Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

rich2568 V Citicards-- interesting development!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6319 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My court case against Citicards has been defended by their solicitor with an `Acknowledgment Of Service`- allowing them 28 days to produce a defence.

 

They also wrote to the court with the following:-

"I would be grateful if the court could consider remitting this to the Salford County Court, the Defendants home court. From the CPR rules, notes on allocation at 26.2.1, it is clear that justice ought be local to the defendant. In my respectful submission, the presumption of the Defendants innocence and the fact that my client, which has a national customer base, is currently receiving dozens of such claims and LBA`s from around the country suggests there are goog grounds for the court to consider transferring the case. This would relieve the unfair burden placed on Defendants such as my client which is having to defend itself in small claims hearings countrywide with no prospect of recovering its costs"

 

This is very interesting!-- any ideas Bookworm?

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

Link to post
Share on other sites

  • Replies 79
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

ooooh interesting... and just how many times have they actually defended themselves in court I wonder?

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

Link to post
Share on other sites

Sounds to me like they are trying to sound all reasonable and caring, whereas in truth it's not their call anyway! :confused:

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

Link to post
Share on other sites

The fact that CitiCards (a trading name of CitiFinancial Europe plc., ultimately owned by Citigroup Inc., New York U.S.A.) have indicated that they are receiving "dozens of such claims and LBA's from around the country" suggests, by virtue of their application here, that they will be making the same request to every Court across the Country (so who's picking on who here?). To allow it on this occassion would set a precedent which may adversely affect the claims of other individuals, countrywide, who are attempting to claim against what is a corporate entity who, I believe, have more than enough resources already in place to defend such claims, something which, individuals generally do not.

As to the issue of costs, it is up to the individual Court to decide costs on a claim per claim basis and this comment assumes that all of the claims are to be heard in Small Claims Courts when this may not be the case, their point here, therefore, is unsubstantiated. Can they provide evidence of other current claims to susbstantiate their comments?

On the other hand, would it be easier to agree to this? They won't be expecting you to agree to their application without some fight. Personally, I think it is just another stalling tactic.

 

Ooh, don't get me going

Please support this site!

Any advice or opinions given by me are so given in the belief that they are totally my personal opinion and should not be construed as sound legal advice. If in doubt, employ a suitably insured professional and hope to GOD that they know what they are talking about.:cool:

I am about to start the process against the following:

Abbey,(MBNA) Citi, Debenhams (GE Capital) HSBC, Mint, (RBOS) Virgin (MBNA)

Link to post
Share on other sites

Doesn't it make your heart bleed?

maybe someone shoud remind them that it has all been brought about by their own unlawful penalty charges and that they deserve everything they get.

 

Anyway, as they have written to the judge, you had better lodge your own objection as quickly as you can.

Send a letter to the judge

 

Dear Sir/Madam - quote the case number and refer to the defendants letter asking for the case to be transferred to their local court.

 

say that you wish to object to their request on the following the grounds:

Firstly, they are a business and you are a private individual with limited finds and who is suing in person.

 

As the defendant's letter correctly says, they have a national customer base. this is clearly something which they wish to have and the profit from it. They cannot now turn round and say that having a national customer base is a liability and that they do not wish to carry the responsibility for it.

 

The defendant says that they are receiving many other similar claims from around the country. However, you fail to see that this is relavant to your claim against the defendant. Why you should in some way be penalised for bringing your own claim. If there are are so many otheres claiming against the, maybe it is because the defendants really are in the wrong.

 

The defendants says that it is having to bear the burden of having to defend cases around the country - however you know for a fact that the defendant has not gone on to defend any single one of the claims brought against it, preferring to test claimants all the way to the stage of an allocation questionnaire and then to settle out of court with those claimants who have not been frightened off by the defendants intimidatory tactics.

The defendant has not defended a single case.

 

In fact, the defendant is not interested in litigating at all but merely uses the justice system as a means to frighten legitimate claimants and this is an abuse.

