Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Telephoned these today requesting list of all charges since 2002 (when I got the card). They had me on hold for about 10-15mins then came back and said that they cannot seperate the charges out and would have to send me copy statements at £1 each. Agreed, as they will charge this to my CC account where I can claim it back with my next letter/court costs.
Just to be on safe side, sent DPA letter as back up by registered post outlining what had been agreed on the phone.
Will keep you posted, though the operator did not appear to know about the 40 day rule at first.
Telephoned these today requesting list of all charges since 2002 (when I got the card). They had me on hold for about 10-15mins then came back and said that they cannot seperate the charges out and would have to send me copy statements at £1 each. Agreed, as they will charge this to my CC account where I can claim it back with my next letter/court costs.
Just to be on safe side, sent DPA letter as back up by registered post outlining what had been agreed on the phone.
Will keep you posted, though the operator did not appear to know about the 40 day rule at first.
However, as they have breached the DPA, by refusing the list of charges, you had no choice - and you could ask the judge, should it go that far, to allow you to reclaim that cost too.
If not, when they attempt to settle, let them know that you won't unless you get that money back too.
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
However, as they have breached the DPA, by refusing the list of charges, you had no choice - and you could ask the judge, should it go that far, to allow you to reclaim that cost too.
If not, when they attempt to settle, let them know that you won't unless you get that money back too.
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
Woooah - I doubt that you'd be able to get the £1 per statement back - that's not punitive, just a charge for a service.
It seems excessive to me.
The statement is the entire collection, They want £1.00 per sheet - actual cost a few pence.
s.15 Suppy of Goods and Services Act 1982 - in the Library
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Woooah - I doubt that you'd be able to get the £1 per statement back - that's not punitive, just a charge for a service.
It seems excessive to me.
The statement is the entire collection, They want £1.00 per sheet - actual cost a few pence.
s.15 Suppy of Goods and Services Act 1982 - in the Library
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
received statements today and have calcualted £600 in charges.
Telephoned to make my monthly payment then requested who I needed to speak to to reverse the charges. Was dealt with by the same operator who refused to refund.
First letter now sent with what i require and my timelines. Also stated that the timelines given showed that I was willing to resolve this matter amicably and without the need for litigation if they are willing to meet my reasonable timelines (apply the refund to my CC Account within 28 days).
received statements today and have calcualted £600 in charges.
Telephoned to make my monthly payment then requested who I needed to speak to to reverse the charges. Was dealt with by the same operator who refused to refund.
First letter now sent with what i require and my timelines. Also stated that the timelines given showed that I was willing to resolve this matter amicably and without the need for litigation if they are willing to meet my reasonable timelines (apply the refund to my CC Account within 28 days).
Received response from Citi basically stating, among other things:
'Our T&Cs stipulate that the minimum payment must be received by the due date shown on your monthly statement. If such payments are not received within this time, charges will be applied to your account'
'Please be advised that it is your responsibility to maintain the account within the terms and conditions and charges are applied when you fail to do so.'
What they fail to get is that we are not disputing the levying of charges, it's just that the charges need to be an accurate reflection of their costs and not punitive in nature.
Have penned the following to send out on Monday. Will not be telephoning as they have only given me the usual 0870 number.
"Thank you for your response to my letter of 25 February 2006, requesting the refunding of charges made against my credit card account. I am somewhat disappointed in the response of a £25 refund of a late payment fee, and would like to give you a further opportunity to consider your position on the £575 of charges which remain levied.
I consider the charges debited to my account to be punitive in nature, are not a genuine pre-estimate of cost incurred, exceed any alleged actual loss to you and are not intended to represent, or related to, any alleged actual loss. As such, I consider these charges to be unlawful.
At present, I cannot comprehend how a standard computer generated letter, or no communication at all, can cost your company £25 each time my payment is late or I exceed my limit. Furthermore, you are charging an interest rate of 26.4% p.a. on these excessive charges.
To help in my understanding, perhaps you would be kind enough to supply me with a detailed Breakdown of the costs which are incurred by yourselves when my payments are late or my account goes over limit.
I will give you 14 days to reply to me accepting unconditionally my request for the refund of all charges remaining on my account in principle and letting me know a date by which I will receive credit to my Citi Card Account.
If you do not respond, or you do not respond positively, within this time period I will commence action against yourselves through the Small Claims procedure of the county court system."
Received a letter today stating that they cannot help me and believe their charges are 'fair, transparent and lawful'
Also received a default notice in the same post requesting £94.54 in outstanding arrears before 20th April. Questioned this as £575 of the balance of approx £700 is charges and said I could make payment on 25th April.
They refused this point blank and stated they will sell the account on to a third party to collect the sums due. Said I would be statring legal action against them and got a very arrogant 'OK!'
How should I proceed with the county court action I will now take on 25th April. Will the defendant be Citi Cards or the unknown third party, am a bit confused!
Send them the letter before action, and on the 14th day lodge moneyclaim. Don't let them intimidate you. They are not pussy footing around nor should you.
Well...after starting my court action and with 2 days before going for a default judgement, I got letter from Citi solicitor saying that as my claim is roughly the same as my outstanding balance 'it would be far easier to simply write off the existing balance on your account and bring matters to a conclusion that way'.
So will give them a ring on Monday, accept the £693.71 and close that one off.