bongobaz v citi ****won****

[bongobaz]

no date just my court saying there judge had read the QA and has transfered it to Salford??

[livelylad]

there is no hearing date on any paper work i have received.

just the letter from Mansfield court saying they have transferred it to Salford.

I was wondering if i can send a letter to Mansfield Court asking them not too??

i want to get the letter out in todays post.

 

yes you can ask to keep the hearing in your local court,

 

 

this is taken from the guide to completing AQ

 

Section B - Location of Hearing

The claim will be heard in the court to which this form must be returned. Is there any

reason why it should be transferred to another court to be heard?

If the reply address is your local court, then TICK NO. If the reply address has changed to another location, then TICK YES and state that since you, as a private individual, are claiming against a company who carries on business in this location, then the case should be heard locally to you.

[MARTIN3030]

To the court Manager Mansfield County Court.

 

Date...................

 

Case Number.............. Me v Citi

 

 

 

 

 

Dear Sirs,

 

 

I refere to recent communication regarding the above case,and am concerned that it is being transferred to the defendants home Court in Salford.

 

 

The defendant is a Multi- national company whilst I am an individual.

 

The defendant has access to hugh financial resources,whilst my finances are strictly limited.

 

I feel that by having to travel to Salford from Nottingham,would burden me and therefore I make a request herein that the case be kept in Mansfield.

 

 

I trust you will inform me of any decision.

 

 

Yours Faithfully

 

 

me

 

 

as lively lad quite rightly says....the allocation form asks about this.

[bongobaz]

yes you can ask to keep the hearing in your local court,

 

 

this is taken from the guide to completing AQ

 

Section B - Location of Hearing

The claim will be heard in the court to which this form must be returned. Is there any

reason why it should be transferred to another court to be heard?

If the reply address is your local court, then TICK NO. If the reply address has changed to another location, then TICK YES and state that since you, as a private individual, are claiming against a company who carries on business in this location, then the case should be heard locally to you.

 

I had the AQ and returned it to Mansfield Courts and ticked the No box then.

[bongobaz]

To the court Manager Mansfield County Court.

 

Date...................

 

Case Number.............. Me v Citi

 

 

 

 

 

Dear Sirs,

 

 

I refere to recent communication regarding the above case,and am concerned that it is being transferred to the defendants home Court in Salford.

 

 

The defendant is a Multi- national company whilst I am an individual.

 

The defendant has access to hugh financial resources,whilst my finances are strictly limited.

 

I feel that by having to travel to Salford from Nottingham,would burden me and therefore I make a request herein that the case be kept in Mansfield.

 

 

I trust you will inform me of any decision.

 

 

Yours Faithfully

 

 

me

 

 

as lively lad quite rightly says....the allocation form asks about this.

 

I will send the above letter out today and see what happens. but as i said i had the AQ sent to me and returned it to Mansfield court as i was asked to do so.

[livelylad]

I will send the above letter out today and see what happens. but as i said i had the AQ sent to me and returned it to Mansfield court as i was asked to do so.

 

ok as martin says send the letter.

[BankFodder]

the problem here is that you haven't seen CitiCards allocation questionnaire and you don't know what they put in theirs.

 

I suppose that you are claiming in respect of a personal account are you?-- and not a business account.

 

I think that you should send a letter to Mansfield but also to Salford. Do you have a copy of your allocation questionnaire? If so please would you send me a private message.

 

I think that your letter should point out to both courts that you do not understand why your case has been transferred to Salford when you are an individual acting in person and with limited means -- whilst the defendant is a major financial institution which is well resourced.

 

I think it might be a good idea to start off with to contact your local court by telephone and asked to see a copy of CitiCards allocation questionnaire and if they will not send you a copy then to have it read out to you over the phone or to go into the court and ask to see it.

 

Have you any idea why they should choose Salford? Is CitiCards base there?

[bongobaz]

citicards is based in salford bf.

i dont have a copy of my AQ i sent it into Mansfield court and silly me didnt take a copy but i did use the template on here to fill it out!

i have a copy of citis defence and will give the court a quick call now asking for a copy of there AQ

and yes it is a personal account im claim from

[MARTIN3030]

Yes it was the HQ of the former Associates which Citi took over when they bought it out.

It is a very large centre and their UK headquarters (their offices in Reading being only a small concern )

 

Citi have been requesting transfers for some time but to my knowledge fron this and other sites..........they have always been refused.

Steven did a similar letter on pen chgs site for their claimants and it seemed to do the trick.

[bongobaz]

have spoken to salford court for a copy of citis AQ and they are sending out today! i explain to the guy at salford that i want to get it changed back to my local court and he agreed saying citi are a company not a individual so he cant understand why mansfield court have passed it over to salford!

sending the above letter to both mansfield and salford courts today to see what happens??

[bongobaz]

My case was transfered from MCOL to my local court in Mansfield. Citi then sent there AQ back to Mansfield and it has now been transered to Citis local court in Salford.

Has anyone else had this???