By asking the court to transfer the case to the defendant's home court, the defendant it merely attempting to draw the justice system even more deeply into it's practice of intimidating its legitimate claimants by increasing the hurdles which the claimant must jump before the inevitable full settlement is offered.

  • Confused 1
Link to post
Share on other sites

An excellent reply by Bankfodder.

I always thought that the small claims court was set up for people like us with limited funds to gain access to the law. The clue must be in the rate of fees depending on the amount claimed and the ability to file in your local court. It shows again a blatant abuse of the court system; the cost of which ultimately comes out of the tax payers pocket.

It really is about time this government or any regulatory body started exposing these parasites for what they really are: loan sharks that prey on the people that can least afford to pay these charges.

 

Anyway rant over LBA off to Citi today I only had 4 phone calls tonight, I have got caller ID and they keep changing the number to try and catch me out.

They obviously think their customers are as stupid as their legal department.

 

cheers

andyace

 

( you can have my 5% no prob)

cheers

andyace

 

 

citicards= £650/settled £650

Alliance and Leicester= £1534/request for payment sent/LBA sent/standard refusal/moneyclaimsent/settled £2003.36

Link to post
Share on other sites

He writes a cracking letter, doesn't he.:D :D :D

  • Confused 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

He writes a cracking letter, doesn't he.:D :D :D

 

bowdown.gif Stonking letter BankFodder :D , throw that at them Rich2568, I would love to be a fly on the wall when that hits home

 

Shanks

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

Link to post
Share on other sites

He writes a cracking letter, doesn't he.

 

yes.gif he certainly does!! stirthepot.gif way to go BF!

popcorn.gif awaits further developments on this thread :)

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

Hi Guys

 

Here`s my letter :-

The Court Manager

Northampton County Court

21-27 St Katherines Street

Northampton

NN1 2LH

 

 

Dear Sirs

 

Re: Claim Number: XXXXXXX

XXXXXXXX V Citifinancial Europe plc

 

I write to you referring to a letter sent to you by the Defendant's solicitor Mr Brian Smith dated 22 June 2006.

 

In this letter he has asked the court to consider transferring the above case to the Salford County Court. I wholly object to this request and outline my reasons for doing so below.

 

Firstly the Defendant is a large multinational corporate business with large sums of capital, however I am a private individual with limited funds who is suing in person. As the defendant letter correctly states, they have a national customer base, which is something they wish to have and also profit from. They cannot now turn round and say that having a national customer base is indeed a liability and they do not wish to carry the responsibility for it.

 

The defendant states they are receiving dozens of claims and LBA`s from all over the country, however I do not see that this is relevant to my claim. Why should I be penalised for bringing my own claim. If there are dozens of other claims against the defendant then maybe they are in the wrong in the first place and surely they would save the court and the justice system a lot of time by just accepting this.

 

The defendant states that they are having to deal with the burden of having to defend cases all over the country ,however based on historic cases ,the defendant actually has not gone on to defend themselves in court in person once. Instead they test the claimant all the way to the stage of an allocation questionnaire. They then hope the claimants can be scared off by their intimidatory tactics and drop their case against them.

 

The defendant actually is not interested in litigating at all- they are just using the court and the justice system as a means to frighten legitimate claimants and this is an abuse.

 

By asking the court to transfer the case to the defendant's home court, the defendant is merely attempting to draw the justice system even more deeply into it's practice of intimidating it's legitimate claimants by increasing the hurdles which the claimant must jump before the inevitable full settlement is offered.

 

I am optimistic the court will take my views in board. To allow this request by the defendant on this occasion would set a precedent which may adversely affect the claims of other individuals countrywide, who are attempting to claim against, what I believe to be a corporate entity, Based on their market value they have more than enough resources already in place to defend themselves in court anywhere in the country, something not all private individuals have not.

 

 

Yours sincerely

 

 

 

 

 

XXXXXXXXX

 

I`ll be ringing the court on Friday to see if they have received this letter-- if not they`ll be getting one by Special Delivery!!

