Hi all

Another new member for the 'Brian Smith Fan Club' ! He's certainly got the right initials for it hasn't he

Anyway, I've just received what seems to be the now standard reply from

Mr BS, offering the difference between £12 and the various fees charged on my account. Obviously, this is not acceptable so I'm about to file my court claim - but wondered if I need to amend anything on the templates in view of recent events with Lickthewallfatboy ?

The letter also states:

'In a recent court case involving my client, Joeblow v Citi, the fairness of the above policy and the fairness of the £12 charges was raised. The case was dismissed and the court implicitly held that the policy was fair and the charges reasonable, being in line with both the OFT guidance and common law principles of damage for breach of contract. Citi does not wish to enter litigation with it's customers but will do so if necessary to discourage speculative and ill conceived cases founded on a misunderstanding of the OFT report. with the benefit of this judgement behind it, Citi will continue to deal with claims in the manner outlined above'

From reading through the threads I know a few people are getting replies along these lines (Bookwork - I'm also going to write to the various bodies about it !!), and I'm wondering if I should stick anything in my claim about it?

Anyone with any advice or suggestions, please chip in. And if there is anything that can't be posted feel free to PM me.

Keep up the good work guys

Hi Popeye,

Is your account still open or is it closed?

Citicards have over 50 claims now they are dealing with apparently. It came up at my hearing on Monday.

They are going to busy boys and girls then running up and down the country to all these local courts, all those travel costs, legal costs, etc, looks like Mr Smiths letters have put off no one.

And all that 8% interst of those claims must be a fair whack, why dont they just pay they will in the end.

regards

adamski

51

51

Nice one.

Hi zootscoot

Sorry for the delayed reply - main fuse blew and it's taken me a couple of days to figure out how to repair it . DOH !!

In reply to your question, the account is still open sort of - I haven't got a card and I haven't used the account since 2001 , but as I had a balance of about £3,000 I still owe them £2,230 even though I've paid them £75 a month or more religiously since then (including several one off payments of a few hundred quid !). Until I joined this site I had no real comprehension of interest rates etc, and I can't believe how much I've actually paid these people due to their exorbitant rates (27.9% on my card !!)

Fortunately, a few months on this site has made me realise that I need to understand a lot more about the way I, (and other people !!), handle what little money I've got. So hopefully I'll come out of this a lot wiser as well as a bit better off...

Thanks for the replies

popeye

Hi Popeye,

Give this letter a shot and issue your claim. The template is fine no need to alter it.

Dear xxxx

Account no xxxxx

Thank you for your letter dated xxx along with your offer of XXX. I accept this offer in accordance to with my duty to mitigate my loss as partial satisfaction of my claim. However, I must inform you that I fully intend to continue my claim for the full amount.

In accepting this part payment, I am in no way consenting to any variation in terms of the contract. I note that no variation of the terms in the contract can be conducted by yourselves unless 30 days notice in writing is granted as per clause 30.1 of the terms and conditions of the contract.

I am aware of the case of joe bloggs v. Citi, but understand that as a small claims case in Northern Ireland it will have no authority in any proceedings issued by myself. I am also aware that a district judge has also advised yourselves that it can not be relied on in any proceedings. I also understand that the case is subject to appeal.

I would also like to point out that whilst the OFT report was instrumental in alerting me to the fact that I can claim the return of unlawful penalty charges, it in no way forms the basis of my claim nor indeed could it as it has no legal force. To remind you, my claim is based entirely on statute and common law in that the regime of charges you have applied to my account represent unlawful penalties for breach of contract following the principles set out in Dunlop v New Garage. They also represent an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 Paragraph 1(e) of Schedule 2 provides that a term “requiring any consumer who fails to fulfil his/her obligation to pay a disproportionately high sum by way of compensation” may be unfair. Furthermore any term requiring a consumer to indemnify your loss may also be regarded as unfair under s.4 of the Unfair Contracts Terms Act 1977 where the court considers it to be unreasonable.

As you have clearly failed to respond to my intial request in either providing a breakdown of the costs to which you have been put to as a result of my breaches in contract, nor repaid the sum in full I shall be issuing a claim forthwith.

Yours Faithfully

XXXX

hopefully the double pronged approach of Keren's hearing and our appeal will settle this nonsense!!

Hi Guys

Thanks for the advice Zootscoot - sent the letter this morning and will be off to court to file my claim this afternoon.

I'll let you know what BS MR B...S... himself comes up with in reply !!

Fingers crossed for you LTWFB

Bye for now