Northern Ireland Citi claimants read in

[will77]

i had a case in the small claims court in craigavon this week. we were told at the opening of the court that we must exchange documents we would rely on at that point. the documents did not have to be produced days before the case. essentially you would have only a few minutes to look at any documents that become available at that time.

she suggested that we should all try to settle without her ruling and sent us all out to try to resolve our disagreements. most cases don't make it to trial.

she was right only 1 case went to trial. mine ( not a bank ). just like judge judy, a bit nervous to begin but once things get going it is surprisingly straghtforward.

[redlilymarlene]

OK
ready to do moneyclaim on line... Ive passed my own deadline though as I was hospitalized following a car accident, will this matter? Also, they have only sent a reply to my first letter, not the second, should I wait a further time for them to answer? I'm also quite disabled following the accident for the next few months and a bit worried about attending court, can I take in a representative as I'm drugged to the hilt most of teh time?

[Elizabeth Bell]

Has anybody had problems with The Ulster Bank with Bank Guarantees for
overdrafts that were called in by the Bank unnecessarily
I would be interested in your experience with their recovery dept.

[MRMURPHY]

Just for the record, i can recommend one judge who i get the impression from, 'doesn't take to kindly to the banks.'

Its in N.Ireland, so if you wanna travel to a judge on your side, pm me.

Put it like this, i appeared in court today, with citi. There evidence was written by their account stating it cost £12.88 per default using the ofts method of charging but £27 odd using their own method of cakculation.

The judge asked citi, 'do you have your expert witnesses here today?'

of course not!

If you want me to rule on this i will require, expert witnesses etc etc.

Citi solicitor then said we are arguing a point of law.

Judge then again asked for witnesses..

CITI solicitor then met me outside to try to settle. Suspect a cheque will soon be on its way..

[J C]

Originally Posted by campbeji

Hi guys,

Just found this thread, it's a bit dissapointing for me as I have (as I thought) a biggish claim( or two) going in against these guys. I do however have a question about it that might save the day for me. My account(s) have been passed off to Cabot. They tell me that they now own the debt, are they likely to defend against this in the same way that Citi would?

Any Ideas

Thanks

Jim

Sorry I am unable to make comment on the Northern Ireland Judgement in itself, however the fact that the debt has been passed to a third party agent makes no difference to the fact that bank charges may be in part unlawful. Having dealt with this lesser publicised anomaly for some time, I would suggest that you send a subject access request to the original creditor and advise Cabot of your intention to dispute the ammount pursued. Remember that the original creditor has an oblgation to respond to your request within the forty day period and under OFT rules relating to debt collection practices the collection agent has an obligation to fully investigate reasonably disputed accounts.

One you receive the requested information lodge the counter claim to the original creditor.

In some cases involving third party agents, I have found the counter claim to be greater than the ammount being pursued by the debt collection agent.

If Cabot continue to pursue you throughout the course of this process you should lodge a complaint to the OFT.

Ps debt collectors don't like this procedure as it makes their brain hurt.

Good Luck

[escape committee]

I had received a breakdown of charges fron Nationwide and sent a letter asking for over £5000. I've now got a standard letter in response re-iterating their fees if account goes over overdraft.

However, I have now read that NI Small Claims only takes max of £2000 per claim. Should I split it up into 2-3 claims then ?

Would appreciate any assistance
Thanks.

[Mistermind]

Originally Posted by MRMURPHY

Just for the record, i can recommend one judge who i get the impression from, 'doesn't take to kindly to the banks.'

Its in N.Ireland, so if you wanna travel to a judge on your side, pm me.

Put it like this, i appeared in court today, with citi. There evidence was written by their account stating it cost £12.88 per default using the ofts method of charging but £27 odd using their own method of cakculation.

The judge asked citi, 'do you have your expert witnesses here today?'

of course not!

If you want me to rule on this i will require, expert witnesses etc etc.

Citi solicitor then said we are arguing a point of law.

Judge then again asked for witnesses..

CITI solicitor then met me outside to try to settle. Suspect a cheque will soon be on its way..

As MrMurphy has not posted since, I infer the aforesaid settlement aborted the trial in mid-flight, probably with a confidentiality clause. This is one of just two incidents I have read, where the Dark Side quoted a cost price in court, but ran faster than Linford Christie when asked to witness it formally.