citi A word of encouragement for citi claimants

[norvernrob]

CITI have rung my mobile 3 times in the last 2 hours-I just hit the red button and cut them off.I have written twice to tell them that they will be ignored.

 

I really want to make these guys pay.....I have totally had it with them!!

 

They obviously don't read anything that they receive. I've written enough times to tell them to use written correspondence rather than telephone calls. They haven't even acknowledged the fact i've sent them my new bank details 4 times, and they could have had their money every month had they bothered reading any of the letters I sent!

[lickthewallfatboy]

literally just been off the phone with Armagh Trading Standards,and the guy fully appreciated my predicament.He is referring CITI to the OFT with a view to action possibly being taken against them.He just advised me to "carry on with your legal action" and let's see what the OFT have to say.

 

When I told him that CITI called 6 times in 2 hours yesterday,he wasn't too impressed.

 

He said the OFT had a load of rules and what it boiled down to was "no harassment".....

 

watch this space.

[lickthewallfatboy]

I've just checked the NI small claims website and CITI in their wisdom have decided to defend.....

 

what's the modus operandi of CITI now?Do they make an interim offer before capitulating like the rest,or do they drag it out till court,without actually appearing?

[MARTIN3030]

They have started refunding charges (but keeping the 12.00s)

 

Yes as you guessed they are taking it till 11th hour !

 

[lickthewallfatboy]

I have drafted this little letter of repsonse to CITI-

 

 

 

 

We duly note your filing of notices of dispute in respect of the above small claims actions.

 

We remind you that we wrote to you on 21 July in an attempt to resolve this issue without having to resort to court.As this correspondence did not warrant so much as an acknowledgement of receipt by CITI,it shall be assumed that your filing of dispute is a genuine statement of intent to defend the actions in Craigavon court,and not merely an attempt to abuse the legal system.

 

We are aware of attempts by CITI to have court hearings held local to your establishment,and also that you are offering partial settlements amounting to the charges levied less a notional “OFT approved” level of £12.

 

We must point out that both actions,if attempted in this case,will have no bearing upon either the hearing being held in Craigavon,and upon the full amount of unlawful charges being pursued at hearing.Although ultimately futile,any such action shall be considered to be an attempt to intimidate.

 

We would remind you that interest is accruing on the amounts claimed on a daily basis.

 

We are also aware that CITI have already settled other claims in full, without resort to full judicial process.The failure to reply to our attempt to settle of 21 July shall be produced in court as evidence of CITI’s unwillingness to resolve the outstanding issues.

 

We further wish to point out that your telephone calls continue to be ignored,as they are being made in direct contravention of 3 written requests for them to cease forthwith,and for all future correspondence to be conducted in writing.We have to inform you that Armagh Trading Standards have taken up our case,and have referred CITI to the OFT in London for investigation.All calls have been logged,and shall be produced to Police as evidence in a statement,which may be used in any resulting criminal prosecution.Your invasion of our privacy and continued harassment contrary to legislation simply will not be tolerated.Until you have fully refunded all unlawful charges,plus interest and court fees,no further payments shall be made to xxx's or xxxx's account,and the resulting refund shall clear the entire balance of xxx's card.

[MARTIN3030]

Nice one.......but as you suggest they take no notice.

 

Send a copy to the court as well

 

[lickthewallfatboy]

thanks-will do just that!!

[lickthewallfatboy]

those idiots at citi are at it again.

 

They have now referred my account to something called "Risk Management Alternatives" in order to recover the overdue amount on my account.Just got the letter in this morning.

 

A suitably pithy reply shall be winging its way to RMA later

[lickthewallfatboy]

this is my reply to RMA

 

 

 

 

RISK MANAGEMENT ALTERNATIVES

PRESTON

PR2 1AU

 

 

12 AUGUST 2006

 

 

Dear Operations Manager

 

Thank you for you letter received today.

 

I have to say that CITI are either extremely stupid or have a mischievous sense of humour.I suspect the former to be the case.

 

CITI are currently subject to 2 court actions by my wife and myself to recover unlawful charges from them in the amount of over £1400,and the court has allocated September 26 as the hearing date.