I have been speaking with BankFodder most of the day and he has drafted me the letter below to send back to Salford Courts.

 

I understand from a court order that my claim has been transferred to Salford County Court.

This was as a result of a request made by the defendant in their Allocation Questionnaire.

I wish to object to the application for transfer on the following grounds.

1. The defendant’s application was made without notice to myself and I have not been given the opportunity to make representations.

2. I am an individual of limited means. I am a litigant in person and I am suing the defendant on my own account.

3. The defendant is a multi national company with access to huge financial resources whilst my finances are strictly limited.

4. Although the place of trial is at their discretion of the Court the normal and established practice is for the claims in which one of the parties is an individual, be transferred to that individuals home court. In this case my home Court is Mansfield County Court.

5. The defendant, in their defence paragraph 12, had already admitted just over half of my claim and have now acknowledged the amount in issue is only £415.33.

I am also requesting Judgement in request of the admitted sum. The defendants have made reference to the fact of the sum that they admit has been sold onto a third party agency, however, I fail to see the relevance of this to my claim.

6. Order 26 to which the defendant refers to in their application normally is applied for the benefit of a claimant who is claiming as an individual.

7. The defendant refers to a recent find by the Office of Fair Trading, however it is clear that the Office of Fair Tradings conclusions indicate very strongly that companies such as the defendant are acting in violation of the unfair terms in consumer contracts regulations. And therefore as the defendant continues its system of penalty charges in the face of the Office of Fair Trading report it is they who should justly face the burden of costs and not claimants in person who are merely seeking to enforce the law.

8. The defendant argues the virtue of having all cases transferred to the same court. There are presently at least sixteen cases which have been transferred to the Mercantile Court in London so that the bank charges issue can be tested once and for all. The claimant respectfully suggests that if the Salford County Court will not return my case to the Mansfield County Court that in the alternative this case should be transferred to the Mercantile Court in London to be heard before the designated Judge there along side all the other penalty charges test cases.

It is not in the interest Overriding Objective for my case to be tried in a court other than my home court of Mansfield County Court

[steve chester]

hi my case v citi cards has been transfer to salford today, steve chester

[blackcatchillers]

Good luck Bongobaz,i have sent citi a data request so im way behind you,but i will be watching your progress with intrest.

[Guest amethystdragon]

Hmmm if they try and do that to me - they'll get a shock as I actually work in Exchange Quay as well

[keren29]

ooooooh, amethystdragon, it must be soooo tempting to go and have a little chat with Brian.......

[Jaynekul]

Dont worry peeps as a regular user of Salford Court I can tell you they are 1 of the most Claimant friendly in the land! Think CITI may have dropped a clanger there. Im still waiting for disclosure from these twerps before I hit em hard. After all they made my life a complete misery for months over a few £s

MERRY XMAS 1 n all when we have our hard earned back!!!!!!!

[Enron]

If you live in Manchester and are happy with the case being transferred to Salford then thats fine. If you are an individual and have filled in the MCOL, or are taking them to the small claims court - it is your perogative where the case is held.

 

This is just one of the tactics they use to try and persuade you not to continue persuing a claim, likewise disputing the figure you are claiming saying it is either more or less than the figure you have calculated.

[Jaynekul]

Oh absolutely. You should stand by your guns about transfer and the Courts should keep it in your home Court as you are a Litigant in peson. What I am saying is if you end up in Salford expect a very sympathetic hearing

[bongobaz]

well ive now had a reply from salford court moving my case to derby court!!

they have sent me another AQ to complete!

do i just fill this one out the same as the last one i did as per the template on here???

[lickthewallfatboy]

I would imagine that would be the correct course of action.

 

and if it gets to court bongobaz,you will have an extra weapon in the armoury if and when you need it!!

[bongobaz]

thanks LTWFB!!!!

[MARTIN3030]

Right I have just been having a discussion with the other Mods and we are concerned about the contents of the latest AQs from Citi defence.

Their requests to have both the hearings at Salford as well as the meetings in private with the Judge should be vigourously contested.A letter to address this is currently being drawn up and will be made available soon.

You should make the court aware of your concerns so that these requestd are not directed.More on this soon.

[nikkiandmidgets]

Just out of curiosity - I am in Scotland so if I go through the small claims I gather they cant transfer me down to England cos its a different system - is that correct?! Will help me decide in 3 or 4 weeks whether to go MCOL or Small claims...but am willing to go whichever route will be more hassle for Citi!

[bongobaz]

i have my court date on 23rd may at 2.00pm in mansfield court against citi

can anyone give me some help or pointers about how to go about the whole thing??

or a list or want i need to talk about to the judge or how to present it all??

[gizmo111]

i have my court date on 23rd may at 2.00pm in mansfield court against citi

can anyone give me some help or pointers about how to go about the whole thing??

or a list or want i need to talk about to the judge or how to present it all??

 

Yep - is this the first hearing - do you need to submit a bundle?

Can you Pm me your e-mail address so I can get some stuff to you.