Wednesday vs Citi Cards

[wednesday1867]

Yeah im gonna go for the charges, cos i can base the argument for default removal on the fact that it was made up of penalty charges?

[WendyB]

Yes, that's right. Keep the charges and the default removal together as part of the same claim. MKAndy is doing that I believe, have a look at his thread.

With regard to contractual, I would look at that very carefully, its a bit of a minefield and cases have been lost with CI recently. With the way Citi operate, I personally wouldn't go for it unless you're really well up on it and have very good POC's, but that's just my opinion.

[mkandy]

I'm of the same opinion as Wendy mate, you're going to have a fight on your hands anyway, adding CI to the mix will make it harder on yourself.

[Hopeful1]

Yeah im gonna go for the charges, cos i can base the argument for default removal on the fact that it was made up of penalty charges?

 

Dinner on you then?

[wednesday1867]

With regard to contractual, I would look at that very carefully, its a bit of a minefield and cases have been lost with CI recently.

 

When you say lost, the whole claim lost, or were the charges refunded minus the interest?

 

I'm off to the footy soon, but i'll have a read through your thread Andy over the weekend.

 

Dinner on you then?

 

Chips n gravy all round

[WendyB]

There was a whole case lost, also others where charges had been paid but not CI, so would have been considered vexatious to carry on for just CI. One was Lindsay v Crap One, I think. Can't remember the others off the top of my head.,

 

I'm off to the footie too, depends on the result if I come back on here later or not....

[wednesday1867]

Thanks for that, i think i may use the ci has a bargaining stick, firstly claim it, but then offer to drop it if they settle before court, the charges owed are more than my balance, which im currently not paying anyway cos of the lack of agreement. If they refuse, i'll carry on with it, i'm sure i've seen good arguments to keep it in.

 

Which team Wendy?

[WendyB]

The Baggies. It was almost a banana skin but we got there in the end. Pity our ground is the highest above sea level in Europe - it was bloody freezing!

[mkandy]

It's up to you whether you do go for CI, but given that Citi are the hardest to claim from, and not known for bargaining in the slightest (it's hard to get them to pay out, even when a judgement has gone against them) i would keep the case as simple as possible

[wednesday1867]

The Baggies. It was almost a banana skin but we got there in the end. Pity our ground is the highest above sea level in Europe - it was bloody freezing!

 

 

The win makes up for being cold, you oughta try freezing and losing :grin:

 

 

I have a default from Citi, but its not recorded on my credit file?

 

I will keep it to the 8%, still works out over £500 more than i owe them, just typing the pre lim up now, to go in the post tomorrow.

[mkandy]

It should be recorded on your Credit file, have you checked them all (Callcredit/Equifax/Experian)...i've recently got them all, and they're all different!

[wednesday1867]

How we all doing, update time....

I have ordered my credit report from 2 of the 3 above, thanks MKAndy, i have my credit file from Experian, its from last year and i cant remember my login details

The LBA will be in the post tomorrow, a little late, but been busy wth other stuff.

I did however receive a letter regarding my complaint and thanking me for bringing it to their attention

As my charges cover my balance, the cca request i applied for doesnt matter now, but i received rather an abrupt letter from Citi after i questioned the sending of T&C's as not satisfying my request under the CCA, their reply including photo copies of the Goodes Case Law and their interpretation of the a cca request. The letter finished with an abrupt " because you havent paid since X we have now defaulted your account" im yet to receive this default tho.

Shame i got this letter, as in the lba i was going to offer them a discount on the amount owed, just enough to clear my balance, but not now

[mkandy]

Yeah i got the same thing mate, i think essentially what they're saying is when an account is closed they no longer have to provide you will full dislcosure of the CCA, someone else may be able to elaborate further on that though. Did seem a very rude letter, no doubt it's just a templated letter though. Mine seemed to indicate i never paid them back, when in actual fact i did.

 

With experian, just request the Statutory Credit Report online, it's £2 and doesnt' require log-in or anything. Plus it'll be up to date.

[wednesday1867]

Thing is tho, account is still open, or was

 

Couldn't see postal request, just the 30 day free trial, which i did last year......

[mkandy]

Here you go dude:

 

Experian WiseConsumer

 

 

Complete the bits at the bottom and press next

[wednesday1867]

Half way through their timescale, i've recieved one of the 3 credit files, Citi have defaulted me, but only this January.

 

I haven't received a default notice from them though.......

[Enron]

Pretty sure that your meant to be informed in writing in advance of the default being placed on you.... so possibly reason to take to court and argue it being imposed.

[wednesday1867]

Hello Enron

 

I received a default notice from them, or so i thought, maybe 2 years ago.

 

The only mention of the one on the credit file now, is in their reply to me argueing the state of their response to my cca request and it was short and sweet.

 

When i start court proceedings can i still keep the bit in about removal of the default? Or would i have to start fresh to get that removed?

[Enron]

Haven't done much on default removal so probably not the best person to ask.

 

However it would definately seem unusual, that you had a default notice two years ago - and that the only default made against you has been this January. Definately think you haven't been given correct notification.

[mkandy]

Yes you can continue with it in court proceedings mate, i did for Capital One.

 

Essentially you're arguing that the two things are linked, charges are unlawful, and if the defaulted amount was made up of these charges, then the default is incorrect. The Data Protection Act is all about recording accurate data, so if you win based upon Citi being unable to substantiate default charges, the default should also be removed.

[Hopeful1]

Woo hoo!! You're out of the relegation zone

[wednesday1867]

Not anymore

[Enron]

How come????

[wednesday1867]

Sorry Enron, my reply was to Hopeful about the relegation zone.

 

Still going full ahead with this claim, their 2 weeks is up, i will be sorting out the particulars over Easter weekend and starting the claim on payday

[mkandy]

Still going full ahead with this claim, their 2 weeks is up, i will be sorting out the particulars over Easter weekend and starting the claim on payday

 

Ditto! :grin: