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Cagger since : Apr 2006
Posts : 13 (0.00 post per day)
anneshiku v citicards
hi first i want tothank all who gave a reply regarding my citi card, but istill don't know what to do with the cheque for those ho are new to the thread, i filed a claim against citi cards to the courts and theywere very quick to reply using their solicitor Brian Smith.
I act on behalf of citi financial and am writing in regard to your complaint of default charges applied to your account
I assume that your complaint was made as a result of the recent statement by the OFT on default fees charged by the UK credit card industry.
My client has adopted the same practices as the entire UK credit card industry and, with that industry, disagreeswith the OFT's interpretation of the law relating to default charges. Please note that the OFT recognises that its interpretation does not have the force of law, having never been decided by a court, and therefore merely persuasive.
Moreover, the OFT did acknowledge that default fees are not themselves unlawful' but simply confined itself to stating that it believed that the level of default charges imposed by the UK credit card industry to be unfair. Therefore, if you breach your contract, we are and always were, entitled to levy a default fee, just not one in excess of £12.00
The oFT did not say in its statement that all such default charges are unfair; it merely set a recommended threshold of £12.00 to reflect the balance of information given to it bymany of the banks that these charges are based on a number of factors and not just, as is commonly supposed, the price of a stamp or envelope, etc.
In line with the OFT statement, therefore, I have advised my client that, in your case, as a current cardholder(This is a fib as ipayed them offin 2004) who has been charged nine late payment fees of £25.00 and nine over the limit charges of £25.00, which is a total of £450.00,( the full amount i am claiming from them)it would be appropriate to write off the difference between our charges of £25.00 and the OFT's recommended level of £12.00. Having reviewed your account, I have therefore recommended that the sum of £234.00 be written off, reflecting the difference between £450.00 and £216.00 had the charges been £12.00(i'm being conned somewhere between these words) Accordingly your account has been reduced by that amount,( idon't have an account with them so shouldn't that money be sent to me in form of a cheque?)putting your account in credit by £211.00. This has been requested to be sent to you as a cheque, which you should recieve within the next seven days( it came the same day as these letter but i haven't cashed it yet)
In the event that you are not satisfied with this nd proceed to issue a claim for the full amount, Citifinancial will defend this on the basis of the OFT's own statement and analysis of the lawful level ofdefault charges.9sounds like a threat to me)
Any defence will also excercise the defendant's right to seek to have the claim transfered to its home court, i.e. Salford county court.(i live in london) The legal presumption is that justice should be local to the defendant as the dfendant is deeemed innocent until proven guilty and ought to be disadvantaged in defending itself. ( they re now playing victim after ripping me off)
please some one help me as to the next step and what to do with the cheque. A template to the reply would be handy please.