the post recorded delivery earlier on today.

 

Will update on what happens next.

 

Thanks Slick , always appreciate your kind help.

 

MP

[moneyproblem]

update...

 

received a letter from some solicitors on behalf of cc.

 

They are asking me to set aside the judgement.

 

 

Here are their reasons

1. They say they never received the Claim Form - I don't believe that as the claim form was sent to the address that all my letters were sent to, and all their responses were sent from.
   
2. (This is the important bit) The say that because the claim was against Citi Group Centre and there is no legal entity called that. The correct name should be Citi Financial Europe Plc - When I looked, I stupidly put the building name as the defendant
   

I already know that their 1st point is irrelevant, but i'm not sure about the 2nd one.

 

Please tell me that it doesn't matter as they are the only ones who occupy that address and they were happy to respond to the letters I sent address to that address (without Citi Financial Europe Plc).

 

Please tell me I can still enforce judgement... puhleeeeese

 

P.S. - They've sent me a letter to sign telling the court to set aside the claim and that no costs be awarded.

 

HELP!!!

[slick132]

Hi MP,

 

Getting the bank's name and address right IS important and relevant.

 

It is up to the court whether to accept an application for a Set Aside of the judgement.

 

I suspect they will, and then you'll have to make an Application to the court on Form N244, to amend the name and address of the defendant. You can speak to the court about this but you'll have to pay for the Application.

 

Personally, I think you should wait to see what the court decides to do about this, as you can't enforce a judgement against a wrongly-named Defendant.

 

[Gaston Grimsdyke]

As you have a judgment against a building, and not a person, you might as well agree to judgment being set aside and substituting the correct entity as the Defendnat. As it stands, you have no way of enforcing it anyway. BTW, not an expert but if these charges are more than 6 years old isn't your claim statute barred?

[slick132]

Claims for charges older than 6 years can be made using s.32(1)© Limitation Act as per the case of Kleinwort Benson v Lincoln City Council.

 

[Ganymede]

update...

 

received a letter from some solicitors on behalf of cc.

 

They are asking me to set aside the judgement.

 

 

Here are their reasons

1. They say they never received the Claim Form - I don't believe that as the claim form was sent to the address that all my letters were sent to, and all their responses were sent from.
   
2. (This is the important bit) The say that because the claim was against Citi Group Centre and there is no legal entity called that. The correct name should be Citi Financial Europe Plc - When I looked, I stupidly put the building name as the defendant
   

I already know that their 1st point is irrelevant, but i'm not sure about the 2nd one.

 

Please tell me that it doesn't matter as they are the only ones who occupy that address and they were happy to respond to the letters I sent address to that address (without Citi Financial Europe Plc).

 

Please tell me I can still enforce judgement... puhleeeeese

 

P.S. - They've sent me a letter to sign telling the court to set aside the claim and that no costs be awarded.

 

HELP!!!

 

 

 

Hi,

 

Point 1 is not irrelevant as the Claim Form may not have been received. You don't know that is was 100%.

 

As for point 2, your judgment is worthless and you cannot enforce it as it stands.

 

You should agree to the set aside and no costs as you don't have much choice.

[moneyproblem]

thanks for the advice everyone. i'll update you on what happens

[moneyproblem]

Updated...So, finally got around to filling the form out to set aside judgement & i decided to withdraw my claim - sent this to the court in jan 30

 

rec'd form back from court the next week in feb saying they needed more information, which i sent back on the same day.

 

So the court has had the application since the third week in february the latest.

 

received another letter from the solicitors in april - saying that they are filling to have the judgement set aside and are seeking costs (over £1k + application fee).

 

I emailed them back stating that I had already applied for the judgement to be set aside and for the claim to withdrawn some time ago.

 

They pretty much blew me off - now addressing me as a debtor

 

I already know that only a court can award costs, so i'm not really bothered by that.

 

A hearing date has been set to decided whether or not to have the judgement set aside and the claim withdrawn - 25 October - shocked.

 

I don't know why the hearing is so far away.

 

In the mean time I would like to ask for recommendations as to what to do next?

 

I don't see why i should pay costs for the following reasons:

1. CC took it upon themselves to hire solicitors. They could've wrote to me themselves highlighting my error and requesting me to withdraw my claim and set aside the judgement.

 

2. Since I didn't actually take them to court, there is nothing for them to defend

a) I have noticed that they have changed to case name from Moneyproblem v Citi Group Centre to Moneyproblem vs Citi Financial - i didn't change the claim at all, so i'm sure they're not allowed to do this.

 

Is it possible to have their application struck out because they've addressed the wrong defendant in the claim?

 

Shouldn't my application for set aside and withdrawal take priority over theirs seeing as how mine was with the court from february? (i called the court and found out that they didn't actually enter my application into the system until around the 3 week of march, and they did the solicitors the very next day - which doesn't seem right).

 

What are my options?

 

Any help would be appreciated - thanks in advance