 

CITI are fully aware that the balance of my account shall be wiped out by this action,but they persist in harassing us via letter and telephone calls.I have to inform you that CITI are curently under OFT investigation at the behest of my local Trading Standards Office for this telephone harassment,which continues despite 3 letters to them to “cease and desist” under the terms of the relevant legislation.

 

CITI also tried and failed to issue a default against me,and this current action is evidence of further harassment,and your letter shall be produced in court as yet more evidence of this.They are obviously using you as “donkey of last resort” in an attempt to subvert legal process.

 

I strongly recommend that RMA withdraw from these current set of circumstances,and inform CITI that you are doing so for the above mentioned reasons.

 

 

Yours faithfully

[lickthewallfatboy]

I also got in the defence from CITI signed by,I think,David Travis,solicitor.

 

the basically admit that the agreement contains terms allowing the repondent(CITI) to levy charges for late payment,over limit fees etc.

 

"the repondent denies that the same are

 

1.a disproprotionate penalty and therefore unenforceable as being contrary to common law

 

2.a diproportionate penalty and invalid under section 4 of the unfair contract terms act 1977 and/or para 8 and sch 2 (1)(e) of the Unfair Terms in consumer contracts regulations 1999 and /or

 

3.unreasonable under section 15 of the supply of good and services act 1982

 

AND PUTS THE APPLICANT TO PROOF THAT THE CLAUSES COMPLAINED OF ARE A DISPROPORTIONATE PENALTY CLAUSES(SIC) AND /OR UNREASONABLE"

 

HOWEVER-they have credited my wife's account with £195 and mine with £351 as an "ex gratia refund of the difference" between the old charges and the new charge of £12.That still leaves an outstanding amount of £850.56 including costs and interest.

 

I take it I just write and accept the part payment,but do I need to alert the court right now?-heaing date is 26 September.

 

ARRGGHHH

 

how do inform the court that I need to amend the claim amount?This is a right pain!!!!I am using the Northern Ireland small claims online.

[MARTIN3030]

I will get back to you on this.

Citi are becoming a pain and we all need to understand how to deal with these.

[marcopolo]

I have just issued my claim against Citi with MCOL, it seems interesting that there is little in the way of action against them, certianly I can find little on this site to suggest people are winning or that they are capitulating. Will watch your case with extreme interest, go get them and good luck!!

[Tinkerbelle]

I have just issued my claim against Citi with MCOL, it seems interesting that there is little in the way of action against them, certianly I can find little on this site to suggest people are winning or that they are capitulating. Will watch your case with extreme interest, go get them and good luck!!

 

I did.

 

Look here.

[Bru]

I think you need to write and accept the part payment (as a part payment) and make it clear that proceedings are to go ahead to recover the outstanding amount.

 

Send a copy to the court, and make the court aware that this case is NOT fully settled as CITI may try to mislead the court that it is

 

Bru

[lickthewallfatboy]

Bru

I sent this off yesterday-

 

CLAIRE MORRISEY

OFFICE OF THE CHIEF EXECUTIVE

CITICARDS

MANCHESTER

M5 3BP

 

 

12 AUGUST 2006

 

Dear Ms Morrisey

 

RE::xxxxxxxxxxxxxxxxxxxxxxxxxx

Claim nos xxxxxxxxxxxxxx

 

No sooner had we sent off our letter,than we received the standard CITI defence including part payment.

 

We thank you for this interim partial settlement,and will now pursue CITI for the remainder of the claim.

 

Your solicitor calls into question the fact the we are claiming interest at 8%-a totally lawful and reasonable course of action on our behalf.Citi can consider it good fortune that we did not pursue interest at the contractual rate of 29% instead.

 

We look forward to a speedy and total resolution of these matters before having to resort to court.

 

The small claims office in Belfast has already been informed of your part settlement,and that the claim continues with the refunded amount deducted accordingly.

 

 

Yours faithfully

 

 

Mr and Mrs LTWF

 

 

 

 

 

sound ok?