  • Haha 1

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

Link to post
Share on other sites

such as my client which is having to defend itself in small claims hearings countrywide with no prospect of recovering its costs"

 

Erm, won't the judge take one look at that and laugh his wig off?

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

Very good letter.

Two minor alterations......

 

I am optimistic the court will take my views in board. To allow this request by the defendant on this occasion would set a precedent which may adversely affect the claims of other individuals countrywide, who are attempting to claim against, what I believe to be a corporate entity, Based on their market value they have more than enough resources already in place to defend themselves in court anywhere in the country, something not all private individuals have not.

 

 

Yours sincerely

 

 

 

...in place to defend themselves in court anywhere in the country, something not all private individuals have. not. (omit the last "not")

Change "Yours sincerely" to "Yours faithfully,"

Good luck.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Guest stephen

Hi as per my reply on my own site

 

if i were a Judge then sorry to say this but your letter would have annoyed me,

I have amended it for you; please remember that you must remove you emotions and personal beliefs from legal letters.

 

If you believe something but have no proof use the word alleges furthermore you always invite a judge to do something not tell him

 

Anyway i hope this helps and please check the spelling as I suffer form dyslexia

 

The Court Manager

Northampton County Court

21-27 St Katherines Street

Northampton

NN1 2LH

 

 

Dear Sirs

 

Re: Claim Number: XXXXXXXX

XXXXXXXXXXXXX V Citifinancial Europe plc

 

I write to you referring to a letter sent to you by the Defendant's solicitor Mr Brian Smith dated 22 June 2006.

 

In this letter he has asked the court to consider transferring the above case to the Salford County Court. I wholly object to this request and outline my reasons for doing so below.

 

Firstly the Defendant is a large multinational corporate business with large sums of capital, however I am a private individual with limited funds who is suing in person. As the defendant letter correctly states, they have a national customer base, which is something they wish to have and also profit from. They cannot now turn round and say that having a national customer base is indeed a liability and they do not wish to carry the responsibility for it.

 

The defendant states they are receiving dozens of claims and LBA`s from all over the country, however I do not see that this is relevant to my claim. Why should I be penalised for bringing my own claim. If there are dozens of other claims against the defendant then maybe they are in the wrong in the first place and surely they would save the court and the justice system a lot of time by just accepting this.

 

The defendant states that they are having to deal with the burden of having to defend cases all over the country ,however based on historic cases ,the defendant actually has not gone on to defend themselves in court in person once. Instead they test the claimant all the way to the stage of an allocation questionnaire. They then hope the claimants can be scared off by their intimidatory tactics and drop their case against them.

 

The defendant actually is not interested in litigating at all- they are just using the court and the justice system as a means to frighten legitimate claimants and this is an abuse.

 

By asking the court to transfer the case to the defendant's home court, the defendant is merely attempting to draw the justice system even more deeply into it's practice of intimidating it's legitimate claimants by increasing the hurdles which the claimant must jump before the inevitable full settlement is offered.

 

I am optimistic the court will take my views in board. To allow this request by the defendant on this occasion would set a precedent which may adversely affect the claims of other individuals countrywide, who are attempting to claim against, what I believe to be a corporate entity, Based on their market value they have more than enough resources already in place to defend themselves in court anywhere in the country, something not all private individuals have not.

 

 

Yours sincerely

 

 

 

 

 

Mr XXXXXXXXXXXX

Link to post
Share on other sites

Erm, won't the judge take one look at that and laugh his wig off?

 

Well, we did, didn't we?

 

Of course he will, then he will admire rich's letter and respond to the silly sols in such a way that rich can look forward to an early cheque!!:D

 

My next target is Citicards. Can't wait!!

 

Elsinore

Link to post
Share on other sites

Hi Again Guys

 

Received the defence from Brian Smith solicitors today. Here are some snippets.