[Bru]

I wouldn't get into too much confrontation at this stage, rather stick to the question at hand.

i.e the partial payment.

 

you don't want to draw attention away from it. the 8% can wait for a judge sort out if need be.

 

you want to come across as an amiciable customer who is making all efforts to get this matter resolved. You have done very well so far, but try not to get into squabbles as thats what they want.

 

Bru

[lickthewallfatboy]

the amount of grief CITI have given us would make your blood boil-it's hard to be restrained at times!!

[Bru]

I know how you feel, but lets not give them any reasons to cloud the issues at hand.

 

The court will know by their defence that they question the validity of your 8% interest claim.

 

It would be best to leave this be and let them bring it up at hearing if they dare to do so. You can then bring up the contractual rate and ask the judge should he wish to side with them on this issue you will of course accept this contractual rate.....

 

they wouldn't be long pulling their horns in

 

Bru

[MARTIN3030]

You will need to do a witness statement.

Witness statements cannot be a standard reply,but specific to your own circumstances.

here is the layout of that.

 

 

1. Statement of the applicant
   
2. [insert name]
   
3. Statement no: 1
   
4. Exhibits “[your initials 1]”
   

 

case/claim No: [calim number]

 

In the [insert court name] County Court

 

 

 

 

[insert name]

Applicant

 

-AND-

 

 

[insert name]

Respondent

 

 

 

 

 

 

First WITNESS STATEMENT

OF [insert name]

 

 

 

 

 

I, [insert name] of [insert home address] will say as follows:-

 

 

1. I am the [Applicant] [Respondent] is this case.
   
2. I make this Witness Statement in support of my
   
3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.
   

 

 

Statement of Truth

I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials 1] comprising of xx pages.

 

 

 

 

 

 

Dated this day of 2006

 

 

 

Signed

[type name]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

case/claim Number: [calim number]

 

 

 

In the [insert court name] County Court

 

 

between :-

 

 

 

 

[insert name]

Applicant

 

-AND-

 

 

[insert name]

Respondent

 

 

 

 

 

 

First WITNESS STATEMENT

OF [insert name]

 

 

 

 

Your Full Name

Your Address for service.

Your Address for service.

Your Address for service.

Your Address for service.

 

 

Ref: Your reference number.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

case/claim Number: [calim number]

 

In the [insert court name] County Court

 

 

between :-

 

 

 

 

[insert name]

Applicant

 

-AND-

 

 

[insert name]

Respondent

 

 

 

 

 

 

annex sheet

 

 

 

This is the Annex of documents marked “[your initials 1]” referred to in the Witness Statement of [insert name]

 

 

 

 

 

 

 

 

 

 

 

 

Signed………………………………………..

 

 

 

 

Date…………………………………………..

[lickthewallfatboy]

Martin

thanks very much for ALL your help.I have a lot of reading to do there....

 

cheers

[lickthewallfatboy]

this is new!!

 

wife got a "telemessage" throught the post-no mention of CITI anywhere on it,but the account number is her CITI card.

 

Dear Mrs LTWF

 

Account xxxxxxxxxxxxxxxxxxx

 

PLEASE CALL US IMMEDIATELY ON 08709094431 TO DISCUSS YOUR ACCOUNT

 

CARD CENTRE

 

 

 

nothing else whatsoever.....be careful out there guys.They're trying to be crafty!!

[Bru]

Those telemessages are usually from collection agencies.

 

Don't lose your temper with them, simply explain their better off out of it

 

Bru

[MARTIN3030]

Yes its a tactic used by dcas......usually Robinson Way (who are based in Salford too )

 

Ignore it.

 

[lickthewallfatboy]

cheers guys

[lickthewallfatboy]

I've just been on the phone to Armagh Trading Standards for an update.

 

OFT in London have asked for the copies of all CITI correspondence I sent to TS and they are coming at this from the "fitness to hold a credit licence" approach IE threatening to withdraw CITI's trading licence and thus preventing them from trading in the UK.

 

It won't go that far,but if it puts the wind up them,I'll be well pleased!!