 

Basically it goes on to state that because the debt was charged off and assigned to Hillesden Securities ,then Citicards are not liable for the charges-- well who charged them then?

 

Also, because the balance at the time was 3,458.78 and they assigned it for £484.23 -YES THAT MUCH!!-- this broughtabout a loss of £2974.55 to Citicards. So they are saying that "this represented a loss to the defendant of £2974.55, a figure substantially in excess of the default fees actually levied on this account".

 

They go on to say " The claimant is claiming a sum equivalent to that which he claims was debited to his account over the terms of the Credit Agreement in over limit charges and late payment fees. This claim is based on the recent OFT statement on the unfairness of such default fees. It is the defendant defence that the claimant has sued the defendant in error and has no case against the defendant."

 

"The defendant avers that it does not owe the Claimant the monies claimed whether on the basis of the case stated or at all because the claimant never paid the monies, equivalent to the default fees levied on his account, to the defendant. The defendant relies upon the fact that the assigned amount was in excess of the default fees charged to the account"

 

"In the event that the court were to find in the Claimant`s favour, the Defendant will have sustained double the losses represented by the Claimant`s claim due to the fact it assigned the account debt at a loss and is then required to pay to the Claimant monies which the Claimant never actually paid to it"

 

" The Defendant avers that the Claimant`s claim is restitutionary in nature but there can be no claim for reimbursement because the Defendant never received the sum claimed from the claimant"

 

"The defendant will also aver that had it not assigned the debt to Hillesden, it would have had a defence of set-off against the Claimant in respect of these monies. In the event, the opportunity to raise such a defence has been denied the Defendant by the claimant`s failure to honour the terms of the credit agreement which meant the Defendant had to assign the Claimant`s account at a loss in order to recoup any of its losses"

 

"Each of the Claimant`s Particulars of Claim are denied and each and every allegation within these Particulars of Claim is specifically denied"

 

So then- this debt was paid to Hillesden at a cost of £2425.00 from a judgment of £3703.00 (even though it was sold for just £484.23!!)-- and they clearly stated that this amount was accepted in full and final settlement.

 

I assume that my £2425.00 would include the total debt so this would include any hideous penalty charges applied to the account. Also throughout the life of the account I paid a total of £2424.01-- yet they are stating I have never actually paid them the monies!!??!!

 

Anyway guys, have a look and tell me what you think-- because at this stage a lot of claimant`s will bale out!

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

Link to post
Share on other sites

This is a similar argument to the one used by MBNA in a letter I received, before I had even sent them a LBA http://www.consumeractiongroup.co.uk/forum/mbna/1895-mbna-credit-card.html

 

What they neglect to mention, however, is that if you maintain payments to the DCA, as I have done, then ultimately you WILL have paid their charges.

 

The fact that they will not benefit from that money is not your problem.

 

They made the commercial decision to sell your debt on, presumably because they had made enough money out of your account to make any further action unjustifiable.You can be certain that, taken overall, they will not have made a loss, as, I am sure any judge would reason.

 

Bankfodder would be able to present a much more cogent argument than I, but, in my case, MBNA settled in full immediately after filing a defence, and regardless of their worthless argument.

 

Good luck,

Phil

Link to post
Share on other sites

Come on guys- where are you all?

 

Lets have some feedback- then we can get even more motivated to beat the banks!!

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

Link to post
Share on other sites

OK, so let me get this straight.

 

Because THEY CHOSE to sell the debt on, knowingly at a loss, they say that you don't have a case against them?!

 

They're also saying you're doing this to get back at them... "restitutionary"

 

OK - the one that gets me really laughing is where they say they had to sell the debt at a loss to recoup their losses?!! LMFAO!!!

 

The guy who write this defence is sadly deranged... this will never go to court.

Link to post
Share on other sites

Do you know I totally agree!!

 

These solicitors are good at talking Bollocks-- I suppose I would if I was potentially going to earn £35 an hour to defend something indefenceable!!

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...